Roads act
Roads act
By Ministry of Regional Development and Public Works
10 Feb 2023 | 15:00
Prom. SG. 26/29 Mar 2000, amend. SG. 88/27 Oct 2000, amend. SG. 111/28 Dec 2001, amend. SG. 47/10 May 2002, amend. SG. 118/20 Dec 2002, amend. SG. 9/31 Jan 2003, amend. SG. 112/23 Dec 2003, amend. SG. 6/23 Jan 2004, amend. SG. 14/20 Feb 2004, amend. SG. 88/4 Nov 2005, amend. SG. 104/27 Dec 2005, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 64/8 Aug 2006, amend. SG. 102/19 Dec 2006, amend. SG. 105/22 Dec 2006, amend. SG. 108/29 Dec 2006, amend. SG. 59/20 Jul 2007, amend. SG. 43/29 Apr 2008, amend. SG. 69/5 Aug 2008, amend. SG. 12/13 Feb 2009, amend. SG. 32/28 Apr 2009, amend. SG. 41/2 Jun 2009, amend. SG. 42/5 Jun 2009, amend. SG. 82/16 Oct 2009, amend. SG. 93/24 Nov 2009, amend. SG. 19/9 Mar 2010, amend. SG. 87/5 Nov 2010, amend. SG. 19/8 Mar 2011, amend. SG. 39/20 May 2011, amend. SG. 55/19 Jul 2011, amend. SG. 99/16 Dec 2011, amend. SG. 38/18 May 2012, amend. SG. 44/12 Jun 2012, amend. SG. 47/22 Jun 2012, amend. SG. 53/13 Jul 2012, amend. SG. 15/15 Feb 2013, amend. SG. 66/26 Jul 2013, amend. SG. 16/25 Feb 2014, amend. SG. 53/27 Jun 2014, amend. SG. 98/28 Nov 2014, amend. and suppl. SG. 10/6 Feb 2015, amend. SG. 14/20 Feb 2015, amend. SG. 37/22 May 2015, suppl. SG. 61/11 Aug 2015, amend. SG. 95/8 Dec 2015, amend. and suppl. SG. 101/22 Dec 2015, amend. SG. 30/15 Apr 2016, suppl. SG. 75/27 Sep 2016, amend. and suppl. SG. 11/31 Jan 2017
Chapter one.
GENERAL PROVISIONS
Art. 1. (1) (suppl. – SG 39/11) This Act settles the public relations connected with the ownership, the using, the management, keeping, construction, repair, maintenance and financing of the roads, as well as the management of the road infrastructure safety in the Republic of Bulgaria.
(2) This Act shall not apply for:
1. the streets in populated areas and, towns and villages, with exception of those of them which are simultaneously parts of the national road network;
2. the agricultural roads providing access to farm lands;
3. the forest roads;
4. the private roads not opened for public using.
Art. 2. (1) The roads form a united road network and serve mainly for transportation of passengers and cargo.
(2) The road network shall be developed in compliance with the transport and social needs of the public, the infrastructure of the populated areas and the requirements of the normative acts related to the national security, the protection of the environment and the road safety.
Art. 3. (1) The roads are republic and local.
(2) (suppl. - SG 43/08; suppl. – SG 47/12) National roads are the motorways, high-speed roads and the roads of first, second and third class which provide transport connections of national importance and form the state road network. Certain national roads shall be entered in the trans-European road network.
(3) The local roads are municipal and private, opened for public use, providing transport connections of local importance and connected with the national roads or with the streets.
(4) (suppl. – SG 69/08; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The lists of the republic and municipal roads and the changes in them shall be approved by the Council of Ministers at the proposal of the Minister of Transport and of the Minister of Regional Development and Public Works.
upon coordination with the mayors of the municipalities.
(5) The classification of the national roads shall be made under the conditions and by an order determined by the Council of Ministers.
(6) The change of national roads into municipal shall be approved by the Council of Ministers upon consent of the municipal councils of the respective municipalities.
(7) (new - SG 87/10) The highways shall be national sites. They shall be specifically constructed and marked roads for traffic of high-speed motor vehicles and shall have the following characteristics:
1. separate traffic tracks in each direction with a reservation between them, where each track shall consist of at least two traffic lines and a special line for emergency stopping;
2. junctions with other roads, streets, railways and tram lines shall be on different levels;
3. the traffic inflow and outflow shall be on specific places;
4. without direct connections to adjacent territories;
5. (new – SG 47/12) roadside rest areas;
6. (new – SG 47/12) safety wire fence.
(8) (new – SG 47/12) High-speed roads shall be national sites. They shall be specifically constructed and marked roads for traffic of high-speed motor vehicles and shall have the following characteristics:
1. separate traffic tracks in each direction with a reservation between them, where each track shall consist of at least two traffic lines;
2. junctions with other roads, streets, railways and tram lines shall be on different levels;
3. the traffic inflow and outflow shall be on specific places;
4. links to adjacent areas are via a local lane separated from the direct route by a reserve at least two metres wide;;
5. safety wire fence;
6. emergency stop areas;
7. roadside rest areas.
(9) (new – SG 47/12) The terms and the procedures of the State Property Act, the Spatial Development Act, the Forestry Act and the Agricultural Land Conservation Act shall apply to the repositioning of wire fence sections and technical infrastructure facilities affected in the design and construction of highways and high-speed roads in the context of national sites within the meaning of the State Property Act.
Art. 4. (1) (amend., SG 6/04) The sections of the national roads within the urbanised territories and the towns and villages have limited connections with the street network and the traffic on them shall have right of way.
(2) The national road-beds along the street network of the populated areas and the towns and villages shall be determined by the general urban development plan.
Art. 5. (1) (suppl. – SG 39/11) The roads (road infrastructure) have the following basic elements:
1. (suppl. – SG 39/11) road range;
2. road facilities;
3. road requisites.
(2) The road range is the area on which the ground roadway is located and the boundary strips on both its sides, together with the air space above it at a height determined by the norms for roads designing.
(3) The range of the road along the road facilities for moving obstacles and above tunnels includes the horizontal projection of the facility on the terrain and the boundary strips on both sides of this projection.
(4) The boundary strips under para 2 and 3 shall be wide up to 2 m each.
(5) (amend., SG 6/04) The width of the range of the roads outside the populated areas and within the boundaries of the urbanised territories with unregulated adjacent terrains shall be determined by the road design.
(6) (amend., SG 6/04) (6) The width of the range of the primary street network which are part of national roads within the boundaries of urbanised areas shall be determined by a detailed spatial plan.
(6a) (new, SG 88/00; suppl. – SG 47/12; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014; amend. – SG 101/15, in force from 22.12.2015) In construction of new roads or reconstruction of sectors of existing ones, with exception of the motorways and high-speed roads, in parallel to the traffic lanes on both sides can be constructed bicycle alleys. In reconstruction of the existing roads the bicycle alleys shall be constructed on a stabilised banquette. In construction of new roads the bicycle alleys shall be included in the range of the traffic lanes. The bicycle alleys shall be detached from the traffic lane by an open curb and/or protective fence.
(7) (amend., SG 6/04) The road facilities and road infrastructure shall be arranged within the range of the road, with exception of the bases for maintenance of national roads, the power supply and light facilities together with their contiguous areas and the snow protection facilities which can be located out of it.
Art. 6. (1) The republic and municipal roads shall have on both sides boundary construction strip which shall be located at 50 m for the motorways, at 25 m for the remaining national roads and at 10 m for the municipal roads, measured horizontally and perpendicularly to the axis of the road from the end (edge) of the traffic roadway or of the lane for emergency stopping.
(2) When the boundary construction line falls within the range of the road it shall be moved and located along the outer end of the boundary strip.
(3) (amend., SG 6/04) The boundary construction strip within the urbanised territories shall be determined by the urban development and construction plans.
Art. 7. (1) (amend., SG 6/04) The national roads outside the boundaries of the urbanised territories and the towns and villages shall have on both their sides servicing zones.
(2) The servicing zone shall comprise the strip of land of width 100 m at the motorways and 50 m at the other national roads, measured horizontally and perpendicularly to the axis of the road from the end of its range.
(3) Along the length of the road facilities for moving obstacles, at the specially layby road sectors and tunnels the servicing zone under para 2 shall be wide 1000 m.
(4) The change of the width of the servicing zone shall be made smoothly along the length of 1000 m before the beginning and after the end of the sector under para 3.
Chapter two.
OWNERSHIP
Art. 8. (1) The roads are public and private property.
(2) The national roads are exclusive state property.
(3) The municipal roads are public municipal property.
(4) The private roads are property of corporate bodies or individuals.
(5) The ownership of the roads spreads over all basic elements under the conditions of art. 5.
Chapter hree.
USING
Art. 9. (1) (suppl. - SG 11/17, in force from 31.01.2017) The roads are open for public use by observing the order and the rules established by this Act and the Road Traffiic Act.
(2) The private roads can be open for public use when this is required by public interests, by an initiative of the respective municipal council and with the consent of the owner in contracting the relations. The contract shall obligatorily include clauses determining the type and the size of the due compensation and the obligations of the parties for the maintenance and repair of the road.
(3) The owners or the administration managing the roads can introduce temporary prohibitions of public using of individual roads or sectors of them in carrying out repair works, during natural calamities and accidents, for unfavourable water and heat regime of the cover, for occurrence of a danger for the traffic security and in carrying out mass sport events.
(4) (amend. – SG 64/06; amend. – SG 69/08) The National Agency "Road infrastructure" shall introduce prohibitions for public and special using of individual roads for some types of vehicles when it is necessary for providing the road safety.
(5) Prohibitions under para 3 and 4 shall be introduced upon coordination with the bodies of the Ministry of Interior, and for the special layby sectors - with the Ministry of Defence.
(6) (new – SG 39/11) The control of the traffic organisation and the activities referred to in Para 3 shall be carried out by authorised officials of the control services of the Ministry of Interior and the of road owner (the street that is also a section of a republican or municipal road), or of the administration that manages the road, in compliance with the requirements set out in the ordinance referred to in Art. 3, Para 3 of the Road Traffic Act.
Art. 10. (amend. - SG 43/08) (1) (suppl. – SG 101/15, in force from 22.12.2015) For passing on individual national roads, included in the trans-European road network, as well as such out of it or in their sectors, the Council of Minister may introduce the following fees for certain categories of road vehicles:
1. a fee for using the road infrastructure - vignette fee; the payment of a vignette fee shall grant the right to one road vehicle to use for a certain term the republican roads, included in the trans-European road network, as well as such out of it or in their sectors; the amount of the vignette fees, including the administrative costs for all categories vehicles shall be determined by the Council of Ministers so that is should not be higher than the maximum amounts specified in Appendix No 1;
2. (amend. – SG 101/15, in force from 22.12.2015) a travelled distance fee - TOLL fee; the payment of a TOLL fee shall grant the right to one road vehicle to travel a distance between two points of a particular road or a road section; the travelled distance fee shall be determined according to the technical characteristics of the road or the road section, to the travelled distance, to the vehicle category and shall be determined for every single road or road section.
(2) (new - SG 11/17, in force from 31.01.2017) The driver of a road vehicle traveling on the national roads included in the trans-European road network, as well as those outside it, or on portions thereof, without having paid the appropriate fee under Para. 1, shall pay a compensatory fee which entitles him to finish the trip within 24 hours after payment. The amount of the compensatory fee shall be determined by the Council of Ministers with the tariff of Art. 10, Para. 6 depending on the type of the road vehicle.
(3) The list of roads where vehicles with Bulgarian or foreign registration can pass, at which a fee for using the road infrastructure - vignette fee, or a travelled distance fee - TOLL fee may be collected, shall be adopted in a decision by the Council of Ministers.
(4) A fee for using the corresponding facility and/or pass can be introduced for using certain facilities on the national roads referred to in Para 1 - bridges, tunnels and/or mountain passes specified in a list adopted by a decision of the Council of Ministers and promulgated in the State Gazette. Such fee shall not be introduced for the roads, for which a fee under Para 1, Item 2 is collected.
(5) For special use of the national roads or parts thereof shall be collected separate fees.
(6) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The amount of the fees under Para 1, 4 and 5 shall be set by the Council of Ministers with a tariff, and the terms and order of their collection - by an ordinance of the Council of Ministers on the proposal of the Minister of Finance and the Minister of Regional Development and Public Works.
(7) (new – SG 101/15, in force from 22.12.2015) The terms, conditions and rules for construction and operation of a combined system of payment of travelled distance fee - Toll fee for heavy goods motor vehicles and electronic vignette for light motor vehicles, shall be determined by an ordinance of the Council of Ministers in accordance with the requirements of Directive 1999/62/EU of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures and Directive 2004/52/EU of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community.
(8) (Amend. - SG 101/15, in force from 22.12.2015, prev. para. 2 - SG 11/17, in force from 31.01.2017) The introduction of fees as per para. 1 for traveling on the national roads outside of the trans-European road network, or on portions thereof, in order to manage traffic flows in parallel (alternative) directions of the trans-European road network should not lead to discrimination against the international traffic and to breach in the competition between the different carriers.
Art. 10a. (new, SG 6/04) (1) (revoked - SG 43/08)
(2) Vignette charges shall be differentiated depending on type of transport vehicle for which they are meant and on the term for which the vignette charge has been paid for.
(3) (amend. - SG 11/17 (*)) Depending on the length of time, the vignette charges shall be annual, quarterly, monthly, weekly and daily. For road vehicles under para. 7, item 1 and 2, issued shall be yearly, monthly, weekly and daily vignettes stickers. For road vehicles under par. 7, item 3 issued shall be yearly, quarterly, monthly and weekly vignettes stickers. Vignettes shall be valid respectively for one year, three months, one month, one week or one day from the date of purchase. The validity of vignettes shall be defined in the ordinance of Art. 10, para. 6.
(4) (suppl. - SG 101/15, in force from 22.12.2015, suppl. - SG 11/17, in force from 31.01.2017) The vignette fee shall be paid by the owner or user of the road vehicle after declaring its registration number, which is than noted in the document of payment.
(5) (amend. – SG 64/06; amend. – SG 39/11) When paying for the vignette charge shall be issued a negotiable instrument, called ‘vignette’, certifying the right for the use of national roads, whereas:
1. the vignette comprises two parts; the first part is meant for a single sticking in the lower right corner on the inside of the windscreen of the transport vehicle and is secured against falsification with protection signs; it also has the purpose to evidence before the control bodies that vignette charge has been paid; the second part shall be kept by the transport vehicle driver and shall be considered a proof for the paid vignette charge in case of issuing a free of charge vignette sticker in case of breaking or theft of the wind-screen of the vehicle, and also in case of manufacturing defect of a vignette sticker;
2. (suppl. - SG 11/17, in force from 31.01.2017) the owner or the user of the vehicle shall have the right to use the national roads of the Republic of Bulgaria, by driving through them or through their sections with the vehicle only provided that a vignette charge has been paid for the respective period and category of the vehicle and in the lower right corner of the wind-screen of the vehicle a valid vignette sticker has been stuck in a manner preventing its re-use;
3. in case of destroying of the stuck part of an annual vignette sticker dire to a manufacturing defect of a vignette sticker, breaking or theft of the wind-screen, upon presentation of the second part of an annual vignette sticker a free of charge annual vignette sticker shall be issued, valid till the expiration of the term of the initially issued vignette sticker;
4. (amend. – SG 69/08; amend. – SG 44/12, in force from 01.07.2012; amend. – SG 53/14; amend. – SG, 14/15) breaking or theft of the wind-screen shall be evidenced respectively with a Certificate of with an Act of Findings of Chief Directorate "National Police", and the manufacturing defect of the vignette sticker – with a visual inspection, carried out by representatives of the respective regional roads administration of the National Agency "Road infrastructure".
5. free of charge annual vignette sticker shall be issued to the owner or to the user of the vehicle upon submission to the respective regional roads administration of an application for a free of charge vignette sticker, to which a copy of the document of ownership or use of the vehicle, the Act of confirmed breaking, theft or manufacturing defect shall be attached, the second part of the annual vignette sticker and the part, which has been stuck on the broken screen, or the part with the manufacturing defect, in case of a theft of the wind-screen no presentation of the first part of the vignette sticker is required.
(6) (amend. – SG 101/15, in force from 22.12.2015) Charges as per Art. 10, para 1 shall be paid for the following road transport vehicles:
1. motor vehicles which have at least four wheels and are meant for transportation of passengers, the motor vehicles meant for transporting cargoes which have at least four wheels as well as those motor vehicles with enhanced roadability.
2. motor vehicles with at least two axles constructively designed for hauling, pushing and operating certain instruments, additional machinery or trailers; wheel tractors which can be equipped for transporting goods (dumpers) and accompanying crew and the trailers including semi-trailers are related to them.
3. specialised construction machinery, truck cranes, specialised trailers for hauling loads of abnormal weights or dimensions loads of abnormal weights or dimensions; and other specialised cars without the trolley-buses.
4. wheel tractors and other automotive machines which shall be registered for driving on the roads.
5. specialized road vehicles and construction machines which are on principle meant for driving out of national roads including mine and stone-pits transportation vehicles for the time when they use national roads for automotion provided they meet the technical requirements and the safety conditions of driving.
(7) The transport vehicles as per para. 6 shall be divided into the following categories:
1. (amend. - SG 43/08) transport vehicles under Para 6, Item 1 meant for hauling cargoes, as well as transport vehicles under Para 6, Item 2, 3, 4 and 5 with 2 (two) and more axles having a maximum permissible gross laden weight of not less than 12 tonnes;
2. (amend. - SG 43/08) transport vehicles meant for transporting people with more than 8 (eight) seats without the driver’s and transport vehicles meant for hauling cargoes with than 2 (two) axles, a train of transport vehicles as well as the transport vehicles as per para. 6 sections 3, 4 and 5 with more than 2 (two) axles and/or having a maximum permissible gross laden weight of less than 12 tonnes;
3. (suppl. – SG 105/06) transport vehicles meant for transporting people with no more than 8 (eight) seats, transport vehicles meant for hauling cargoes, and/or transport vehicles, meant for transporting people and cargoes, with technically permissible maximum mass not exceeding 3,5 tones, and also cross-country transport vehicles of this group.
(8) The vignette charge shall be set for each specific transport vehicle. The vignette issued against a paid vignette charge shall follow the transport vehicle in case of transferring the ownership of the transport vehicle as well keeping the validity of the term for which it is issued.
(9) (new - SG 43/08) Where the transport vehicle of the category under Para 7, Item 3 hauls one or more trailers having a maximum total permissible gross laden weight of more than 3,5 tonnes of one or of the composition of trailers as a whole, a vignette fee shall be paid for the composition in amount equal to the fee due for a vehicle under Para 7, Item 2.
(10) (new - SG 43/08) For reduction of the harmful impact to the environment by the vehicles, when determining the amount of the fees in the Tariff under Art. 10, Para 6 the Council of Ministers shall determine lower fees for vehicles under Para 7, Items 1 and 2, meeting the ecological category "EURO III", "EURO IV", "EURO V", "EEV" and higher.
(11) (new - SG 43/08) The vehicles under Art. 10a, Para 7, Items 1 and 2 meeting ecological category "EURO 0", "EURO I", "EURO II", as well as the vehicles in respect of which ecological category under Para 10 cannot be proven, shall pay the total amount of the fees under Art. 10, Para 6.
(12) (new - SG 43/08; suppl. – SG 39/11) The right to pay the lower fee under Para 10 for the vehicles under Para 7, Items 1 and 2 compliant with "EURO III", "EURO IV", "EURO V", "EEV" and higher shall be proven by presenting an original or a notary certified copy of the certificate for registration of the vehicle - Part I, where in Item V9 the words "ЕВРО/EURO III, IV, V" or "EEV" have been entered, and/or with a certificate according to Resolution СЕМТ/СМ(2001)9 Final, Resolution СЕМТ/СМ(2005)9 FINAL, Resolution ITF/TMB/TR(2008)12 and a valid certificate for technical road-worthiness. Provided that in the certificate for registration no entry ЕВРО/EURO of the vehicle is available and there is no a valid compliance certificate for it available, in respect of all vehicles with a date of initial registration after 30 September 2001 it shall be considered that they meet at least category "EURO III" and they may enjoy the right to pay a lower fee according to Para 10.
(13) (new – SG 39/11) The chairman of the management board of the "Road Infrastructure" Agency shall approve in an order the graphic design of the various groups and types of vignettes. The order for the graphic design of the various groups and types of vignettes for the respective year shall be promulgated in the State Gazette by 30 November of the preceding year.
(14) (new - SG 11/17, in force from 01.01.2018) In determining the graphic design as per Para. 13, mandatory shall be to permanently mark on the vignette the day, month and year of its purchase.
Art. 10b. (new, SG 6/04; amend. – SG 69/08; amend. – SG 93/09, in force from 24.11.2009; suppl. – SG 61/15, in force from 01.11.2015) For driving on national roads of special transport vehicles of the Ministry of Interior, of the National Service for Protection, of the State Agency "National Security", of the Emergency and of the military forces no charges shall be paid as per. art. 10.
Art. 10c. (new, SG 6/04; amend. - SG 104/05, amend. – SG 64/06; amend. - SG 43/08, in force from 01.01.2009) (1) (suppl. – SG 41/09, in force from 01.07.2009) A disabled person of 50 and more than 50 per cent reduced ability to work or a type and level of disability in the corresponding order shall be exempt from paying vignette charge for a car - his/her ownership or joined marital property, with engine volume up to 2,000 cc and power of up to 117.64 kW (160 HP) according to order set in an ordinance of the Minister of Transport and the Minister of Labour and Social Policy.
(2) (new – SG 39/11) Under the conditions referred to in Para 1 from payment of a vignette fee shall be exempt the persons and the families raising children with permanent disabilities under 18 years of age and before completion of their secondary education, but not later than 20 years of age.
(3) (prev. text of Para 02 - SG 39/11; revoked - SG 99/11, in force from 01.01.2012)
Art. 10d. (new, SG 6/04; amend. – SG 101/15, in force from 22.12.2015) For transport vehicles with foreign registration charge as per Art. 10, para 1shall not be collected if this has been provided in an international treaty or convention, to which the Republic of Bulgaria is a party.
Art. 10e. (new – SG 104/05) For wheel tractors, tractor trailers and other automotive mechanics, registered for work as per the Act on Registration and Control of Agricultural and Forestry Machinery, charge as per Art. 10, para 1 shall not be paid.
Art. 10f. (new - SG 43/08) (1) (amend. – SG 69/08) The control at the border control points for performance of the duties of the transport vehicles with Bulgarian and foreign registration for payment of the fees under Art. 10 shall be carried out by officials of National Agency "Road Infrastructure".
(2) (amend. – SG 69/08, amend. – SG 75/09, amend. – SG 101/15, in force from 22.12.2015, suppl. - SG 11/17, in force from 31.01.2017) The transport vehicle which has arrived at a border control point in direction of leaving the territory of the Republic of Bulgaria without holding a valid document for paid charge as per Art. 10, para. 1 or 2, shall be able to leave the country only after payment of the fee under Art. 10, para. 2 for the respective category of vehicle in the specialized unit of the Customs Agency at the given border control checkpoint.
(3) (new - SG 11/17, in force from 31.01.2017) Road vehicles, having arrived at a border checkpoint in direction of entering the territory of the Republic of Bulgaria without holding a valid document for paid charge as per Art. 10, para. 1, shall be able to continue their journey only after payment of the fee for the respective category of road vehicle in the specialized unit of the Customs Agency at the given border control checkpoint.
(4) (new - SG 75/16, in force from 27.09.2016, prev. Para. 3 - SG 11/17, in force from 31.01.2017) In the event where inspection activities related to passport and visa regime are carried out on the territory of a neighboring country, the Customs Agency shall fulfill its obligations under para. 1 and 2 on specially designated places on the national road network within the border area.
Art. 10g. (new – SG 39/11, amend. – SG 101/15, in force from 22.12.2015) In respect of a road vehicle for combined transportation in the sense of Art. 56 of the Railroad Transport Act, no fee as per Art. 10, para 1 shall be paid for its way from the border to the closest intermodal terminal and back, if the particular transportations has been authorised with a certificate for internal combined transportation on the territory of the Republic of Bulgaria, issued on a form, approved by the Minister of Transport, Information Technologies and Communications.
Art. 10h. (New – SG, 101/2015, in force from 22.12.2015) (1) The national system for charging for the use of the road infrastructure shall include the European Electronic Toll Service (EETS).
(2) (amend. - SG 11/17, in force from 31.01.2017) The EETS providers established on the territory of the Republic of Bulgaria shall be subject to registration in a national electronic register of providers, maintained by the Agency "Road Infrastructure", if they meet the requirements of Art. 3 of Decision 2009/750/EC laying down the European service for electronic collection of tolls and its technical elements (OJ, L 268/11 of 13 October 2009).
(3) Disputes arising between the person collecting tolls for distance travelled and use of road infrastructure in Bulgaria and the persons using the road infrastructure, shall be dealt with under the Consumers Protection Act.
(4) Disputes arising between the person, collecting the tolls for distance travelled and use of road infrastructure in Bulgaria, and the EETS providers who have signed contracts or are in contractual relationship with that person, shall be viewed by the Reconciliation Committee under the Ministry of Regional development and public works. The members, functions and activities of the Committee shall be determined by regulation, approved by the Minister of Regional Development and Public Works or by an authorized official.
(5) During the examination of disputes, the Reconciliation Committee shall have the right to investigate whether the imposed contractual terms by the person collecting tolls for travelled distance onto various EETS suppliers are non-discriminatory and reflect correctly the costs and risks of the parties in the contract.
(6) The principles of operation of EETS, the technical requirements for interoperability of EETS, creating and maintaining a national registry of EETS regions and national registry of EETS providers shall be determined in ordinance in accordance with Art. 10, para. 7.
Art. 11. (amend. - SG 36/06, in force from 01. 07.2006; amend. - SG 43/08) (1) Concession on the republic and municipal roads or on separate sections or road facilities of them, shall be granted under the conditions and by the order of the Concessions Act.
(2) With the decision for initiation of the procedure for granting the concession shall be determined the conditions and order under which the concessionaire shall be entitled to collect concession TOLL fee and/or to receive other payments including from the concessor.
Art. 12. (revoked - SG 36/06, in force from 01.07.2006)
Art. 13. (revoked - SG 36/06, in force from 01.07.2006)
Art. 14. (1) (amend. - SG 36/06, in force from 01.07.2006) The concession territory shall comprise particular national road or separate section of such and the adherent areas under art. 5.
(2) In the cases when a subject of a concession is a motorway the concession territory shall also comprise the areas necessary for construction of roadside servicing complexes determined by the technical documentation for construction of the motorway.
(3) (new, SG 6/04) The concession territory shall be set on the basis of an approved project under art. 126, para 6 of the Spatial Development Act.
Art. 15. (revoked - SG 36/06, in force from 01.07.2006)
Art. 16. (revoked - SG 36/06, in force from 01.07.2006)
Art. 17. (revoked - SG 36/06, in force from 01.07.2006)
Art. 18. (1) The special using of the roads shall be carried out by a permit of the owner or of the administration managing the roads.
(2) The individuals and the corporate bodies shall pay fees for the special using of the roads, except when an international agreement, party to which is the Republic of Bulgaria, stipulates otherwise.
(3) The size of the fees under para 2 shall be determined by:
1. the Council of Ministers - for the national roads;
2. the municipal councils - for the municipal roads;
3. the owners - for the private roads.
(4) The persons who have obtained permit for special using shall eliminate for their account all damages and harm caused by them on the roads or shall reimburse the expenses for that, made by the administration managing the roads.
(5) The special using of the roads shall be carried out under conditions and by an order determined by an ordinance of the Council of Ministers.
Chapter four.
MANAGEMENT
Art. 19. (1) The roads shall be managed as follows:
1. (amend. – SG 64/06; amend. – SG 69/08; amend. – SG 55/11; amend. – SG 101/15, in force from 22.12.2015) the national roads - by the Agency "Road Infrastructure";
2. the municipal roads - by the mayors of the respective municipalities;
3. the private roads - by their owners.
(2) (new – SG 69/08) The road administration shall include:
1. operative construction planning – engineering and construction, and maintenance of the roads;
2. providing for engineering and construction of roads, including assigning public procurement and granting concessions for these activities;
3. organization, assignment, financing and control of the activities directly related to engineering, construction, administration, repairing and maintenance of the roads;
4. organization and performance of protection of the roads, including the road equipment and road accessories;
5. providing for the public use of the roads by regulation and control of the traffic, granting permissions and imposing prohibitions for use of roads;
6. exercising control on the vehicles with view to the correct exploitation of the roads and prevention of destruction;
7. provision of information and prognosis of the road traffic;
8. other activities, determined in This Act and the implementing regulations not related to use and disposition.
(3) (amend. – SG 64/06; prev. text of Para 02, amend. – SG 69/08; amend. – SG 55/11; amend. – SG 101/15, in force from 22.12.2015) The municipalities and the owners of private roads shall coordinate with the Agency "Road Infrastructure" the projects for construction and connection of these roads to the national roads.
Art. 19a. (new – SG 69/08) The Council of Ministers shall determine the state policy on planning, construction, administration and maintenance of the road infrastructure in the Republic of Bulgaria.
(2) In performance of the state policy referred to in Para 1 the Council of Ministers shall:
1. adopt:
a) a strategy for development of the road infrastructure;
b) a middle term operative programme for performance of the strategy;
2. provide concessions in the republican roads and the road equipment which are state property (bridges and tunnels).
Art. 20. (amend. – SG 69/08; amend. – SG 75/09) (1) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Transport, Information Technologies and Communications and the Minister of Regional Development and Public Works shall:
1. (suppl. – SG 39/11) implement the state policy for development and safety management of the road infrastructure;
2. propose to the Council of Ministers a strategy for development of the road infrastructure and middle term operative programme for its performance;
3. in accordance with their competences, submit to the Council of Ministers draft laws and subordinate normative acts regulating the road use and management.
(2) The Minister of Transport shall:
1. maintain and develop the international initiatives for construction of sectors of the cross-European road network on the territory of the country, including of the cross-border road connections;
2. conclude and provide for fulfilment of international bilateral and multilateral contracts and agreements in the sphere of planning, construction, administration and maintenance of the national roads;
3. presenting to the Council of Ministers draft laws and by-law normative acts related to national roads administration.
(3) (amend. - SG 66/13, in force from 26.07.2013) The Minister of Regional Development and Public Works shall support and develop international initiatives, conclude and guarantee the implementation of international treaties in the field of management, planning, construction and maintenance of national roads.
(4) (new – SG 55/1; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works and the Minister of Transport, Information Technology and Communications shall be responsible for drawing up of a draft strategy for the development of the road infrastructure in compliance with the state policy.
(5) (prev. par. 4 – SG 55/11; amend. - SG 37/15) Heads of the managing authorities of operational programs may sign agreements with the Chairman of the Management Board of the Agency "Road Infrastructure" for the implementation of projects financed by the European Union.
Art. 21. (amend. – SG 69/08) (1) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) National Agency "Road Infrastructure" at the Council of Ministers shall be transformed into Road Infrastructure Agency at the Minister of Regional Development and Public Works.
(2) (amend. SG 15/13, in force from 01.01.2014; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014; amend. – SG 101/15, in force from 22.12.2015) The Agency shall be a budget-financed legal person with the Minister of Regional Development and Public Works, with seat Sofia and specialised units: district road offices and Roads and Bridges Institute.
(3) The Agency shall:
1. (amend. – SG 55/11; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) assist the Minister of Regional Development and Public Works for drawing up a draft strategy for development of the road infrastructure in compliance with the state policy;
2. administer the national roads in compliance with the middle term operational programmes;
3. research, analyse and make prognosis on the development of the traffic on the national roads;
4. perform projects, financed through the operational programmes "Transport" and "Regional Development";
5. (suppl. – SG 39/11) organize public procurement for engineering, impact assessment on the road safety and road safety audits, construction, repair and maintenance of the national roads, as well as for applied science research and consultations, related to road administration;
6. organize preliminary acts, conduct of procedures, signing concession contracts and control their performance regarding the national roads;
7. (revoked – SG 39/11)
8. coordinate investment projects related to the road administration, as well as for construction of road links to the national roads, as well as projects requiring repositioning of a road or the realization of which requires additional road safety measures on the national roads;
9. (amend. – SG 39/11) draft a list and changes of the national roads;
10. grant permits for special use of the national roads;
11. organize or control the collection of vignette fees, TOLL fees and the other fees prescribed in This Act;
12. control the transport documents of the foreign carriers;
13. exercise control on the vehicles regarding their dimensions, total weight and axle load in view to the correct use of the roads and protection from destruction, and shall collect fees, where the allowed values are exceeded;
14. cooperate with the authorities of the Ministry of Emergency Situations and the Bulgarian Army for securing the road traffic in case of natural calamities, big industrial accidents and during wartime;
15. carry out the functions of state road administration, represent the state in international road organizations and participate in drafting and performance of international contracts related to construction, maintenance and use of the roads;
16. issue documents within its competence;
17. (new – SG 39/11) organise the planning and assignment of the impact assessment on the road safety and of road safety audits of the respective stage of the planning, of the investment engineering, in entry into test operation of the road and in its initial operation in the cases specified in This Act;
18. (new – SG 39/11) approve a road safety plan and auditors’ road safety reports and take the corresponding decisions for each particular road infrastructure;
19. (new – SG 39/11) carry out periodical inspections of the road infrastructure safety intended to check the characteristics related to the road safety and establishing incompatibilities thereto, requiring implementation of measures for prevention of road accidents on the roads of the national road network in the cases specified in This Act.
(4) (new – SG 75/09; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall control the activity of the Agency, by:
1. approving the Agency budget;
2. adoption of the report on Agency budget execution;
3. controlling the Agency budget execution within the scope of his/her competency;
4. adoption of the Agency annual business report;
5. (new – SG 55/11) approving Agency three-year program for roads management and for the development of the road infrastructure in compliance with the adopted by the Council of Ministers strategy for the development of the road infrastructure and annual plan of program implementation by the Agency and by controlling their execution;
6. (prev. item 5 – SG 55/11) carrying out other control functions within the scope of his/her powers, provided in a regulating act.
Art. 21a. (amend. – SG 66/08) (1) The Agency shall be managed by a Management Board.
(2) The Management Board comprises a Chairperson and two members having suitable qualification and professional experience in the spher3e of management, design, construction and maintenance of road infrastructure or in public and corporate structure management.
(3) The Agency shall be represented by the Chairperson of the Management Board.
(4) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The Minister of Regional Development and Public Works shall conclude, amend and terminate the contracts with the Chairperson and the members of the Management board.
Art. 21b. (new – SG 64/06; amend. – SG 69/08; amend. – SG 75/09) (1) As a Chairman and a member of the Management board of the Agency may not be appointed a person:
1. under guardianship;
2. sentenced to deprivation of liberty for deliberate crime of general character;
3. taking a position or carrying out activity under Art. 19, par. 6 of the Administration Act;
4. who is a related person in the sense of the Commerce Act to a merchant or associate or shareholder in a merchant, participating in public procurement or concession procedures, carried out by the Agency;
5. occupying managing or control position in a political party;
6. who has been deprived of the right to carry out commercial activity;
7. who is not a Bulgarian citizen, a citizen of another European Union Member State, of another state – a party to the European Economic Area agreement, or of Confederation of Switzerland.
(2) The Chairman and the members of the Board of Directors shall submit a declaration of missing circumstances referred to in part. 1 upon taking of office and currently every 6 months. Within three days after the occurrence of the change of declared circumstances the person shall submit a declaration thereof.
(3) Upon occurrence of a circumstance which is incompatible with the requirements for taking the position under par. 1, the contract of the respective person shall be terminated.
Art. 21c. (new – SG 64/06; amend. – SG 69/08; amend. – 75/09( (1) The Supervisory Board shall take decisions regarding:
1. organization of allocation and spending of the funds for planning, construction, administration and maintenance activities of the national roads;
2. approval of the draft budget of the Agency;
3. carrying out of deals of disposal or leasing properties or items – state property, assigned to the Agency for management;
4. (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) proposals to the Minister of Regional Development and Public Works for amendment of the list of national roads;
5. proposals for drafts of legislative acts regulating managements, engineering, construction and maintenance of roads;
6. approval of technical specifications, technical guidance and methodology papers, related to construction, management, operation and maintenance of roads;
7. assignment of public procurement orders for engineering, construction, repair and maintenance of national roads, and also for management of projects, research and applied studies and consultancy regarding road management;
8. preparation of draft decisions for opening of procedures for granting of concession, of justification, of an announcement, of documentation for participation and of concession contracts for concessions of national roads;
9. (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) preparation, adoption and submission to the Minister of Regional Development and Public Works on an annual basis not later than 31 March of an annual business report of the Agency for the preceding year.
10. (new – SG 55/11; amend. – SG 98/14, in force from 28.11.2014; amend. – SG 101/15, in force from 22.12.2015) preparation, adoption and presentation to the Minister of Regional Development and Public Works for approval of a draft of three-year program of the agency for management of roads and for the development of the road infrastructure in compliance with the adopted by the Council of Ministers strategy for the development of the road infrastructure and an annual plan of implementation of the program by the agency; both the program and the plan shall be presented to the Minister for approval not later than 31 January for the coming three-year period, respectively for the coming year.
(2) The Supervisory Board shall adopt also other decisions regarding the operative management of agency activity.
(3) The Supervisory Board shall take decisions by a majority of its members.
(4) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The rules of functioning of the Managing Board shall be approved by the Minister of Regional Development and Public Works upon a proposal of the Managing Board.
Art. 21d. (new – SG 64/06; amend. – SG 69/08) The Executive Director of the Agency shall:
1. organise agency activity;
2. propose changes in the national roads;
3. appoint and dismiss Agency’s officers;
4. propose drafts of subordinate normative acts, regulating the engineering, construction and maintenance of the roads;
5. approve technical specifications, technical instructions and methodological documents related to construction, management, exploitation and maintenance of the roads;
6. assign public procurement for engineering, construction, repairing and maintenance of the national roads, as well as applied science research and consultation related to roads administration;
7. sign operational agreements with the administrative authorities of Operational Programme "Transport" and Operational Programme "Regional Development" for performance of projects funded by the Cohesion Fund and the European Regional Development Fund of the European Union;
8. organise drafting of decisions for initiation of procedures for granting concessions, of justification, announcement, documentation for participation and of concession contracts for concessions of national roads;
9. sign concession contracts for national roads and represent the conceding party, including control of performance of the concession contracts;
10. submit to the Council of Ministers an annual activity report of the Agency for approval;
11. decide other questions, which are not of the exclusive competence of the Supervisory Board.
Art. 21e. (new – SG 64/06; amend. – SG 69/08) (1) (amend. – SG 38/12, in force from 01.07.2012) The Agency shall apply the provisions of the Administration Act inasmuch as otherwise is not provided for in this Act.
(2) (amend. – SG 38/12, in force from 01.07.2012) The legal relations of employees with the Agency shall be regulated under the conditions and order of the Civil Servants Act and the Labour Code. As regards to employees in employment relationship, Art. 107a shall apply.
(3) (amend. – SG 38/12, in force from 01.07.2012; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The structure, activity and work organisation of the Agency and its administration shall be regulated in regulations, adopted by the Council of Ministers upon proposal of the Minister of Regional Development and Public Works.
Art. 21f. (new – SG 64/06) (1) (amend. – SG 69/08) Agency’s auxiliary body is the Expert Technical and Economic Council, which shall consider, adopt and propose to the Executive Director for approval developments and projects for construction, repair and maintenance of National roads.
(2) (amend. – SG 69/08) The Expert Technical and Economic Council shall perform functions of a state-public body in the field of roads in cases, specified in an order of the Executive Director of the Agency.
Art. 22. (1) (amend. – SG 64/06; amend. – SG 69/08) The Agency shall carry out its activity through a central administration and the specialised units referred to in Para 2.
(2) (new – SG 38/12, in force from 01.07.2012) The operation of the central administration of the district road managements shall be carried out by civil servants and persons in employment relationship.
(3) (amend. – SG 64/06; amend. – SG 69/08; prev. text of para 2 – SG 38/12, in force from 01.07.2012) The heads of the units under para 1 or officials authorised by them shall represent the Agency in connection with the activity they carry out.
(4) (amend. – SG 64/06; amend. – SG 69/08; prev. text of para 3 – SG 38/12, in force from 01.07.2012) The heads of the units under para 1 or officials authorised by them shall represent the Agency in law suits initiated on legal relations in connection with this activity.
Art. 23. The powers of the mayors on the management of municipal roads shall be determined by an ordinance of the municipal council.
Art. 24. (1) (amend. – SG 64/06; amend. – SG 69/08) Real estates and chattel - state property, entrusted for management by the Agency, can be rented by the executive director of the Agency upon a permission of the Supervisory Board through a tender or a competition under conditions and by an order determined by the Council of Ministers.
(2) Premises and lands within the boundaries of support points can be ceded for using by a special regime by employees of the road departments under conditions and by an order determined by the regulations for implementation of the law.
Art. 25. (1) (amend., SG 88/00) Prohibited in the zone from the axis of the road to the border construction line under art. 6 shall be any construction, improvements or expansion of the existing sites, besides those designated for servicing the travellers, on condition that the road safety is guaranteed and they have been permitted by the order of art. 26.
(2) Prohibited in the range of the road shall be:
1. the fulfilment of any work whatsoever on the roadway before placing the necessary warning and signal signs;
2. the placement and storing of materials which are not necessary for the road or which are a result of household or construction activity in the neighbouring real estates;
3. the movement of chain tractors and machines or cog wheels and iron grabs, tyres with spikes on roads with asphalt cover, except in cases of snow cleaning;
4. the transportation of wet cargo which inundate the roadway;
5. entering the roads with dirty machines and dirtying the roadway, the road facilities and the road requisites with mud and other waste materials;
6. the tugging of trees, straw and the like on the roadway.
7. (new - SG 43/08) the use of the road facilities and road equipment for advertisement in any form.
(3) (new - SG 43/08) Prohibited shall be the construction of roadside objects and road links to them before the entry of the tunnel minimum 300 m before the zone of the warning vertical signalisation over and around the portal of the tunnel.
(4) (new - SG 43/08; revoked – SG 47/12)
(5) (new – SG 47/12; amend. – SG 101/15, in force from 22.12.2015) In service areas of highways and high-speed roads, shall be allowed building and operating of roadside service facilities and road links thereto. The distance in constructing shall be determined in the ordinance in Art. 18, para. 5.
(6) (New – SG 101/15, in force from 22.12.2015) To avoid the risk of falling trees endangering the traffic safety on national roads or people’s life and safety, with decision of the Management Board of the Agency "Road Infrastructure" trees’ removal shall be allowed in areas between the road and the designated construction line. The Executive Forest Agency shall be notified for the decision.
Art. 26. (amend., SG 88/00) (1) (amend., SG 6/04) For activities out of the special usage of roads without permission the following are prohibited:
1. within the range of the road;
a) planting or felling or uprooting of trees and bushes;
b) mowing, grazing and fruit-picking;
c) placing of road signs;
d) placing of memorial slabs and signs;
2. within the range of the road and the service areas:
a) erecting of buildings and facilities as well as their reconstruction;
b) mining of mine and other materials;
c) (amend. – SG 19/11, in force from 09.04.2011) building of road connexions to neighbouring properties including agricultural lands, and forest territories.
(2) (amend., SG 6/04) For activities of the special usage of the roads without permission the following shall be prohibited:
1. within the range of the road and the limiting building line;
a) driving of loads of abnormal weights or dimensions;
b) building of advertising facilities;
c) exploitation of advertising facilities;
d) building of new and reconstruction of existing underground or above-ground line or independent equipment of the technical infrastructure;
e) exploitation of existing underground or above-ground line or independent equipment of the technical infrastructure;
f) temporary use of the road and lands within the range of the road;
2. within the road range and the service areas;
a) building of by-road commercial objects including sites for giving car help and road connexions to them;
b) exploitation of by-road commercial objects including sites for giving car help and road connexions to them;
(3) (amend., SG 6/04, amend. – SG 64/06; amend. – SG 69/08) The permits as per para. 1 and 2 shall be issued by the executive director of the Agency or by a person authorised by him for national roads and by the mayors of the corresponding municipalities for the municipal roads:
1. within 15 days from filing the permit application as per para. 1 unless an additional study is needed but not later than one month;
2. within 30 days from filing the permit application as per para. 2 item 1 letter "d" and item 2 letter "a" unless an additional study is needed but not later than three months the interested party being informed about the prolongation of the term;
3. within 15 days from filing the request for all other cases.
(4) (new – SG 55/11; revoked – SG 101/15, in force from 22.12.2015)
(5) (amend. – SG 64/06; amend. – SG 69/08; prev. par. 4, suppl. – SG 55/11; amend. – SG 101/15, in force from 22.12.2015, amend. - SG 30/16, in force from 15.04.2016) During unforeseen damage to underground or above-ground facilities of the technical infrastructure within range of the road or in the service areas, the owner shall begin repair work after permission from the Management Board of the Agency "Road Infrastructure" - for national roads, or from the mayor of the municipality - for municipal roads, provided that traffic safety is guaranteed.
(6) (amend., SG 6/04, amend. – SG 64/06; amend. – SG 69/08; prev. par. 5, suppl. – SG 55/11; amend. – SG 101/15, in force from 22.12.2015) The Managing Board of the Agency shall coordinate projects - road section for building road connexions - after presenting a written opinion on a project for organising driving by the organs of traffic police with the Ministry of the Interior.
(7) The permits shall be issued under the following conditions:
1. real possibilities shall exist for passing of heavy and/or extra large vehicle;
2. compliance with the requirements of the Road Traffic Act, according to This Act, the by-laws for its implementation and the norms for designing roads;
3. for temporary using of parts of the roadside:
a) This Act and the Road Traffic Act do not prohibit the activity related to the temporary using of parts of the roadside;
b) for temporary crossing of the roads there must be an approved project for the crossing.
4. (new - SG 16/14) a written statement is filed by the owner or operator of the vehicle under item 1 or the person who performs the carriage and it contains information about dimensions, total weight and axle load.
(8) The term of validity of the permits shall be as follows:
1. for transportation of heavy and extra long cargo - 30 days;
2. (amend. – SG 101/15, in force from 22.12.2015) for carrying out construction - two years;
3. for temporary using of parts of the roadside and the other types of special using of the roads - upon decision of the permitting body, complied with the request of the applicant;
4. (new – SG 47/12) upon use of advertising facilities issued in accordance with the terms and the procedure provided for by the ordinance referred to in Art. 18, para 5 - ten years.
(9) (amend. – SG 47/12) The permits shall be withdrawn in those cases where the terms and conditions therein and/or the requirements applicable to the performance of the relevant activities laid down by the ordinance referred to in Art.18, 5ara 5 are not observed.
(10) (amend. - SG 30/06, in force from 12.07.2006) The appeal of the withdrawal of the permits and of the refusals for their issuance shall be under the conditions and by the order of the Administrative procedure code.
(11) The Council of Ministers shall determine by a tariff the size of the fees for issuance of permits under para 1 and 2.
Art. 27. (1) (amend. – SG 64/06; amend. – SG 69/08) The National Agency "Road infrastructure" shall study the traffic intensity and shall control the weight, the axis loading and the overall dimension of the vehicles by locating, at definite places, devices for reading these characteristics.
(2) (amend. – SG 64/06; amend. – SG 69/08; new – SG 82/09, in force from 16.10.2009) At the border check points the weight, axel load and overall dimensions of the vehicles shall be controlled by officials of Agency "Customs" and in case of exceeding of allowable values fees shall be collected.
(3) (amend. – SG 64/06; amend. – SG 69/08) The offices for control of observing the rules for movement on the roads determined by the Minister of Interior shall be obliged to render assistance to the bodies of the National Agency "Road infrastructure" in carrying out check-ups under para 1 and 2.
Art. 28. (revoked, SG 88/00)
Chapter four.
"a" NATIONAL COMPANY "STRATEGIC INFRASTRUCTURE PROJECTS" (NEW – SG 55/11, REVOKED - SG 30/16, IN FORCE FROM 15.04.2016)
Art. 28a. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28b. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28c. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28d. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28e. (new – SG 55/11, amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014, revoked - SG 30/16, in force from 15.04.2016)
Art. 28f. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28g. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Art. 28h. (new – SG 55/2011, revoked - SG 30/16, in force from 15.04.2016)
Art. 28i. (new – SG 55/11, revoked - SG 30/16, in force from 15.04.2016)
Chapter five.
CONSTRUCTION, REPAIR, MAINTENANCE AND SAFETY MANAGEMENT OF THE ROAD INFRASTRUCTURE (TITLE AMEND. – SG 39/11)
Art. 29. (amend. – SG 64/06; amend. – SG 69/08) The Agency and the municipalities shall maintain the republic and municipal roads according to their transport importance, the traffic requirements and the protection of the environment.
Art. 30. (1) (amend. – SG 64/06; amend. – SG 69/08) The Agency shall carry out the activities on the construction, repair and maintenance of the national roads.
(2) (new – SG 55/11; amend. – SG 101/15, in force from 22.12.2015, revoked - SG 30/16, in force from 15.04.2016)
(3) (amend. – SG 64/06; amend. – SG 69/08; prev. par. 2, suppl. – SG 55/11; amend. – SG 16/14; amend. – SG 10/15, in force from 06.02.2015) The Agency and the municipalities shall carry out jointly, by mutual agreement, the activities on the construction, maintenance and repair of the national roads within the populated areas under the conditions and by the order determined by the regulations for implementation of the law.
(4) (prev. par. 3 – SG 55/11) The construction, the repair and the maintenance of the underground facilities, the sidewalks, the bicycle lanes, the parking lots, the pedestrian subways, the lighting and the roadside grass planting along the national roads within the populated areas shall be organised by the respective municipality.
(5) (new - SG 10/15, in force from 06.02.2015) The Agency carries out activities related to repair and winter maintenance of national roads within urban areas for settlements with a population of op to 100 000 persons.
(6) (new - SG 10/15, in force from 06.02.2015) Upon reaching a mutual agreement between the Agency and the municipalities, activities according to para 5 can be carried out jointly in the terms and conditions, determined by the regulation for implementation of the Act.
Art. 31. The construction, the repair and the maintenance of the municipal roads shall be carried out by the municipalities.
Art. 32. The construction, the repair and the maintenance of the private roads shall be carried out by their owners.
Art. 33. The moving of individual roads or their sectors in connection with the construction or reconstruction of new or existing sites shall be for the account of the investor who has initiated it.
Art. 34. The construction, the reconstruction and the repair of the road units and crossroads shall be carried out:
1. on the new road units and crossroads - by resources of the owners of new roads;
2. on the existing road units and crossroads - jointly by the owners of the roads along the main and secondary destination, as the size of the resources for each of them shall be determined by an order established by the regulations for the implementation of the law;
3. for the road connection to the roadside sites for servicing travellers and vehicles - by the owners of these sites
Art. 35. (amend. SG 88/05; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The construction and the maintenance of the railroad levels on the roads shall be carried out by an order determined by an ordinance of the Minister of Regional Development and Public Works and the Minister of Transport.
Art. 36. (amend., SG 88/00; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The designing, construction, the repair and the maintenance of the roads shall be carried out in compliance with the technical norms and requirements approved by the Minister of Regional Development and Public Works.
Art. 36a. (new – SG 69/08; revoked – SG 39/11)
Art. 36b. (new – SG 39/11) (1) The road infrastructure safety management shall include the following obligatory procedures: road safety impact assessments, road safety audits, the management of road network safety and periodical safety inspections assigned or carried out by the Agency.
(2) The procedures related to the road infrastructure safety management shall apply to national roads (highways and first and second class roads) which are part of the trans-European road network on the territory of the Republic of Bulgaria, whether they are at the planning, design stage, under construction or in operation.
(3) The administrations managing the road may also apply the requirements of Para 1 to the national roads, not included in the trans-European road network on the territory of the Republic of Bulgaria, and to the municipal roads
Art. 36c. (new – SG 39/11) The road safety impact assessment of infrastructure projects shall be carried out at the initial planning stage before the road infrastructure investment project is approved or at considerable changes to the existing road network. The road safety impact assessment shall include a strategic comparative analysis of the impact of a new road or of considerable changes to the existing road network on the road network safety.
Art. 36d. (new - 39/11, in force from 01.07.2012) Road safety audits of infrastructure projects shall form an integral part of its investment design process and shall be obligatory for the following stages: before coordination and approval of the investment project - provisional and/or technical/working, at the beginning of the testing operation of the road and at its early operation.
Art. 36e. (new - SG 39/11) (1) The road safety auditors shall meet the following requirements:
1. holding a diploma from an accredited higher education institution with qualification "construction engineer";
2. (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) to have undergone a road safety training according to a programme approved by the Minister of the Regional Development and Public Works and the Minister of Transport, Information Technologies and Communications;
3. holding a professional qualification certificate issued by a higher educational institution accredited under the Higher Education Act and carrying out training in the "construction engineering" speciality based on a completed training under Item 2 and successful exams.
(2) The auditors referred to in Para 1 shall be prohibited to carry out audits of infrastructure projects, where they have participated in their planning, design, construction or operation.
(3) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The road safety auditors shall undergo periodic additional training courses under conditions and order determined in an ordinance of the Minister of Regional Development and Public Works coordinated with the Minister of Transport, Information Technologies and Infrastructure and with the Minister of Interior.
(4) The scope and contents of the road safety impact assessment and of the road safety audit, the conditions and order for carrying them out and for obtaining and recognition of the professional qualification of the road safety auditors shall be determined in the ordinance referred to in Para 3.
Art. 36f. (new - SG 39/11) (1) The road safety auditor shall check the compliance of the design elements of the infrastructure project with the road safety requirements for each stage as referred to in Art. 36d.
(2) Where the inspection at the relevant stage referred to in Para 1 finds that the design elements of the infrastructure project meet the road safety requirements, the auditor shall draw up a report and place his signature on the draft and/or executive documentation.
(3) Where the inspection at the relevant stage referred to in Para 1 finds that the design elements of the infrastructure project fail to meet the road safety requirements, the auditor shall draw up a report indicating the unsafe and/or critical design elements.
(4) The assignor shall be responsible for rectification of the unsafe and/or critical design elements before the end of the relevant stage.
(5) The availability of the prerequisites referred to in Para 2 shall form grounds for approval of the projects and for entry of the construction into operation as set out in the Spatial Development Act.
Art. 36g. (new - SG 39/11) (1) Before signing the audit contract the auditor shall insure his professional liability regarding a certain site for damages caused to participants in the construction and/or to third persons resulting from unlawful acts or omissions at or related to the performance of his duties.
(2) The insurance shall be signed for the term of the audit contract and upon its extension shall be renewed until completion of the audit. The failure to renew the insurance shall serve as a ground for the assignor to suspend all payments due to the auditor or to terminate the audit contract.
(3) The conditions and order for the mandatory insurance of the auditor under Para 1, including the insurance coverage, exempted risks, the minimum insurance amounts and payments shall be determined in an ordinance of the Council of Ministers.
Art. 36h. (new - SG 39/11) (1) The "Road Infrastructure" Agency through its territorial units and the respective road safety control services of the Ministry of Interior shall identify and secure high accident concentration sections annually.
(2) The authorities referred to in Para 1 shall rank the high accident concentration sections and the road infrastructure safety at least every three years on the basis of a three-year analysis of the inspections of the road infrastructure operation.
(3) The conditions, order and criteria for identifying and securing the high accident concentration sections and for ranking the road infrastructure safety shall be determined in the ordinance referred to in Art. 14, Para 2 of the Road Traffic Act. The ordinance shall specify also the requirements to the protocol drawn up by the control services of the Ministry of Interior for each accident that has occurred on the road infrastructure and has caused death.
(4) Road sections of higher priority according to the list resulting from the ranking of the high accident concentration road infrastructure and the ranking of the road network safety shall be assessed by expert teams by on-the-spot inspections, where at least one of the expert team members shall meet the requirements of Art. 36e, Para 1 and 2.
Art. 36i. (new - SG 39/11) (1) The "Road Infrastructure" Agency through its regional road administrations shall carry out periodic inspections of the roads in operation in order to identify the characteristics related to the road safety and prevent accidents, as well as to research the possible impact of repair works on the road on the traffic flow safety. The inspections shall be carried out at least twice per year in order to ensure sufficient safety levels of the particular road infrastructure.
(2) The conditions and order for ensuring road safety organisation during construction and mounting works on the road infrastructure, the type and manner of placing road marking, road signs, road traffic lights and other signalisation means shall be determined in the ordinance referred to in Art. 3, Para 3 of the Road Traffic Act.
(3) The conditions and order for using the road traffic lights, the road signs, the road marking and the other signalisation means for the public road traffic organisation shall be determined in the ordinance referred to in Art. 14, Para 1 of the Road Traffic Act.
(4) The control of the activities referred to in Para 2 shall be carried out by authorised officials of the control services of the Ministry of Interior and the "Road Infrastructure" Agency.
Chapter six.
EXPROPRIATION AND TEMPORARY USING OF REAL ESTATES FOR ROADS
Art. 37. (1) The real estates - property of individuals or corporate bodies, necessary for construction and reconstruction of the national roads shall be expropriated under the conditions and by the order of the State Property Act, and for the municipal roads - under the conditions and by the order of the Municipal Property Act.
(2) (amend. – SG 19/11, in force from 09.04.2011) The purpose of the farm lands necessary for construction and reconstruction of roads shall be changed by the order of the Protection of Farm Lands Act, and for forest territories - by the order of the Forestry Act.
(3) (amend., SG 6/04) Real estates within the urbanised territories shall be expropriated under conditions and by an order determined by law.
Art. 38. (1) Lands outside the borders of populated areas - property of individuals or corporate bodies can be used be used temporarily for needs related to the construction, the repair and the maintenance of the national and municipal roads under the conditions and by the order of the Obligations and Contracts Act.
(2) The temporary using of lands under para 1, which are farm lands, shall be settled under the conditions and by the order of the Protection of Farm Lands Act and the regulations for its implementation.
(3) (amend. – SG 19/11, in force from 09.04.2011) The temporary using of forest territories under para 1 shall be settled under the conditions and by the order of the Forestry Act.
(4) For the temporary using of lands under para 1 the owner shall conclude contract with:
1. (amend. – SG 64/06; amend. – SG 69/08; suppl. – SG 55/11, amend. - SG 30/16, in force from 15.04.2016) the executive director of the Agency or an official from the agency – for the national roads;
2. the mayor of the respective municipality - for the municipal roads.
(5) The contract under para 4 shall determine the conditions and the term of using the land, the size of the rent and the due compensation, if so stipulated.
(6) The temporary using of lands under para 1 shall be admitted for a period of 5 years, upon which the lands restored according to their purpose shall be returned to the owner.
Art. 39. (1) During natural calamities and accidents when the traffic on the roads is disrupted and its restoration requires the construction of a detour road the lands for temporary using can be taken possession of before the start of the procedure under art. 38.
(2) (amend. – SG 64/06) The temporary taking possession of lands in the cases under para 1 shall be carried out on the basis of an order of the executive director of the Agency - for the national roads and of the mayor of the municipality - for the municipal roads, owing compensation to the owners.
Art. 40. (1) The pecuniary compensations for expropriated or temporarily used lands shall be paid by the respective investor - for construction of a new road, or by the owner of the road - for reconstruction or repair of an existing road.
(2) (amend. – SG 64/06; amend. – SG 69/08; suppl. – SG 55/11, amend. - SG 30/16, in force from 15.04.2016) The compensations for the expropriated for the needs of the national roads real estates within populated areas under art. 37, para 1 shall be paid jointly by the Agency and the municipalities in the part regarding the roadway. The compensations for the part outside the roadway shall be paid by the respective municipality.
(3) (amend. – SG 19/11, in force from 09.04.2011) Compensations shall not be due for expropriation or temporary using of land - property of the state, for the needs of the national roads, with exception of forests and lands of the forest territories owned by the state, and of lands - municipal property, for the needs of municipal roads.
Art. 41. The owners or the tenants of real estates located lower than the land road shall be obliged to provide normal functioning of the water leading facilities.
Art. 42. On lands adjacent to road sectors of intensive snow drifting can be located temporarily snow brake fences and facilities by the order of art. 38.
Chapter seven.
FINANCING
Art. 43. (1) The construction, the reconstruction, the repair and the maintenance of the republic and municipal roads shall be financed by resources of the state budget, of the budget of the municipalities, by gratuitously submitted resources and by loans of international financial institutions.
(2) The budget resources for financing the activities under para 1 shall be determined by the Act on the state budget for the respective year.
Art. 44. (amend. – SG 64/06) (1) (amend. – SG 69/08) The sources of financing of the Agency are:
1. subsidies from the state budget and transfers, estimated on a yearly basis in the Act on the State Budget of the Republic of Bulgaria for the respective year;
2. fees under art. 10 and art. 18, para 3, item 1;
3. interest;
4. donations, aid and other drawn-in resources from local and foreign individuals and corporate bodies.
5. other funds, set in a law or in an Act of the Council of Ministers.
(2) (amend. – SG 69/08) The amounts under Para 1 shall be spent for:
1. construction of a new road infrastructure;
2. operation, maintenance, repair and reconstruction of national roads;
3. (amend. – SG 69/08) administrative, business and other expenses, related to the Agency activity.
Art. 44a. (Revoked – SG 64/06)
Art. 44b. (new, SG 6/04) (1) (amend. – SG 69/08; amend. – SG 101/15, in force from 22.12.2015) The revenues from charges as per this Act shall enter revenues of the Agency budget.
(2) (revoked – SG 108/06, in force from 01.01.2007)
(3) (new – SG 64/06; revoked – SG 101/15, in force from 22.12.2015)
Art. 44c. (new, SG 6/04; revoked – SG 101/15, in force from 22.12.2015)
Art. 44d. (new, SG 6/04; amend. – SG 64/06; revoked – SG 108/06, in force from 01.01.2007)
Art. 44e. (new, SG 6/04, amend. SG 88/05, revoked – SG 64/06)
Art. 44f. (new, SG 6/04; revoked – SG 64/06)
Art. 44g. (new, SG 6/04, revoked – SG 64/06)
Art. 44h. (new, SG 6/04, revoked – SG 64/06)
Art. 45. (revoked, SG 112/03)
Art. 46. (revoked, SG 112/03)
Art. 47. (revoked, SG 112/03)
Art. 48. (revoked, SG 112/03)
Art. 49. (amend. – SG 64/06; amend. – SG 69/08) Financed by the budget of the Agency shall be expenses in compliance with the following priorities:
1. payment of Bulgarian share holding for financing programmes pursuant to concluded international contracts party to which is the Republic of Bulgaria;
2. payment of the principal, interest and fees on loans granted by international financial institutions under item 1;
3. (amend. – 64/06; amend. – SG 69/08) acquittal of principal, interest and fees on internal loans received by the Agency;
4. (amend. – SG 69/08) construction, repair and maintenance of the national roads, including the locations of crossing the railroad network;
5. construction, repair and maintenance of the municipal roads;
6. research, design and scientific development under item 4 and 5;
7. national and municipal programmes for improvement of the road safety on the republic and municipal roads.
Art. 50. (1) (amend., SG 14/04; amend. – SG 64/06; amend. – SG 69/08) The Minister of Regional Development and Public Works shall coordinate with the Executive Director of the Agency the objective funding of municipalities with the resources under art. 49, item 5.
(2) (amend. - SG 39/11) The construction, the repair and the maintenance of the municipal roads shall be funded by own budget resources, specific purpose subsidies of the central budget and by other resources.
(3) (new - SG 39/11) The municipalities shall fund programmes for improving the municipal road road safety.
Art. 51. The private roads shall be financed by resources of their owners.
Chapter eight.
ADMINISTRATIVE PENAL PROVISIONS
Art. 52. (1) (amend. - SG 43/08) Fined with 200 to 500 levs shall be the individuals who carry out or order the following activities within the range of the road:
1. cutting and uprooting of trees and bushes, grass mowing and fruit picking without permit of the administration managing the road;
2. cattle grazing and setting vegetation on fire;
3. movement of machines not cleaned from mud;
4. transportation of wet cargo moistening the roadway;
5. transportation of bulk cargo by vehicles, allowing their scattering;
6. placing and storing materials not related to the exploitation of the road;
7. tugging trees and other objects;
8. movement of chain vehicles, except for snow cleaning.
(2) (amend. - SG 43/08) For repeated violation under para 1 the fine shall be from 500 to 1000 levs.
Art. 53. (1) (amend. - SG 43/08; amend. - SG 39/11; amend. – SG 55/11) Fined with 1000 to 5000 levs, if the deed does not constitute a crime, shall be individuals who violate the provisions of art. 25, 26, Para 1, Item 1, Letters "c" and "d", Item 2, Para 2 and Para 5 and Art. 41 or who carry out or order the following activities:
1. inflicting damages or destruction of the roads, the road facilities and requisites of the road;
2. movement of extra large and heavy vehicles and cargo without permit of the owner or the administration managing the road;
3. scattering harmful substances dangerous for the people and for the environment;
4. carrying out, within the range of the road,:
a) activities threatening the road safety or using the roads for other purposes;
b) activities causing interruption, detour or stopping of the traffic;
5. carrying out, within the range of the road and the servicing zones, without permit of the administration managing the road:
a) (amend., SG 6/04; amend. - SG 39/11) construction and repair works on the roads;
b) laying on new and repair of existing telegraph, telephone, electric, rope and other lines, cables, product pipes, irrigation and other canals;
c) (revoked - SG 39/11)
d) (revoked - SG 39/11)
6. opening quarries at a distance less than 300 m from the axis of the road and not less than 1000 m from bridges, without the permit of the administration managing the road.
(2) (amend. - SG 43/08; amend. - SG 39/11) For repeated violation under para 1 the fine shall be from 2000 to 7000 levs.
(3) For violation under para 1, item 4 and 5 the administration managing the roads shall inform in writing the regional directorate of national construction supervision requesting the immediate stopping of the construction works under conditions and by an order determined by a law.
Art. 54. (1) (amend. - SG 43/08; amend. - SG 39/11) At offences according to art. 52 to corporate bodies and the individuals shall be imposed proprietary sanction from 1000 to 5000 levs, and offences under Art. 53 - in amount from BGN 3000 to 8000.
(2) (amend. - SG 43/08; amend. - SG 39/11) For repeated offence according to Art. 52 the proprietary sanction shall be in amount from 2000 to 7000 levs, and under Art. 53 - in amount from BGN 4000 to 12 000.
(3) The employer shall be jointly responsible with the employee for the damages caused by them.
Art. 55. (amend., SG 6/04; amend. - SG 43/08; amend. – SG 12/09, in force from 01.05.2009, suppl. - SG 11/17, in force from 31.01.2017) The non-deposited charges or those deposited not in full as per art. 10 and art. 18, with the exception of vignette charges and fees under Art. 10, para. 2, shall be collected by the local divisions of the National Revenue Agency together with the interests as per the Act on Interests on Taxes, Fees and Other Similar Collections and by the order of the Tax-Insurance Procedure Code.
Art. 55a. (new – SG 16/14) (1) A person who fails to state or states false data or circumstances in the declaration under Art. 26, para. 7, item 4 shall be punishable by a fine or a property sanction ranging from BGN 1000 to 3000, unless subject to a more severe punishment.
(2) In case of repeated violation under para. 1, the fine or penalty shall amount from BGN 2000 to 6000.
Art. 56. (1) The establishing of offences, the issuance, the appeal and the fulfilment of the penalty decrees shall be carried out by the order of the Administrative Violations and Penalties Act.
(2) The offences shall be established by acts issued by:
1. (suppl. – SG 69/08; amend. – SG 82/09, in force from 16.10.2009) the officials from the Agency :Road Infrastructure" and from Agency "Customs" - for offences on the national roads;
2. the officials appointed by the mayor of the municipality - for the offences on the municipal roads and upon request of the owner - for the private roads.
(3) The penalty decrees shall be issued:
1. (amend. – SG 64/06; amend. – SG 69/08) for the national roads - by the executive director of the Agency or by an official authorised by him;
2. for the municipal and private roads - by the mayor of the respective municipality or by an official authorised by him.
(4) When the deed bears signs of crime the file shall be sent to the prosecutor for instituting proceedings.
Art. 57. (1) For offence under art. 52, para 1 and under art. 53, para 1, besides the sanctions, the offender shall be obliged to remove the consequences from the offence within a definite period.
(2) (amend. – SG 59/07, in force from 01.03.2008) For failure to fulfil the requirements under para 1 the consequences shall be removed by the administration managing the roads for the account of the offender. For its receivables from the offender the administration may require issuing an order for immediate execution pursuant to the provisions of Art. 418 of the Civil Procedure Code on the grounds of an excerpt of its accounting records books.
(3) (new - SG 43/08) The value of the work carried out for elimination of the consequences of the infringement shall be established with accountancy documents and/or records of accounting papers.
(4) (new, SG 6/04; prev. text of Para 03 - SG 43/08) In carrying-out of activities set by This Act as special usage of roads without the road owner’s permission or the administration-managing-the road’s as well as in case of non-payment of the due fees the following penalties shall be imposed:
1. (suppl. - SG 43/08) in the case of construction work without permit simultaneously with applying para. 1 and 2 and art. 56 the owner or the administration managing the road with the assistance of the authorities of the Ministry of Interior shall block the access to the site or shall dismount the built advertising or other facility within the range of the road and the limiting construction line;
2. (amend. - SG 43/08) in the cases of building carried out without permit the administration managing the roads shall stop the access to the site or disassemble the facility;
3. (amend. and suppl. - SG 43/08) in the case of delaying the payment of the due annual fees as per art. 18 para 3 and the continuation of permitted special usage of the road the administration managing the roads shall withdraw the issued permit and, at the expense of the offender, shall cut off the access to the site or dismount the respective advertising or other facility;
4. (amend. – SG 64/06; amend. - SG 43/08; amend. – SG 69/08) the dismounted advertising and other facilities shall be stored in the regional road offices and if within one month from the dismounting they have not been looked for or the relations by the order of This Act have not been settled they shall become the possession of the Agency.
(5) (new - SG 43/08) The advertisement and other facilities disassembled and stored in the regional road administrations, if searched for within the term under Para 4, Item 4 shall be returned to the interested person after payment of the expenses for disassembling and storage and after payment of the specified sanction.
Art. 58. (revoked, SG 112/03)
Additional provisions
§ 1. In the context of This Act:
1. "Road" is the strip of ground surface which is specially adjusted for movement of vehicles and pedestrians and meets definite technical requirements.
2. "Ground bed" is a part of the surface within the range of the road located on which are: the roadway(s); the separation strips, the benches, the sidewalks, the separation and directing isles; the green areas; the roadside draining and protecting drenches; the slopes, and the other constructive elements of the road.
3. "Road facilities" are: the culverts, the bridges, viaducts, trestles, overpasses, underpasses, tunnels, support and decorative walls, fortifying and water outlet facilities and treatment stations.
4. (amend., SG 6/04) "Road facilities" are: the bases for maintenance of national roads; road signs; road marking; traffic lights; autonomous telephone stands; by-road plantings; emergency sites, by-road fountain and sites for short-term rest; energy supply and light equipment together with their adjoining land; protection fences; direction columns; snow-protection equipment;; protection fences and other technical means for organisation and regulation of traffic.
5. (amend., SG 88/00) "Boundary construction line" is the line determining the area on each side of the road, introducing a permit regime.
6. "Service zone" is the ground surface on the side of the end of the road range for using the real estates by their owners or by the persons possessing right of using.
7. "Public using of the roads" is the usual using of the roads for transportation of passengers and cargo by the generally acknowledged vehicles or for pedestrian walking.
8. (amend., SG 6/04) " Special use of roads" is the use of roads for transporting loads of abnormal weights or dimensions or for carrying-out of other activities within the range of the road and the service areas such as: building and exploitation of by-road objects and road connexions to them as well as of road assistance and of road connexions to them; building and exploitation of advertising devices; building of new and repair of existing underground and above-ground line and independent equipment and their exploitation within the range of the road; temporary use of parts of the road lane and land within the range of the road by other persons.
9. "Roadside service complexes" are all ground surfaces, in the vicinity of the road, together with the buildings and facilities for servicing the travellers and vehicles located on them, as well as plots for recreation, camping sites, motels, gas stations, public catering establishments, shops, stations for technical services for vehicles and stations for vehicles in distress on the road.
10. "Support station for maintenance" is an adherent terrain out of the range of the road, used by the administrations of the road departments in fulfilment of the activities related to the maintenance of the national roads.
11. "Construction of the roads" is an activity related to the creation of new material assets, including the study, design and construction of new or reconstruction of existing roads.
12. "Reconstruction of roads" is an activity on the expansion and modernisation of the existing material assets, including the entire reconstruction of the roads and of the road facilities, retaining the basic direction of the existing track.
13. "Repair of the roads" is an activity on the restoration or improvement of the transport and exploitation qualities of the roads and their bringing in compliance with the requirements of the traffic.
14. "Maintenance of the roads" is an activity on providing the necessary conditions for a uninterrupted, safe and comfortable traffic through the year, protection of the roads against early wearing, guarding and protection of the roads, keeping technical account of the roads.
15. "Road activity" includes the construction, the repair and the maintenance of the roads, as well as the activities on the creation and the updating of the normative basis, the fee policy and the scientific servicing of the roads.
16. "Repeated" is the offence when it has been committed within one year from the enactment of the penalty decree by which the offender has been punished for an offence of the same kind.
17. (new, SG 88/00) "Stabilised banquette" is a banquette with a cover not allowing grass growing.
18. (new - SG 43/88) "concession toll" means a toll levied by a concessionaire under a concession contract
19. (new - SG 43/88) "vehicle of the ‘EURO 0’, ‘EURO I’, ‘EURO II’, ‘EURO III’, ‘EURO IV’, ‘EURO V’, ‘EEV’ category" means a vehicle that complies with the emission limits set out in Annex 2;
20. (new - SG 43/88) "trans-European road network" means the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network, supplemented by Regulation No 1791/2006 of the Council.
21. (new - SG 39/11) "infrastructure project" means a project for the construction of new road infrastructure or a substantial modification (reconstruction, thorough repair/rehabilitation) to the existing network which affects the traffic flow.
22. (new - SG 39/11) "road safety impact assessment" means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network;
23. (new - SG 39/11) "road safety audit" means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation;
24. (new - SG 39/11) "testing operation" means the required technological time of up to one moth before entry of the road into operation in order to check the design characteristics.
25. (new - SG 39/11) "early operation" means the required technological time of up to one moth after entry of the road into operation in order to check the design characteristics under operation conditions.
26. (new - SG 39/11) "ranking of high accident concentration sections" means a method to identify, analyse and rank sections of the road network which have been in operation for more than three years and upon which a large number of fatal accidents in proportion to the traffic flow have occurred;
27. (new - SG 39/11) "road infrastructure safety ranking" means a method for identifying, analysing and classifying parts of the existing road network by purposed investments in the road sections with highest accident concentration and/or with highest benefit/costs ratio (with highest potential) to reduce the accidents;
28. (new - SG 39/11) "safety inspection" means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety;
29. (new - SG 39/11) "road safety" means the entirety of design and operation characteristics of the national road infrastructure ensuring safety of all participants in the traffic.
30. (new - SG 39/11) "persons or families raising children with permanent disabilities up to 18 years of age and before graduating form their secondary education, but not later than 20 years of age" means:
a) a parent/parents (foster parent/parents);
b) a family of relatives or close friends or an adoptive family that accommodates children as set out in Art. 26 of the Child Protection Act;
c) a fiduciary or trustee in the cases where both of the parents are unknown, deceased or deprived of parental rights.
§ 2. (revoked, SG 112/03)
Transitional and concluding provisions
§ 3. This Act revokes the Act on Roads (prom., SG No 93 of 1969; amend., No 37 of 1978, No 35 of 1996, No 87 of 1997, No 33 and 147 of 1998 and No 61 of 1999).
§ 4. In § 7, item 4 of the transitional and concluding provisions of the Local Government and Local Administration Act (prom., SG, No 77 of 1991; amend., No 24, 49 and 65 of 1995, No 90 of 1996, No 122 of 1997, No 33, 130 and 154 of 1998 and No 67 of 1999) the words "the local" are replaced by "the municipal".
§ 5. In art. 2, para 1, item 5 of the Municipal Property Act (prom., SG No 44 of 1996; amend., No 104 of 1996, No 55 of 1997, No 22 and 93 of 1998 and No 23, 56, 64, 67, 69 and 96 of 1999) the words "the local" are replaced by "the municipal".
§ 6. Closed down is Fund "National road network" established by the Act on the fees for the liquid fuel" and for the National Fund for Protection of the Environment. The available resources shall be transferred from Fund "National road network" to the budget of the Executive Agency "Roads".
§ 7. The following amendments are introduced to the Act on the fees for the liquid fuel for Fund "National road network" and for the National Fund for Protection of the Environment (prom., SG, No 16 of 1996; amend., No 104 of 1996, No 51 and 87 of 1997, No 147 of 1998 and No 26 and 61 of 1999):
1. The title is changed to "Act on the fees for the liquid fuel for the National Fund for Protection of the Environment".
2. The following amendments are introduced to art. 1:
a) para 1 is revoked;
b) para 3 is amended as follows:
"(3) Thirty percent of the fees collected according to this Act in the National Fund for Protection of the Environment shall be spent for the mountain regions, expediently, for financing ecological projects.";
c) para 4, 4a and 6 are revoked.
3. Art. 3 and 4 are amended as follows:
"Art. 3. The producers and importers of liquid fuel shall charge fees which shall be deposited in the National Fund for Protection of the Environment on:
1. the unleaded gasoline - amounting to 24 levs per ton;
2. the diesel fuel - amounting to 14 levs per ton;
3. fuel oil and black oil with over 1 percent of sulphur - amounting to 22 levs per ton;
4. the lead gasoline as follows:
a) gasoline A-91 - amounting to 37 levs per ton;
b) gasoline A-98 - amounting to 48 levs per ton;
5. the industrial gas oil - amounting to 13 levs per ton.
Art. 4. (1) The producers of gasoline, diesel fuel, industrial gas oil, fuel oil and black oil with over 1 percent of sulphur shall charge the fees under This Act for the quantities realised by them in the country.
(2) The importers of liquid fuel under para 1 shall deposit in the National Fund for Protection of the Environment or shall secure the fees under This Act before their customs registration.
(3) The customs bodies shall exercise the control under para 2.
(4) The producers of liquid fuel shall carry out deliveries only upon payment by the buyers of the fees to the accounts of the National Fund for Protection of the Environment.
(5) The buyers of liquid fuel under para 1 shall deposit, prior to the delivery, the due fees to the accounts of the National Fund for Protection of the Environment."
4. Art. 7 and 8 are amended as follows:
"Art. 7. (1) The act for establishment of the administrative offences shall be issued by officials appointed by the Minister of Environment and Waters.
(2) The penalty decree shall be issued by the Minister of Environment and Waters or by an official authorised by him.
(3) The issuance of the acts, the issuance, the appeal and the fulfilment of the penalty decrees shall be carried out by the order of the Administrative Violations and Penalties Act.
Art. 8. The collected fees and proprietary sanctions according to art. 6, para 2 shall be deposited in the National Fund for Protection of the Environment."
5. Paragraph 3 of the transitional and concluding provisions is amended as follows:
"§ 3. The Council of Ministers shall adopt ordinance for the raising, spending and management of the resources of the National Fund for Protection of the Environment."
§ 8. In the State Property Act (prom., SG, No 44 of 1996; amend., No 104 of 1996, No 55, 61 and 117 of 1997, No 93 and 124 of 1998, No 67 of 1999, No 9 and 12 of 2000) in art. 34, para 1 is amended as follows:
"(1) The interested establishment shall extend a motivated proposal to the Minister of Finance and to the Minister of Regional Development and Public Works for expropriation of the real estate. The regional governor at the location of the real estate shall give opinion, within 14 days, on the justification of the request."
§ 9. The following amendments and supplements are introduced to the Protection of Farm Lands Act (prom., SG, No 35 of 1996; amend., No 14 of 2000):
1. Para 6 is created in art. 20:
"(6) For construction of new roads the procedure for determining a track and for change of the purpose of the agricultural lands can begin upon issuance of a positive decision on EIA taken on the grounds of a preliminary report for EIA."
2. Para 4 is created in art. 24:
"(4) For construction of new national roads, in the presence of an approved general construction plan or parcel plan the proposal for change of the purpose of agricultural lands can be presented simultaneously with the proposal for approval of the final track under art. 19."
§ 10. The following supplements are introduced to the Environment Protection Act (prom., SG, No 86 of 1991; corr., No 90 of 1991; amend. and suppl., No 100 of 1992, No 31 and 63 of 1995, No 13, 85 and 96 of 1997, No 62 of 1998, No 12 and 67 of 1999):
1. In the appendix to art. 20, para 1, item 1 "Projects subject to environmental impact assessment (EIA) according to chapter four":
a) in item 26.1 after the words "Construction of" is added "new";
b) in item 26. 2 after the words "Construction of" is added "new".
2. Para 3 is created in art. 23a:
"(3) For construction of roads the competent body shall organise discussion on only the results from the preliminary report for environmental impact assessment."
§ 11. (amend. – SG 64/06; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14, in force from 28.11.2014) The implementation of the Act is assigned to the Minister of Finance, the Minister of Transport and the Minister of Regional Development and Public Works.
§ 12. The Council of Ministers shall adopt regulation and ordinances for the implementation of the Act within 6 months from its enactment.
The Act was adopted by the 38th National Assembly on March 2000 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly:
Yordan Sokolov
Additional provisions
(SG 9/03)
§ 3. The Act under art. 10, para 4, as well as the respective changes in the Local Taxes and Fees Act and the Road Traffic Act shall be adopted by September 30, 2003.
§ 4. Within three years from the introduction of the fee under art. 10, para 3 the size of the fee for the motor vehicles registered in the countries - members of the European Union and in the Republic of Bulgaria shall be equalised.
§ 5. The Act shall enter into force on the day of its promulgation in the State Gazette with exception of para 3 and 4 of art. 10 which shall enter into force on January 1, 2004.
Transitional and concluding provisions
(SG 6/04, amend. – SG 64/06; suppl. – SG 105/06)
§ 15. From April 1, 2004, for driving on national roads or road sections by transport vehicles as per art. 10a, para. 7, item 1 with Bulgarian or foreign registration only the charges as per art. 10 para. 2-5 can be collected, with the exception of the charges for using road facilities.
§ 16. From April 1, 2004, for driving on national roads or road sections by transport vehicles as per art. 10a para. 7, item 2 with Bulgarian or foreign registration only the charges as per art. 10 para. 2-5 can be collected with the exception of the charges for using road facilities.
§ 17. From January 1, 2005 for driving on national roads or road sections of transport vehicles as per art. 10a, para. 7, item 3 with Bulgarian or foreign registration only the charges as per art. 10 para. 2-5 can be collected with the exception of the charges for using road facilities
§ 18. Vignette charges shall be paid for all transport vehicles cited in This Act with Bulgarian or with foreign registration as follows:
1. From April 1, 2004 a vignette charge (annual, monthly, weekly) shall be introduced for all transport vehicles as per art. 10a para. 7, item 1 and 2.
2. From January 1, 2005 a vignette charge (annual, monthly weekly) shall be introduced for all transport vehicles as per art. 10a para. 7 item 3.
3. (suppl. – SG 105/06) From January 1, 2007 a daily vignette charge shall also be introduced for all transport vehicles as per art. 10a, para. 7, items 1 and 2.
§ 19. By January 1, 2005, instead of the vignettes envisaged in This Act substitute certifying documents on paper issued by Executive Agency "Roads" by an order set by the ordinance as per art. 10 para. 7.
§ 20. (amend. – SG 64/06) By January 1, 2007 the control on meeting the obligation for driving the transport vehicles with foreign registration on national roads after paying vignette charge shall be implemented only at the border control checkpoints by the specialised units of Fund "Road infrastructure of the Republic".
§ 21. The road facilities under art. 10, para 4 are those which have been constructed and commissioned after January 1, 2004.
§ 22. The provision of art. 10, para 4 of § 2 shall not apply for Danube bridge Rousse-Gyurgyu.
§ 23. The Council of Ministers, at a proposal of the Minister of Finance shall introduce the changes to the budget of the Ministry of Regional Development and Public Works and the budget relations of the central budget with the budgets of the municipalities for 2004, ensuing from the amendments of This Act.
Transitional and concluding provisions
TO THE ADMINISTRATIVE PROCEDURE CODE
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State Gazette.
Transitional and concluding provisions
TO THE CONCESSIONS ACT
(PROM. - SG 36/06, IN FORCE FROM 01.07.2006)
§ 23. The Act shall enter into force from the 1st of July 2006, except for art. 42, para 3 and art. 58, para 4, which shall enter into force from the date of accession of the Republic of Bulgaria to the European Union.
Transitional and concluding provisions
TO THE ACT AMENDING THE ROAD TRAFFIC ACT
(PROM. - SG 64/06)
§ 30. Subject to closing is the Fund "Road infrastructure of the Republic" – second degree administrator of budget credits with the Minister of Regional Development and Public Works. The available funds of the closed Fund "Road infrastructure of the Republic" shall be transferred to the budget of the Fund "Road infrastructure of the Republic", established with This Act.
§ 31. (1) The Fund "Road infrastructure of the Republic" is the assign of the assets, liabilities, rights and obligations of the reformed Executive Agency "Roads" under the balance sheet and the financial statement as of the date of entering of This Act into force.
(2) Labour law relations with employees in the transformed Executive Agency "Roads" shall be regulated under the conditions and following the procedure of Art. 123 of the Labour Code.
(3) Subordinate law relations with the employees in the transformed Executive Agency "Roads" shall be transformed into labour ones within 14 days after entering into force of This Act. The acquired by them ranks and unused leaves shall be kept.
(4) The transformation of subordinate law relation into labour one shall be done on the grounds of a written application, submitted within three days after acceptance of a notification, that the employee has been appointed at a position, determined to be occupied under labour law relation according to an approved jobs schedule.
Transitional and concluding provisions
TO THE LAW OF THE STATE BUDGET OF THE REPUBLIC OF BULGARIA FOR THE YEAR 2007
(PROM. – SG 108/06, IN FORCE FROM 01.01.2007)
§ 106. The law shall enter in force from the 1st of January 2007, except for § 103 and 104, which shall enter in force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE CIVIL PROCEDURE CODE
(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)
§ 61. This code shall enter into force from 1 March 2008, except for:
1. Part Seven "Special Rules Related to Proceedings on Civil Cases Subject to Application of European Union Legislation"
2. Paragraph 2, Para 4;
3. Paragraph 3 related to revocation of Chapter Thirty Two "a" "Special Rules for Recognition and Admission of Enforcement of Decisions of Foreign Courts and of Other Foreign Authorities" with Art. 307a – 307e and Part Seven "Proceedings for Returning a Child or Exercising the Right of Personal Relations" with Art. 502 – 507;
4. Paragraph 4, Para 2;
5. Paragraph 24;
6. Paragraph 60,
which shall enter into force three days after the promulgation of the Code in the State Gazette.
Additional provisions
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE LAW ON THE ROADS
(PROM. - SG 43/08)
§ 16. This Act shall implement the requirements of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, amended by Directive 2006/38/EC of the European Parliament and of the Council.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 43/08)
§ 17. The Council of Ministers shall determine the fees under Art. 10a, Para 10 for transport vehicles under Art. 10a, Para 7, Items 1 and 2, compliant with ecological category "EURO III", "EURO IV", "EURO V", "EEV" and higher, but not later than 2010.
.........................................................................................................................................
§ 22. Paragraph 4 regarding Art. 10c shall enter into force from 1 January 2009.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 69/08)
§ 32. The Fund "National road Infrastructure", secondary administrator of budget credits at the Minister of Finance shall be closed. The available funds of the closed Fund "National road Infrastructure" shall be transferred to the budget of National Agency "Road Infrastructure", created under This Act.
§ 33. (1) National Agency "Road Infrastructure" shall be a successor of the assets, debts, rights and obligations of the Fund "National road Infrastructure" closed under This Act according to the balance and account at the date of entry into force of This Act.
(2) The employment relations with the employees of the closed Fund "National road Infrastructure" shall be arranged under the order of Art. 123 of the Labour Code.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF TAX INSURANCE PROCEDURE
(PROM. - SG 12/09, IN FORCE FROM 01.05.2009; SUPPL. SG 32/09)
§ 68. (suppl. – SG 32/09) The Act shall enter into force from 1 May 2009, except for § 65, 66 and 67, which shall enter into force from the date of promulgation of the Act in the State Gazette, and § 2 – 10, § 12, item 1 and 2 with reference to par. 3, § 13 – 22, § 24 – 35, § 36, par. 1 – 4, § 37 – 51, § 52, item 1 – 3, item 4, item "a", item 7, item "f"- with reference to par. 10 and 11, item 8, item "a", item 9 and 12 and § 53 – 64, which shall enter into force from 1 January 2010.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE HEALTH ACT
(PROM. - SG 41/09, IN FORCE FROM 02.06.2009)
§ 96. The Act shall enter into force from the day of its promulgation in the State Gazette, except for:
1. paragraphs 3, 5, 6 and 9, which shall enter into force from 1 January 2009;
2. paragraphs 26, 36, 38, 39, 40, 41, 42, 43, 44, 65, 66, 69, 70, 73, 77, 78, 79, 80, 81, 82, 83, 88, 89 and 90, which shall enter into force from 1 July 2009;
3. paragraph 21, which shall enter into force from 1 June 2010.
Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE REGIONAL DEVELOPMENT ACT
(PROM. - SG 82/09, IN FORCE FROM 16.10.2009)
§ 4. The Act shall enter into force from the day of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT
(PROM. – SG 93/09, IN FORCE FROM 25.12.2009)
§ 100. This Act shall enter into force one month after its promulgation in the State Gazette except § 1, 2, 21, 36, 39, 41, 44, 45, 50, 51, 53, 55, 56, 57, 59, 62, 63, 64, 65, 70 and 91, which shall enter into force from the day of its promulgation.
Transitional provisions
TO THE FORESTRY ACT
(PROM. - SG 19/11, IN FORCE FROM 09.04.2011)
§ 42. This Act shall enter into force one month after its promulgation in the State Gazette, except for:
1. paragraph 3, § 9, Para 9 – 11 and § 16, Item 41, which shall enter into force from the day of promulgation of the Act in the State Gazette.
2. Art. 14, Para 1, Item 2, Art. 115, Para 1, Item 2, Art. 116, Para 2, Art. 183, Para 2, Item 3 and Art. 249, Para 5, Item 3, which shall enter into force from 1 January 2016.
Additional provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 39/11)
§ 16. This Act shall implement the requirements of Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319/59 of 29 November 2008).
§ 17. The requirements and procedures under This Act related to safety management of the road infrastructure shall not apply to tunnels upon the national roads which are part of the trans-European road network on the territory of the Republic of Bulgaria, specified in Ordinance No 1 on the Minimum Safety Requirements in Tunnels upon the National roads Coinciding with the Trans-European Road Network on the Territory of the Republic of Bulgaria (prom. - SG 34/07; amend. - SG 58/07 and SG 102/08).
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 39/11)
§ 18. The provision of § 11 regarding art. 36d shall enter into force from 1 July 2012.
§ 19. The ordinance referred to in Art. 36e, Para 3 shall be adopted within three months from entry into force of This Act.
§ 20. The ordinance referred to in Art. 36g, Para 3 shall be adopted within 6 months from entry into force of This Act.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 55/11; AMEND. – SG 101/15, IN FORCE FROM 22.12.2015)
§ 11. (1) The head of the Managing board of Operational program "Transport" and the Managing Director of National company "Strategic Infrastructure Projects" shall sign an operative agreement for the implementation of projects financed from the Operational program "Transport", Cohesion fund and the European fund of regional development of the European Union after inclusion of the company as a beneficiary under the Operational program "Transport".
(2) The rights and obligations of Agency "Road infrastructure" for preparation and construction of "Struma" highway, of the pending part of "Hemus" highway in the part from the town of Yablanitsa to the crossing northern than Shumen with the road I-7 "Romanian border – o.p. Silistra – o.p. Shumen – Varbitsa – o.p. Yambol – Lesovo – Turkish border" and of "Cherno more" highway shall be transferred to Agency "Road infrastructure" of National company "Strategic Infrastructure Projects" within one month after signing of the operative agreement referred to in par. 1.
(3) (revoked – SG 101/15, in force from 22.12.2015)
§ 12. Within one month after signing of the operative agreement referred to in § 11, par. 1 Agency "Road infrastructure" shall submit to the company the entire available documentation for the projects referred to in Art. 28b, par. 1.
§ 13. Agency "Road infrastructure" and National company "Strategic Infrastructure Projects" shall prepare, adopt and submit to the Minister of Regional Development and Public Works for approval their draft programs within three months after entering of This Act into force.
Transitional and concluding provisions
TO THE ACT ON THE STATE BUDGET OF THE REPUBLIC OF BULGARIA FOR 2012
(PROM. – SG 99/11, IN FORCE FROM 01.01.2012)
§ 100. This Act shall enter into force from 1 January 2012, except for § 76, which shall enter into force from 15 December 2011.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CIVIL SERVANTS ACT
(PROM. - SG 38/12, IN FORCE FROM 01.07.2012)
§ 84. (In force from 18.05.2012) Within one month from the promulgation of the Act in the State Gazette:
1. the Council of Ministers shall bring the Classifier of Administration Positions in compliance with this Act;
2. the competent authorities shall bring the statutory rules of the respective administration in compliance with this Act.
§ 85. (1) Legal relations with the persons from administrations under the Radio and Television Act, the Independent Financial Audit Act, the Electronic Communications Act and the Financial Supervision Commission Act, Act on Access to and Disclosure of the Documents and Announcing Affiliation of Bulgarian Citizens with the State Security Service and the Intelligence Services of the Bulgarian Popular Army, Confiscation by the State of Proceeds of Crime, Act on Prevention and Findings of Conflict of Interests, Code of Social Insurance, Health Insurance Act, Agricultural Producers Assistance Act and the Roads Act shall be regulated under the terms and following the procedure of § 36 of the Transitional and Final provisions of the Act Amending and Supplementing the State Servant Act (SG 24/06).
(2) By the act appointing the civil servant shall be:
1. awarded the minimum rank for the position occupied defined in the Classifier of Administration Positions, unless the civil servant has a higher rank;
2. determined the individual basic monthly salary.
(3) The funds additionally needed for insurance installments of the persons referred to in para 2 shall be provided within the costs for salaries, remuneration and insurance installments of the budgets of the respective budget credit spending units.
(4) The Council of Ministers shall carry out the changes required in the extra-budgetary account of State Fund Agriculture according to this Act.
(5) The managing bodies of the National Insurance Institute and the National Health Insurance Fund shall carry out the changes requires according to this Act in the respective budgets.
(6) Unused leaves under employment relationships shall be retained and may not be compensated by cash benefits.
§ 86. (1) Within one month from entry into force of this Act the individual basic monthly salary of the employee shall be determined in such a manner as to ensure that the said salary, reduced by the tax due and the mandatory insurance installments at the expense of the insured person, if they were due, is not lower than the gross monthly salary received hitherto, reduced by the mandatory insurance installments due at the expense of the insured person, if they were due, as well as by the tax due.
(2) The gross salary under para 1 shall include:
1. the basic monthly salary or basic monthly remuneration;
2. bonuses paid regularly along with the basic monthly salary or basic monthly remuneration due, which are related solely to the hours worked off.
§ 87. The Act shall enter into force from July 1, 2012 except for § 84, which shall enter into force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT
(PROM. - SG 44/12, IN FORCE FROM 01.07.2012)
§ 54. (1) The National Police Chief Directorate established by this Act shall be the legal successor of the assets, liabilities, rights and obligations of Chief directorate "Criminal Police" and of Chief directorate "Security Police".
(2) Legal representation in pending disputes of Chief directorate "Criminal Police" and Chief directorate "Security Police" shall be performed by the director of National Police Chief Directorate
§ 55. By the time of entry into force of this Act all official and employment legal relationships of civil servants and employees at Chief directorate "Criminal Police" and of Chief directorate "Security Police" shall be transformed into official and employment relationships of civil servants and employees at National Police Chief Directorate.
§ 56. Secondary legislation acts issued prior to the entry into force of this Act shall be implemented till the respective new statutory instruments are issued, inasmuch as they do not contradict the present Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 57. Length of service, acquired under the Civil Servant Act and the Labour Code under § 64 of the Transitional and Final provisions of the Ministry of Interior Act (SG 93/09) shall be deemed as employment with one and the same employer, respectively appointment authority.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 47/12)
§ 5. Permits for advertising facilities without a fixed term issued prior to the entry into force of this Act shall be valid for a period of up to 5 years from the date of entry into force of this Act.
§ 6. (1) Pending proceedings initiated by applications/requests for permits for special use of the road for the purpose of building roadside service complexes and road link thereto within the servicing zones of the highway shall be completed under the terms which were in force prior to the entry into force of this Act.
(2) Permits for use of roadside service complexes within the servicing zones of the highways in relation to which prior to the entry into force of this Act there have been issued for permits for special use of the road for the purpose of building roadside service complexes and road link thereto shall be granted under the terms which were in force prior to the entry into force of this Act.
§ 7. The Council of Ministers shall adopt the amendments in the Ordinance under Art. 18, para 5 in 6 months term from the entry into force of this Act.
Transitional and concluding provisions
TO THE WASTE MANAGEMENT ACT
(PROM. – SG 53/12, IN FORCE FROM 13.07.2012)
§ 35. This Act shall enter into force from the day of its promulgation in the State Gazette, except for the following provisions:
1. Art. 10, para 3 and 6, Art. 11, para 1, Art. 19, para 5, Art.38, para 4 and Art.39, para 3, which shall enter into force in two years time from the entry into force of the Act;
2. Art.33, para 4 and Art.34, which shall enter into force from January 1, 2013;
3. Art.49, para 8, which shall enter into force from January 1, 2015.
Transitional and concluding provisions
TO THE PUBLIC FINANCE ACT
(PROM. SG 15/13, IN FORCE FROM 01.01.2014)
§ 123. This Act shall enter into force on 1 January 2014 with the exception of § 115, which enters into force on January 1, 2013, and § 18, § 114, § 120, § 121 and § 122, which came into force on 1 February in 2013.
Transitional and concluding provisions
TO THE SPATIAL DEVELOPMENT ACT
(PROM. – SG 66/13, IN FORCE FROM 26.07.2013)
§ 56. In the Roads Act the following amendments shall be made:
2. In the rest of the texts of the Act the words “the Ministry of Regional Development and Public Works”, “the Minister of Regional Development and Public Works” and “Minister of Regional Development and Public Works” shall be replaced respectively by “the Ministry of Regional Development”, “the Minister of Regional Development” and “Minister of Regional Development”.
§ 117. The Act shall enter into force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. – SG 16/14)
§ 5. This Act transposes the provisions of Art. 1, paragraph 2, Art. 7a of Directive 2011/76/ES of the European Parliament and of the Council of 27 September 2011 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (OJ, L 269/1 of 14 October 2011).
Transitional and concluding provisions
TO THE SPATIAL DEVELOPMENT ACT
(PROM. – SG 98/14, IN FORCE FROM 28.11.2014)
§ 117. The Act shall enter into force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE NATIONAL SERVICE FOR PROTECTION ACT
(PROM. SG 61/15, IN FORCE FROM 01.11.2015)
§ 15. The Act shall enter into force from 1st of November 2015.
Transitional and concluding provisions
TO THE ACCOUNTANCY ACT
(PROM. SG 95/15, IN FORCE FROM 01.01.2016)
§ 29. This Act shall enter into force from 1st of January 2016, with the exception of Art. 48 – 52, which shall enter into force from 1st of January 2017.
Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. – SG 101/15, IN FORCE FROM 22.12.2015)
§ 21. The Act shall enter into force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING THE ROADS ACT
(PROM. - SG 30/16, IN FORCE FROM 15.04.2016)
§ 6. Terminated shall be the activity of the state enterprise National Company "Strategic Infrastructure Projects" from the day of entry into force of this Act.
§ 7. (1) The employment relations with the employees of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall be regulated under the conditions of Art. 328, para. 1, item 1 of the Labour Code, where the provisions of Art. 123 of the Labour Code shall not apply.
(2) The Minister of Regional Development and Public Works shall take appropriate actions to remove the dissolved state enterprise National Company "Strategic Infrastructure Projects" from the Commercial Register and to terminate the management contracts of board members within one month from the entry into force of this act.
(3) The powers of the Executive Director and of the Board members of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall be terminated from the date of entry under par. 2.
§ 8. All assets, liabilities, the archive and other rights and obligations of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall pass onto the "Road Infrastructure"Agency.
§ 9. (1) The resources at the disposition of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall be reimbursed through a transfer to the budget of the Ministry of Regional Development and Public Works.
(2) The Minister of Regional Development and Public Works shall make changes to the budget of the Ministry of Regional Development and Public Works pursuant to Art. 112, para. 3 of the Public finances Act at the expense of the unutilized amount from the planned transfer for 2016 for the dissolved state enterprise National Company “Strategic Infrastructure Projects”.
§ 10. The Council of Ministers to undertake pursuant to Art. 79 and Art. 81, para. 2 of the Act on the State Budget of the Republic of Bulgaria for 2016 the ensuing from the application of § 5, 6, 7 and 8 of this act changes in indicators under Art. 22, para. 1, Section II "EXPENSES", item 1.1 and para. 3 of the Act on the State Budget of the Republic of Bulgaria for 2016.
§ 11. As of the day of entry into force of this Act, the available information and original documentation, related to the sites under the revoked Art. 28b - "Hemus" highway, "Struma" highway and "Black Sea" highway - as well as other sites and all projects, financed under the Operational Programme "Transport" 2007-2013 and the Operational Programme "Transport and transport infrastructure" 2014 to 2020, and in electronic form also, shall be given to officials authorized by the Chairperson of the Management Board of the "Road infrastructure" Agency within one month from the entry into force of this Act.
§ 12. The "Road Infrastructure" Agency shall provide the maintenance of updated information on the progress of all procedures, opened by the dissolved state enterprise National Company "Strategic Infrastructure Projects".
§ 13. Within one month from the entry into force of this Act, officials authorized by the Executive Director of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall give to officials authorized by the Chairperson of the Management Board of the "Road Infrastructure" Agency all correspondence on applications and open procedures, related to the sites under the revoked Art. 28b - "Hemus" highway, "Struma" highway and "Black Sea" highway - which have not been completed. Following the transfer of correspondence, the procedures which begun before the entry into force of this Act shall be completed by the "Road Infrastructure" Agency.
§ 14. The due payments at the time of entry into force of this Act shall be administered by the "Road Infrastructure" Agency.
§ 15. The properties - state property and the movable property of the dissolved state enterprise National Company "Strategic Infrastructure Projects" shall be used by the "Road Infrastructure" Agency to fulfill the Agency’s functions until placing them within the terms and conditions of the State Property Act.
§ 16. The Head of the Managing Authority of Operational Programme "Transport" 2007-2013 and the Head of the Managing Authority of Operational Programme "Transport and Transport Infrastructure 2014-2020" and the Chairperson of the Management Board of the "Road Infrastructure" Agency - Manager of the beneficiary shall sign an Agreement on the realization of the projects, financed by the Operational Programme "Transport" 2007 - 2013 and Operational Programme "Transport and Transport infrastructure 2014 - 2020", the Cohesion Fund and the European regional development Fund of the European Union, whose beneficiary is the dissolved state enterprise National company "Strategic infrastructure projects”.
§ 17. The administrative and judicial proceeding, instituted but pending until the entry into force of this act, related to the sites under the revoked Art. 28b, shall be completed by the "Road Infrastructure” Agency.
§ 18. The cost involved in the termination of activity of the state enterprise National Company "Strategic Infrastructure Projects", including the compensations under the Labour Code, shall be at the expense of the budget of the Ministry of Regional Development and Public Works.
§ 19. This Act shall enter into force on the day of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE CORPORATE INCOME TAX ACT
(PROM. - SG 75/16, IN FORCE FROM 01.01.2016)
§ 19. This Act shall enter into force on 1 January 2016, except for:
1. paragraph 13 para. 2, item 2, which shall enter into force on the 1st of the month following the date of its promulgation in the State Gazette;
2. paragraphs 2, 8, 9, 10, 17 and 18, which shall enter into force from the date of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ROADS ACT
(PROM. - SG 11/17, IN FORCE FROM 31.01.2017)
§ 8. This Act shall enter into force from the day of its promulgation in the State Gazette, except for § 3, item 1 regarding Art. 10a, Para. 3, first and third sentences in the part "quarterly", sentence four in the part "three months", as well as for the one-year validity period of the annual vignette from the day of its purchase, and item 4 regarding para. 14, which shall enter into force from January 1, 2018.
Appendix No. 1 to Art. 10, Para 1, Item 1
(new - SG 43/08)
| Maximum amounts of the fees for use of infrastructure in Euro, including the administrative expenses |
| 1. Annual |
| Maximum | Minimum | |
| three axes | four axes | |
| EURO 0 | 1 332 | 2 233 |
| EURO I | 1 158 | 1 933 |
| EURO II | 1 008 | 1 681 |
| EURO III | 876 | 1 461 |
| EURO IV and less | ||
| polluting | 797 | 1 329 |
2. Charges for use of infrastructure of the vehicles of art. 10a, para. 7, items 1 and 2 shall be proportional to the duration of use and are valid for a day, week, month or year. The monthly rate shall not exceed 10 percent of the annual rate, the weekly rate shall not exceed 5 percent of the annual rate, and the daily rate shall not exceed 2 percent of the annual amount.
3. The maximum daily fee for use of the road infrastructure by transport vehicles under Art. 10a, Para 7, Items 1 and 2 shall be 11 Euro.
Appendix No. 2 to § 1, Item 19
(new - SG 43/08)
| Ecologic categories of the motor |
| vehicles |
|
Vehicle EURO 0 |
| Mass of | Mass of | Mass of |
| the carbon | the carbon hydrogens | the nitrogen |
| oxide | (HC), g/kWh | oxides |
| (СО), g/kWh | (NOx), g/kWh | |
| 12,3 | 2,6 | 15,8 |
| Vehicle EURO I and II |
| Mass of | Mass of | Mass of | Mass of | |
| the car- | the carbon | the nitro- | the dust | |
| bon | hydro- | gen | particles | |
| oxide | gens | oxides | ||
| (СО), | (HC), | (NОx), | (РТ), | |
| g/kWh | g/kWh | g/kWh | g/kWh | |
| Vh | ||||
| "EURO I" | 4,9 | 1,23 | 9,0 | 0,4 (1) |
| Vh | ||||
| "EURO II" | 4,0 | 1,1 | 7,0 | 0,15 |
(1) Coefficient 1,7 shall apply to emission restrictions of the dust particles in engines of 85 kW or less power.
Transport Vehicles "EURO III" / " EURO IV"/ " EURO V"/ "EEV"
| The specific mass of the carbon oxide, the total mass of the carbon hydrogens, the nitrogen oxides and the dust particles, determined through an ESC test, and the non-transparency of the processed gas, determined by an ELR test, shall not exceed the following values: (1) |
| Mass of | Mass of | Mass of | Mass of | Pro- | |
| the car- | the carbon | the nitro- | the dust | cessed | |
| bon | hydro- | gen | particles | gas, m(-1) | |
| oxide | gens | oxides | |||
| (NOx), | |||||
| (СО), | (HC), | g/kWh | (РТ), | ||
| g/kWh | g/kWh | g/kWh | |||
| EURO | |||||
| III | 2,1 | 0,66 | 5,0 | 0,10(2) | 0,8 |
| EURO | |||||
| IV | 1,5 | 0,46 | 3,5 | 0,02 | 0,5 |
| EURO | |||||
| V | 1,5 | 0,46 | 2,0 | 0,02 | 0,5 |
| EEV | 1,5 | 0,25 | 2,0 | 0,02 | 0,15 |
(1) One testing cycle shall consist of a sequence of points determined at the testing, where each point shall be determined on the basis of speed and turning couple, when the engine is in established regime of work (ESC testing) or in non-established working conditions (ETC and ELR tests).
(2) 0,13 for engines of working volume of the cylinder of less than 0,7 dm3, and the nominal frequency of rotation shall exceed 3000 min-1.
Relevant acts of European legislation
DIRECTIVE 1999/62/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures
REGULATION (EEC) No 1108/70 OF THE COUNCIL of 4 June 1970 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway
REGULATION (EEC) No 2598/70 OF THE COMMISSION of 18 December 1970 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70 of 4 June 1970
