On the ratification of model of Regulations on rules of state official check up of vehicles and their trailers
On ratification of model of Regulation on rules of state official checkup of vehicles and their trailers
Decision № 40 of the Cabinet of Ministers of Azerbaijan Republic on ratification of model of Regulation on rules of state official checkup of vehicles and their trailers
Baku city, March 15, 1999
The Cabinet of Ministers of Azerbaijan Republic makes decision in order to ensure execution of November 22, 1998 dated № 24 Decree of the President of Azerbaijan Republic “On Application of Law of Azerbaijan Republic “On Road Traffic”:
- “Model of Regulation on rules of state official checkup of vehicles and their trailers” should be ratified (is annexed).
- The present Decision comes into force on the date it is signed.
Prime Minister of Azerbaijan Republic A.RASI-ZADA.
It was published in “Laws Collection of Azerbaijan Republic” (March 31, 1999, № 3, article 196) ("VneshExpertService").
With changes and additions, according to October 25, 2001 dated № 168; June 2, 2003 dated № 73 decisions ("VneshExpertService").
Was ratified on March 15, 1999 dated № 40 decision of the Cabinet of Ministers of Azerbaijan Republic.
Model of Regulation on rules of state official checkup of vehicles and their trailers
1. General provisions
1.1. This Regulation specifies the rules of state official checkup of vehicles and their trailers registered at the territory of Azerbaijan Republic, by the following authorities, in accordance with the Law of Azerbaijan Republic “On Road Traffic”, the November 22, 1998 dated № 24 Decree of the President of Azerbaijan Republic “On application of the Law of Azerbaijan Republic “On Road Traffic”:
1) Automotive vehicles of all types, brands and models with engine, swept volume of which is 50 cm3 and more, and maximum constructive speed of which is more than 50 km/hour, as well as their trailers and semitrailers, belonging to legal and natural persons (excluding Armed Forces of the Republic of Azerbaijan and other combinations) – by the Ministry of Internal Affairs of Azerbaijan Republic;
2) Trams and trolleybuses – by regional executive bodies;
3) Caterpillar automotive vehicles (tractors) not intended for exploitation in commonly used traffic network, those used in agriculture and other automotive vehicles, of legal and natural persons – by the Ministry of Agriculture of Azerbaijan Republic;
4) Technological vehicles of legal and natural persons not intended for exploitation in commonly used traffic network – by State Committee of Azerbaijan Republic for the Safe Conduct of Work in Industry and Mining Control;
5) Racing purpose-sports vehicles of legal and natural persons – by the Ministry of Youth, Sport and Tourism of Azerbaijan Republic;
6) Automotive vehicles of Armed Forces of the Republic of Azerbaijan and other combinations – by the Ministry of Defense of Azerbaijan Republic;
7) Automotive vehicles of other armed units – accordingly the same state bodies
1.2. Technical condition and equipment of vehicles participating in road traffic in the territory of Azerbaijan Republic should comply with standards specified by Annex 1 to Law “On Road Traffic” from the point of view of road traffic safety and environmental protection. Technically disordered vehicles are not let in road traffic.
1.3. Principal aim of state official checkup is followings:
To have control over vehicles technical condition to comply with acting traffic safety rules, norms, standards;
To make exact vehicles’ belonging and other registration information;
To prevent criminal accidents and administrative right violations related to vehicles;
To ensure control over drivers’ having driving license with appropriate category and relevant document giving the right for disposing vehicle, validity period of driving license, receipts on paying fees collected in accordance with taxes received from vehicles owners and state official check up, or existence of payment document.
1.4. State official checkup of all automotive vehicles and trailers (semitrailers), not depending on form of ownership, which are in permanent or temporary registration in the territory of the Republic, is realized once a year from January 1 to October 31 by authorities provided in item 1.1 of this Regulation.
1.5. Vehicle, registered in manufacture year is not involved in official checkup in the same year. Those vehicles get checkup card, when state registration is conducted.
2. Actions on organization of state official checkup of
2.1. Authority conducting official check-up, taking into account proposal of legal entities, makes general schedule on conducting territorial state official checkup of automotive vehicles by January 1 every year. Schedule includes name of legal entity, number of vehicles, place for state official check-up, day of presentation and its copy is sent to upper organization.
2.2. Rules of presenting vehicles to state official checkup are informed by mass media in advance.
2.3. Place (technical control point, examination centre, garages, institutions with necessary condition for examining technical condition of vehicles and other areas) for conducting state official checkup is defined by authority holding official check-up.
2.4. When state official checkup is held in institutions, officials of those institutions, engineers and technical workers should also be involved in examining technical state of vehicles on consent of institution administration.
3. Rules of presentation of vehicles to state official check-up
3.1. Owners (authorized person) of vehicles are responsible, not later than the period mentioned in checkup card, to present their vehicles to state official checkup technically in good working order.
3.2. State official checkup of vehicles is conducted, after the owner of vehicle or the person having the right for disposing of vehicle, and having duly certified power of attorney, presents the following documents:
1) document giving the right to drive vehicle;
2) registration certificate of vehicle;
3) document of maintenance area or station (if such maintenance was conducted by that station or area) rendering guaranteed technical service on elimination of disorders causing prohibition of vehicle exploitation;
4) Receipts on payment of duty or tax or payments specified by the legislation of Azerbaijan Republic;
Requiring other documents besides the above-mentioned is not allowed.
3.3. If it is impossible to bring vehicles to the place where state official checkup is held (because of disorder, not having spares, etc), its owner presents written application to relevant authority holding official check-up, within the period specified in item 3.1 of these Rules. The vehicle is examined by that authority in place of vehicle stop, and exploitation of vehicle is not allowed in accordance with instructions of bodies mentioned in item 1.1, by the time its disorder is eliminated.
4. Rules of state official checkup
4.1. State official checkup of each vehicle starts with controlling type, model, state registration sign, as well as chassis, body and engine numbers, colour, so that they should conform with the written on registration certificate of vehicles, and comparing with the list of registration documents of vehicles in search.
4.2. If cases of forgery on state registration certificate and documents giving the right to use and drive vehicle, discrepancy of engine, body and chassis numbers with the written on registration documents of vehicles, erasing of units numbers, or false numbers on them are found, the documents shall be taken and vehicles be kept as specified. To document the found fact, act shall be made in presence of witnesses, and driver (vehicle owner) shall give explanation. Primary materials investigated in accordance with that fact shall be sent to investigation body to be considered.
4.3. While conducting state official checkup of vehicles of special purpose and operational service vehicles, availability and good condition of special light and sound signals, legality of their assembly and conformity of colour graphics of vehicles with state standards are controlled.
4.4. Technical state of trailers (semitrailers) is controlled as coupled on principal vehicles.
4.5. While conducting state official checkup of conserved vehicles, their setting is controlled. If there is any doubt about good condition of vehicle, technical state of motor and transmitting units are controlled without taking supports intended for not keeping wheels under load.
4.6. Vehicles not meeting one of the standards of item 1.2 of this Regulation are accounted disordered and their use is prohibited according to the acting legislation.
Vehicle is examined in the course of official checkup, if document of maintenance area or station (if such maintenance was conducted by that station or area) rendering guaranteed technical service on elimination of disorders causing prohibition of vehicle exploitation is presented.
4.7. Examined vehicles are given official checkup card by the authority holding official checkup and that authority duly carries out report of examination results. Form of the card, its application forms and report are defined on instruction of bodies provided in item 1.1.
4.8. Maintenance of vehicles is carried out only by owners of vehicles, persons having special technical knowledge and qualification, or maintenance stations as specified by the Cabinet of Ministers. In farms, where number of vehicles is 10 or more than that, legal and natural persons carry out guaranteed maintenance of vehicles in maintenance areas organized for this purpose.
5. Preparation for state official checkup and control over its conduction
5.1. Control over the conduction of state official checkup of vehicles is carried out by authorities provided in item 1.1 of this Regulation in the following manner:
Control of compliance with conduction of state official checkup period and rules;
Control of compliance of examined vehicles’ technical state and registration data with specified standards through option (in the territory of institution, while vehicles route, return, as well as in the process of exploitation);
Compare of approved data on vehicles state examination results with number and registration data of vehicles, record of which is carried out in files of relevant authorities.
6. Documentation of state official checkup results
6.1. According to state examination results of vehicles, respective act blanks approved by the authority holding official checkup are filled in by legal entities and submitted to the same authority together with other required documents (taxes, service fees collected in regard to number of vehicles, state official checkup, etc)
6.2. Final report of official checkup is presented to the Cabinet of Ministers of Azerbaijan Republic and State Statistics Committee after summarizing, by the bodies mentioned in item 1.1, within 1 month.
6.3. According to examination results, technical condition of vehicles is analysed in accordance with regions, cities, and preparatory level of vehicles, reasons of their disrepair and not being examined are investigated, measures are taken in order to eliminate shortcomings found in analyses.
7.Responsibility
7.1. Vehicles owners or drivers bear responsibility as specified by the legislation of Azerbaijan Republic for driving vehicles, use of which is prohibited by Annex 1 of the Law of Azerbaijan Republic “On Road Traffic” and for not having them timely examined
7.2. Officials of authorities holding vehicles examination, as specified by the legislation of Azerbaijan Republic, bear responsibility for requiring unprovided by Law documents from vehicle owners or other persons having the right for disposing of vehicle, for red tape in holding examination of vehicles or for illegally refusing maintenance, and authorized persons of maintenance area or station rendering guaranteed service to vehicle bear responsibility for red tape in issuing document about good condition of vehicle, illegally refusing to issue such document, as well as veracity of information written on that document.
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