The process of removing deadlines that do not comply with standards and technical specifications has become mandatory Under the new draft traffic law, a new article was included in the supplementary report of the draft traffic law stipulating the removal of parking lots that do not conform to standards and technical specifications due to the threat they pose to traffic safety and road users. In addition, the law contained facilities for the benefit of owners of new and imported vehicles, in addition to tightening control over the activity of selling spare parts and imposing strict penalties on sellers of counterfeit spare parts.
Among the most prominent amendments included in the supplementary report to the Traffic Law is the amendment to Article 17, which regulates the process of removing time limits, as their placement or removal and their locations are subject to a prior license from the governor, automatically or based on a proposal from the President of the Municipal People’s Assembly or at the request of citizens, security services, public administrations, or associations active in the field of traffic safety. The aforementioned article emphasizes the removal of all time limits that do not conform to technical specifications, and assigned This task is assigned to both the President of the Municipal People’s Council or the competent authorities, as they must ensure that the technical specifications and measurements that must be respected when setting deadlines are respected.
Just a few days ago, the Minister of Public Works and Basic Establishments, Abdelkader Galaoui, announced that “his sector is working in coordination with the Ministry of the Interior, local authorities, transportation, and governors, to rehabilitate the completed pavements in a way that does not conform to standards, whether at the level of national or urban roads, while removing those completed randomly. In this regard, I issued a joint instruction to the governors aimed at reducing traffic accidents and ensuring the safety of vehicles.”
It was rejected to include a new article stipulating the compulsory inclusion of traffic education in educational curricula for two reasons: that preparing and controlling school curricula falls within the framework of the education sector’s competencies and not the scope of traffic law. The amendment also proposes a detailed curriculum that is responsible for it within the framework of the educational directive law and the applicable legal and regulatory texts.
Among the most prominent proposed amendments is amending Article 94, with the aim of clarifying the legal status of new and imported vehicles, and protecting their owners from falling into legal violations during the transitional period separating the vehicle’s departure from the factory or its arrival from abroad, and the completion of technical monitoring. The proposed amendment stipulates allowing the vehicle to be driven for a period not exceeding 10 days, starting from the date the vehicle was first placed on the road or from the date it was taken off the road, recorded in an official document, while maintaining the mandatory technical inspection report later, and includes This procedure also applies to newly imported vehicles, which are granted the same right to temporary use until technical control is conducted and a report is obtained, provided that the amendment concerns the third paragraph of the article only.
Unified traffic plan
The proposed amendments stipulated the preparation of a traffic plan according to a specific national model, as the representatives stressed the need for a clearer formulation of the provisions of this article, and to make the traffic plan unified at the national level, according to a unified model that specifies the rules for regulating traffic, stopping, and parking, in a way that ensures harmony of application among the various stakeholders. The amended Article 10 stipulates that local groups be tasked with preparing and implementing a consistent traffic plan to control the development of vehicular movement and reduce its negative effects, and they must instigate a clear system for traffic signals. And update it whenever necessary.
Tightening control over spare parts
In a related context, the representatives proposed amending Article 156, regarding combating the manufacture, import and marketing of counterfeit spare parts, considering that the phrase “and he knew” contained in the current wording constitutes a heavy evidentiary burden on justice, as it is easy for the person concerned to claim lack of knowledge, while not possessing the applicable conformity certificates is considered a stronger presumption in terms of proof..
As stated in the supplementary report, a copy of which “elhiwar us” has: Anyone who manufactures, imports, sells, or places on the market counterfeit vehicle spare parts or that do not conform to the required standards, or who does not hold conformity certificates, shall be punished by imprisonment from 3 to 5 years, and a fine ranging from 300,000 to 500,000 dinars..
Postponing the mandatory speed time recording device
The representatives also proposed abolishing Article 185, which stipulates freezing the implementation of some provisions of the law, especially Article 85, which relates to obliging owners of vehicles transporting goods and transporting people with more than 9 seats to be equipped with a speed recording device..
The representatives attributed this proposal to the absence of practical deadlines for implementing these provisions, considering that deleting Article 185 is more objective, while amending Article 85 to allow setting implementation deadlines to be referred to a regulatory text undertaken by the competent public authorities..
Adjusting the age of children transported on motorcycles
Among the proposed amendments is also the amendment of Article 36, given that the motorcycle is considered an essential means of transportation, and sometimes the only one, in the vast rural and southern regions that suffer from a lack of means of transportation, especially during the night and summer periods, when temperatures rise to record levels. The representatives proposed deleting the paragraph that prevents the transportation of a child under the age of 10 years, and replacing it by prohibiting the transportation of a child under the age of 6 years, taking into account the geographical and social specificities of some areas..
Among the proposals included in the draft law: establishing a state committee for security and traffic safety under the supervision of the governor that includes the relevant sectors and works in coordination with the state delegation for road security and undertakes the implementation of the national strategy for road security at the local level. This committee can seek the assistance of any natural or legal person who can contribute to developing and promoting traffic safety, provided that this committee meets every three months and whenever the need arises.
The role of neighborhood associations in reporting black spots
On the other hand, the amendments included a proposal to amend Article 18, emphasizing the pivotal role of neighborhood associations and civil society associations, along with citizens, in reporting black spots, danger points, and places witnessing serious damage along various roads. In this context, the representatives proposed the introduction of a new article under No. 47 bis, which stipulates the right of citizens, neighborhood associations, and civil society associations to report danger points, black points, and damaged road locations, through various available means of correspondence, while obliging public authorities to respond and address them in Reasonable deadlines.
President’s Award for Traffic Safety
The representatives included a new paragraph stipulating the creation of the President’s Award in the field of traffic safety to encourage the dissemination of traffic culture and the promotion of traffic safety. Accordingly, Article 186 is formulated as follows: After the date of issuance of this law, a National Traffic Safety Day shall be celebrated on the same date every year, provided that the President’s Award in the field of traffic safety shall be created.
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