
(2022-12-14-ний өдрийн хуулийн хяналт) Unofficial translation
LAW OF MONGOLIA
July 8, 2015 Ulaanbaatar city
ON TRAFFIC SAFETY
/Revised version/
CHAPTER ONE
GENERAL PROVISIONS
Article 1.Objective of the law
1.1.The objective of this Law is to define legal ground for ensuring and regulate relations associated with traffic safety in the territory of Mongolia.
Article 2.Legislation on Traffic Safety
2.1.Legislation on traffic safety shall consist of the Constitution of Mongolia, this Law and other legislative acts enacted in compliance with these laws.
2.2.In case that any international treaty to which Mongolia is a party provides otherwise than this Law, the provisions of the international treaty shall prevail.
Article 3.Definitions of terms
3.1.The following terms used in this Law shall have the following meaning:
3.1.1."Vehicle" means the equipment designed to transport humans, freight and installed equipment on road;
3.1.2."Motorized vehicle," means vehicles equipped with an engine, but excluding mopeds;
3.1.3."Driver" means the person who drives a vehicle, instructor who coaches on driving practice and persons who ride or guide animal-drawn vehicles or carts on the road;
3.1.4."Road" means an area designed for driving vehicles. A carriageway, its shoulder, pedestrian's sidewalk and roadway median are inclusive to the road;
3.1.5."Traffic" means a movement of humans and freight on foot or by vehicle on public roads;
3.1.6."Traffic accident" means a loss of human life and health, and a damage to vehicle, road and road construction as well as to freight and other properties caused due to vehicle movement on the road;
3.1.7."Commuter" means the drivers driving vehicles on the road, passengers in a vehicle and pedestrians;
3.1.8."Traffic safety" means the protection of commuters from a potential traffic accident and from its consequences;
3.1.9."Ensuring road safety" means the activities towards prevention from traffic accidents and minimizing resulting damages;
3.1.10."Traffic regulation" means the comprehensive activities towards traffic management;
3.1.11."Pedestrian" means the persons, who travel on foot (except those who perform duties on the road), in demonstration or on wheelchairs of disabled persons and draw a cart, a sleigh, a motorcycle, a moped, or a bike on the road.
Article 4.Integrated Traffic Rule
4.1.The integrated traffic regulation to be complied with by public in the territory of Mongolia shall be established by the Traffic Rules.
4.2.The Government shall approve the Traffic Rule.
4.3.The Traffic Rules shall reflect the categories of motorized vehicles, age limit for driving vehicles of such category, obligations of commuter, regulations on participating in traffic on foot and by vehicle, the design and meaning of the traffic regulation signals and road signs and marks defined by the relevant standards, a list of breakdowns, defects and technical failures that lead to a prohibition of use of vehicles, and the design and compliance procedure of vehicular marks.
4.4.Vehicular movement in Mongolia shall be on the right side of the road.
CHAPTER TWO
RIGHTS AND RESPONSIBILITIES OF GOVERNMENT AGENCIES TO ENSURE TRAFFIC SAFETY
Article 5.Powers of State Great Khural
5.1.The State Great Khural of Mongolia shall exercise the following powers to ensure traffic safety:
5.1.1.to define the government policy and adopt laws and regulations on ensuring traffic safety;
5.1.2.to monitor the compliance of the laws and regulations on traffic safety;
5.1.3.to ensure that relevant Standing Committee discusses, raises opinions, draws assessment on and assigns relevant organizations or official for compliance of the laws and regulations on traffic safety in the first quarter of every year.
Article 6.Powers of the Government of Mongolia
6.1.The Government of Mongolia shall exercise the following powers to ensure traffic safety:
6.1.1.to ensure the compliance of the laws and regulations on traffic safety;
6.1.2.to adopt national policy and programs on ensuring traffic safety;
/This subparagraph was amended according to the law of December 17, 2021/
6.1.3.to finance the measures directed to ensuring traffic safety;
6.1.4.to ensure correlation of the activities of the government agencies on ensuring traffic safety;
6.1.5.to implement projects and programs on ensuring traffic safety;
6.1.6.to adopt a structure, composition, organization and procedure of a National Council on Traffic Safety.
Article 7.National Council on Traffic Safety
7.1.The National Council on Traffic Safety ("National Council") shall be responsible for integrating and organizing nationwide traffic safety activities.
7.2.The Head of National Council shall be the Prime Minister.
7.3.The National Council shall report its activities to the State Great Khural once a year.
7.4.The National Council shall have a temporary structure composed of equal involvement of the representatives of the cabinet members; agency heads, professional associations and non-governmental organizations that fulfill functions related to ensuring traffic safety.
7.5.The National Council shall have a full-time office.
7.6.The National Council shall perform the following rights and duties:
7.6.1.to organize the development of drafting national strategies, programs, and relevant procedures and rules;
7.6.2.to coordinate co-operation of the government and non-governmental organizations and citizens towards ensuring traffic safety;
7.6.3.to oversee whether scientific achievements, advanced technologies and information network are introduced in the activities directed to ensuring traffic safety and optimizing traffic management;
7.6.4.to assign or give directions, issue recommendations and establish a working group on ensuring traffic safety;
7.6.5.to integrate traffic safety registry and database, make analysis, give directions and issue reports;
7.6.6.to incorporate a traffic safety awareness training in pre-school and secondary school curriculum and oversee the implementation thereof;
7.6.7.to oversee and demand for the compliance with the laws and regulations, administrative resolutions, standards and recommendations on ensuring traffic safety;
7.6.8.to obtain or have access to information, surveys, interpretations, definitions and other documents related to ensuring traffic safety free of charge from organizations and officers and to have professional conclusion and examination issued;
7.6.9.to publicize the safe traffic participation among citizens, obligate to publish or broadcast warnings and advice on mass media free of charge, and oversee its implementation;
7.6.10.other powers stated in laws and regulations.
Article 8.Rights and Duties of Police Organization
8.1.The Police organization shall have the following duties to ensure traffic safety:
8.1.1.to oversee the implementation of administrative normative acts on traffic safety;
8.1.2.to regulate the traffic in order to ensure safe and normal travel of traffic participants.
8.2.The Police organization shall exercise the following rights to ensure traffic safety:
8.2.1.to stop, mobilize, detain or relocate vehicles in order to discontinue an act or condition which will impact on traffic safety negatively;
8.2.2.to regulate traffic or temporarily alter, restrict or close the traffic flow or direction with the aim of ensuring traffic safety;
8.2.3.to check drivers by means of dedicated technique and tools whether they are under the influence of alcohol, drug or psychotropic medicines;
8.2.4.to impose liability according to the Law on Violation and add demerit points as prescribed by relevant law;
/This subparagraph was modified according to the law of December 4, 2015/
8.2.5.to subordinate the technical inspection units of the armed forces and border forces in terms of professional engagement on ensuring traffic safety.
8.2.6.to check and define whether the driver of vehicle equipped with inspection equipment is complying with work and rest regime and movement speed limit based on data from inspection equipment.
/This subparagraph was added according to the law of July 1, 2022/
8.3.The Government member in charge of legal affairs shall approve the procedure on traffic regulation and calculation of inspection violation for demerit points.
/This paragraph was modified according to the law of January 10, 2020/
8.4.The procedure stated in paragraph 8.3 of this Law shall incorporate the following:
8.4.1.Patrol route coverage areas, inspection methods and forms, road and road constructions, traffic regulation equipment, control of vehicles, record and settlement of breaches, safeguard of traffic accident scenes, mobilization or stopping or search or detention or relocation of vehicles, and templates of registration, survey and forms to be logged during traffic control in the Traffic Regulation and Inspection Procedure;
8.4.2.Imposition of fines and settlement, control over execution thereof, a fine slip template, record and database issues in Non-cash Fine Imposition Procedure;
/This subparagraph was invalidated according to the law of 10 January 2020/
8.4.3.The point(s) for each violation and total points, justification of demerit point adding or subtracting and issue of calculating points and delivering liabilities and information to individuals.
Article 9.Rights and Duties of Citizens' Representative Meeting of of Aimag, Capital city, Soum and Districts and their Governors
/The heading of this article was amended according to the law of April 22, 2022/
9.1.Citizens' Representative Meeting shall exercise the following rights to ensure traffic safety:
/This paragraph was amended according to the law of April 22, 2022/
9.1.1.to make a decision ensuring traffic safety in their respective territories in accordance with relevant laws and regulations;
9.1.2.to employ community police officers as stated in paragraph 63.1, Law on Police in order to ensure traffic safety in own territory.
/This subparagraph was amended according to the law of February 9, 2017/
/This subparagraph was amended according to the law of April 22, 2022/
9.2.Citizens' Representative Meeting of Aimag, Capital city, Soum and District shall undertake the following duties with respect to ensuring traffic safety:
/This paragraph was amended according to the law of April 22, 2022/
9.2.1.to finance the activities aimed at ensuring traffic safety from local budget;
9.2.2.to adopt a long term or short-term program to prevent from traffic accidents or violations;
/This subparagraph was amended according to the law of December 17, 2021/
9.2.3.to inspect the implementation of activities on ensuring local traffic safety in accordance with the relevant laws and regulations;
9.2.4.to make a decision on establishing a yard (premises) to keep the vehicles detained and removed from traffic and to set an amount of a fee.
9.3.Aimag, Capital city, Soum and District Governors shall enjoy the following rights with respect to ensuring traffic safety:
/This paragraph was modified according to the law of April 22, 2022/
9.3.1.to set or change public transport routes and parking location in their respective localities;
9.3.2.to issuance, extension, suspension, restoration, revocation permit for the use of auto road land strip of trade and service in urban and settlement areas in accordance with paragraph 10.11 of Article 8.2 of the Law on Permit;
/This paragraph was modified according to the law of January 6, 2023/
9.3.3.to impose penalty on violations of common administrative acts of respective locality with respect to traffic safety.
9.4.Aimag, Capital city, Soum and District Governors shall undertake the following duties with respect to ensuring traffic safety:
/This paragraph was amended according to the law of April 22, 2022/
9.4.1.to develop and implement a program on prevention from traffic accidents, crime and violations;
9.4.2.to study the cause and conditions of traffic congestion and take measures to alleviate it;
9.4.3.to organize advocacy and outreach with respect to traffic safety laws and regulations among citizens;
9.4.4.to obligate local legal entities and citizens to clean the road and to remove snow and ice on the road;
9.4.5.to oversee the safety and integrity of the roads and road constructions, traffic lights and traffic regulation equipment, traffic regulations and traffic safety of the locality, inform violations and citizens' requests and complaints to the relevant organizations or officers for taking required measures;
9.4.6.to oversee if a construction, expansion, repair and fitting of road and road constructions and placement of traffic lights and road signs are in line with the respective laws, administrative acts and environmental and safety requirements, and to have any violation thereof remedied;
9.4.7.to report the implementation of the local traffic safety activities to the Khura of Citizens' Representative at least twice a year.
9.5.Aimag and capital city governor may enact administrative normative act in own territory restricting transportation movement with purpose to regulate traffic jam and delay in accordance with legislation of Mongolia and traffic rule.
/This paragraph was added according to the law of January 10, 2020/
9.6.The relation related to the permit specified in Article 9.3.2 shall be regulated by the Law on Permit.
/This paragraph was added according to the law of January 6, 2023/
9.7.In order to issuance the permit specified in Article 9.3.2, opinion was received by the police in charge of the territory.
/This paragraph was added according to the law of January 6, 2023/
Article 10.Integrated Registry and Database of Traffic Safety
10.1.The Integrated Registry and Database of Traffic Safety shall consist of the following sub-databases:
10.1.1.to include the state registration, record of transfer, use, repair, inspection and data of motorized vehicle in the Vehicle Registry;
10.1.2.to include the record and information on the condition and existing damages to the road and road constructions which may cause hazard to traffic in the Registry of Road and Road Construction Damage;
10.1.3.to include the record and information on driving licenses in the Drivers' Registry;
10.1.4.to include the information on driving schools and their training facilities, human resources and students in the Driving School Registry;
10.1.5.to include the record and information on traffic accidents, ensuing damages and statistics of Traffic Rules violations in the registry of traffic accident, crime and violation;
10.1.6.to include the record and information on motorized vehicle drivers' medical check-up reports and statistics of persons injured and died in traffic accidents in the Registry of drivers' health and persons affected by traffic accident;
10.1.7.to include the record and information on insurance policy, insurance cases, indemnity paid to victims and other information related to insurers, insureds, victims and driver insurance in the drivers' insurance registry;
10.1.8.to include the record and information on taxes in the registry of road vehicles and motorized vehicles taxes.
10.1.9.to include the record of vehicles equipped by monitoring equipment and registry of monitoring equipment service and maintenance organizations, use, repair log and card registration into monitoring equipment control and regulation registry and database.
/This subparagraph was added according to the law of July 1, 2022/
10.2.The database set forth in subparagraphs 10.1.1 and 10.1.9 of this Law shall be maintained by the State administrative body in charge of road transportation, the database set forth in subparagraph 10.1.2 of this Law be maintained by the State central administrative body in charge of road, the database set forth in subparagraph 10.1.4 of this Law be maintained by the State central administrative body in charge of vocational education and training, the database set forth in subparagraphs 10.1.3 and 10.1.5 of this Law be maintained by the Police, the registry set forth in Article 10.1.6 of this Law shall be maintained by the State central administrative body in charge of health issues, the database set forth in subparagraph 10.1.7 of this Law be maintained by the Financial Regulatory Commission, and the database set forth in subparagraph 10.1.8 of this Law be maintained by the State administrative body in charge of taxation.
/This paragraph was modified according to the law of July 1, 2022/
10.3.The National Council shall approve a procedure, which will regulate the relations associated with maintaining the integrated registry, database and its varied database and concerning giving information and reference from such databases.
10.4.A driver's demerit points shall be calculated based on the information of the Registry of Traffic accident, Crime and Violation and database registry.
10.5.Citizens and legal entities may obtain information or reference from the integrated traffic safety registry and database according to the procedure specified in subparagraph 10.3 of this Law.
Article 11.Medical Care and Services for Ensuring Traffic Safety
11.1.The State central administrative body in charge of health shall organize and accomplish the following medical care services towards prevention from traffic accidents and rescue human life:
11.1.1.to implement training and advocacy programs among citizens with respect to rendering first aid to a victim of traffic accident;
11.1.2.to provide medical care to victim of traffic accident;
11.1.3.to ensure quality and prompt medical emergency care services and rehabilitation treatment to be provided to victims of traffic accident;
11.1.4.to identify the emergency clinics or first aid stations for the victims of traffic accident, to set their coverage and to ensure proper working conditions for them;
11.1.5.to involve drivers and students of driving schools in medical check-up.
11.2.The Government member in charge of health issues shall approve a procedure on health requirements on drivers, medical check-up of drivers, a template of medical check-up sheet, a list of clinics, which will offer medical check-up, medicines incompatible for driving, a list of mandatory items for first aid kit for vehicles, and a procedure on providing medical care to the victims of traffic accident.
11.3.The Government members in charge of health and legal affairs shall approve jointly a guidance on recording if drivers were under the influence of alcohol or drug or psychotropic medicines and the number of the injured and dead persons due to traffic accidents.
CHAPTER THREE
RIGHTS AND DUTIES OF CITIZENS AND LEGAL ENTITIES
Article 12.Rights and Duties of Those Engaging in Traffic
12.1.The right of commuters to safely engage in traffic shall be protected under laws by complying with national legislation and international treaties on traffic safety to which Mongolia is a party.
12.2.Commuters shall enjoy the following rights:
12.2.1.to travel freely observing the traffic rules;
12.2.2.to demand the relevant government bodies or officers to ensure their right to safe engagement in traffic;
12.2.3.to get medical and other ambulance services at no cost from the relevant government bodies or officers during traffic accident;
12.2.4.to have the damage compensated as permitted in law that caused due to traffic accident.
12.3.Commuters are obliged to comply with the legislation on traffic safety.
Article 13.Rights and Responsibilities of Citizens and Legal Entities to Ensure Traffic Safety
13.1.Citizens and legal entities shall enjoy the following rights to ensure traffic safety:
13.1.1.to get information from the relevant authorities or officers regarding the reason and condition for restriction of traffic, and equipment, works and services towards ensuring traffic safety;
13.1.2.to demand the relevant organizations or officers to maintain and repair the road damage or collapse and to clean the road snow or ice.
13.2.Citizens and legal entities shall have the following obligations to ensure traffic safety:
13.2.1.to observe the Traffic Rules;
13.2.2.to render immediate first aid to those affected by a road accident;
13.2.3.not to engage in traffic on foot or driving when they are sick or fatigued to the extent of not having an ability to ensure traffic safety;
13.2.4.to ensure traffic safety when executing works or services on or adjacent to the road;
13.2.5.to immediately report a crime or violation against the traffic safety to the relevant organizations;
13.2.6.citizens and legal entities shall clean the road debris and snow or ice within their respective residence;
13.2.7.parents or guardians or relevant employees of educational institutions of all levels should not engage the children up to age of 10 in traffic without custodian;
13.2.8.to observe the lawful demand of an authorized person with respect to traffic safety.
13.3.Citizens or legal entities shall not force or support a commuter in any means to violate the legislation on traffic safety.
13.4.Legal entities operating in Mongolia using vehicles shall observe the following obligations to ensure traffic safety:
13.4.1.to schedule or arrange a driver's duties in line with traffic safety requirements;
13.4.2.to adopt and implement a driver's work and rest schedule pursuant to the organization's internal procedure and the relevant laws and regulations;
13.4.3.to provide drivers with opportunities to improve their knowledge and profession;
13.4.4.
to reflect a regulation concerning driver's traffic safety culture, professional skills and ethical relations to the organizational internal procedure and ensure the implementation thereof.
CHAPTER FOUR
VEHICLE DRIVING RIGHT
Article 14.Preparing Vehicle Drivers
14.1.Training for preparation of motorized vehicle drivers and examination of driving license shall be regulated by the procedure on preparing the vehicle drivers and examination of driving license.
14.2.The Government members in charge of vocational education and training as well as education shall adopt and oversee the implementation of the procedure on preparing drivers and the curriculum.
14.3.The Government members in charge of vocational education and training as well as legal affairs shall collectively adopt a procedure on the operation of a driving license-testing center and the driving license examination procedure.
14.4.Central standardization body shall approve the standards of the educational institutions to prepare drivers and the driving license examination centers.
14.5.While organizing the training of drivers the State central administrative body in charge of vocational education and training may have the following works undertaken by non-governmental organizations that work on managing and regulating such vocational training:
14.5.1.to develop the standards of the educational institution to train drivers and the driving license examination center along with the training standard;
14.5.2.to accredit and evaluate the operation of the educational institutions for training drivers;
14.5.3.to organize the activities of driving license examination centers.
14.6.Justification to revoke a license of educational institutions for training drivers shall be the unsatisfactory training delivery or the record of demerit points of the drivers studied there.
14.7.Citizen may learn the theoretical knowledge of driving independently and shall take the practical credit classes at the driving field and in traffic, after which he/she shall be entitled to take the driving license examination.
Article 15.Granting a Driving License
15.1.The citizens who meet the following requirements shall be given the license to motorized vehicle driving:
15.1.1.be at the eligible age of driving each category of vehicles;
15.1.2.be medically eligible for driving;
15.1.3.passed the driving exam of the relevant category of vehicles.
15.2.Motorized vehicle driving right shall be validated by a driving license.
15.3.The Police organization shall be responsible for issuing and registering of national driving licenses and international driving licenses.
15.4.The Government member in charge of vocational education and training shall adopt the procedure on issuing a driving instructor's certificate and a template of a driving instructor's certificate while the Government member in charge of legal affairs adopt a procedure on issuing driving license and a template of a driving license and its price.
Article 16.Issuing of International Driving License
16.1.International driving license of Mongolia shall be issued in line with the Vienna Convention on Road Traffic based on the driver's driving license.
16.2.International driving license of Mongolia shall not be applicable on the territory of Mongolia.
Article 17.Term of Validity of Driving License
17.1.Mongolian citizens shall only be permitted in the territory of Mongolia too drive motorized vehicle (excluding driving practice) with Mongolia driving license.
17.2.Mongolian driving license shall be issued for 10 years and international driving license of Mongolia issued for 3 years. Should the effective period of a driving license not exceed over 3 years when the international driving license is issued, its effective period shall be limited by such period.
17.3.Foreign citizens, who hold a driving license issued by a member country of the Vienna Convention on Road Traffic or international driving license consistent to such Convention, may drive the relevant category of vehicle for 1 year after entering in Mongolia.
17.4.Motorized vehicle driving by an international driving license issued by a non-member country of the Vienna Convention Road Traffic shall be prohibited in Mongolia.
Article 18.Expiry of Driving License and Justification of Restoring the License
18.1.Driving license shall expire in the following cases:
18.1.1.Expiry of effective period of driving license;
18.1.2.Driver has been disqualified by a statement of health organization to drive the vehicle of given category;
18.1.3.Demerit points have reached their limit;
18.1.4.Driving license has been deprived of as stated in the relevant law.
18.2.In the event that a person's driving license is ineffective, such person's international driving license shall be deemed ineffective.
18.3.Driving license shall be restored in the following events:
18.3.1.Driving license has been extended pursuant to the relevant procedure;
18.3.2.Driver has been qualified by a statement of health organizations to drive a vehicle of relevant category;
18.3.3.On expiry of a termination of the driving license.
18.4.The Government member in charge of legal affairs shall approve the procedure on termination or restoration of driving license.
CHAPTER FIVE
GENERAL TECHNICAL REQUIREMENTS ON ENSURING TRAFFIC SAFETY
Article 19.Fundamental Requirements on Ensuring Traffic Safety during Planning, Building, Expanding and Maintaining Road and Road Constructions
19.1.Planning, construction, expansion and maintenance of road and road constructions shall be consistent with the requirements on road traffic safety.
19.2.The State administrative body in charge of the relevant inspection shall monitor if planning, construction, expansion and maintenance of road and road constructions is in line with the laws, technical norms, procedures and standards with respect to traffic safety.
19.3.Engineering solutions that will negatively affect traffic safety shall be prohibited during the planning, construction, expansion and maintenance of road and road constructions.
19.4.The Government member in charge of road shall be responsible for ensuring that the planning, construction, expansion and maintenance of road and road constructions have met the relevant traffic safety requirements.
Article 20.Requirement of Ensuring Traffic Safety to Regulate Traffic
20.1.The state administrative body of respective local area in charge of road shall be responsible for organizing traffic regulation work and services.
20.2.Scientific grounds and calculations, research, advanced technology, equipment and optimal engineering solutions shall be used extensively to regulate traffic and execute its design and scheme while sticking to the relevant laws and regulations, technical norms, procedures and standards, provisions of the international treaties to which Mongolia is a party.
20.3.The State central administrative body in charge of road shall formulate national standards on the rules and technical requirements on traffic regulation equipment, road signs and traffic lights while the central standardization body shall approve the same.
20.4.Except as stated in subparagraph 8.2.2 of this Law, any modification, restriction or closure of traffic arrangements or traffic flow and direction shall be prohibited without permission of the state administrative organization in charge of road.
20.5.The relevant entity or organization shall caution with proper signs and instruments and inform on mass media at least 48 hours before changing the traffic arrangement regulation of traffic and placement of a new equipment or modification thereof.
20.6.Any change made to the traffic arrangement by lowering its safety level shall be prohibited.
Article 21.Requirements on Manufacturing, Assembly and Import of Vehicle, Its Design Components, Supplementary Implements and Spare Parts
21.1.The vehicle and the its components, supplementary implements and spare parts manufactured or assembled in Mongolia with the purpose of driving in the country shall meet the technical norms, procedures, standards and traffic safety requirements, which will be proved by the relevant research organization's report/conclusion.
21.2.The imported vehicles and the vehicle components, supplementary implements and spare parts capable of influencing on the safety of the vehicles shall meet the technical norms, procedures, standards and traffic safety requirements and shall be validated with the evaluation or certificate of technical inspection.
21.3.The vehicles and the vehicle components, supplementary implements and spare parts that are banned to use in a foreign country shall be prohibited to import into Mongolia.
21.4.Vehicle shall not be registered without the relevant research organization's evaluation report or technical inspection report, which will demonstrate that the vehicle meets the traffic safety requirements.
21.5.If a design or making of the parts or supplementary implements capable of affecting the safety of the vehicle has been changed, the vehicle shall undergo technical inspection again to get a certificate.
Article 22.Fundamental Requirements on Vehicle Use to Ensure Traffic Safety
22.1.The technical specifications of the vehicle engaging in traffic shall meet the traffic safety requirements fully.
22.2.A list of breakdown or damage and technical failures leading to prohibition of vehicle use shall be defined by a technical standard.
22.3.The inspectors of state road transportation shall undertake inspection on breakdown or damage and technical failures leading to prohibition of vehicle use.
22.4.A vehicle owner shall have the vehicle technical inspection completed periodically.
22.5.Legal entities, which conduct vehicle technical inspection, shall confirm in proper documents that the vehicle meets the traffic safety requirements.
22.6.A vehicle owner/possessor or user shall be responsible for the vehicle's technical completeness and integrity.
Article 23.Basic Requirements on Ensuring Traffic Safety during Technical Maintenance and Repair of Vehicle
23.1.Technical maintenance and repair of the vehicle shall meet the safety requirements to engage in traffic.
23.2.The technical norms, procedure and instructions provided by manufacturer shall be observed to carry out technical maintenance and repair in vehicles.
23.3.Technical maintenance and repair of vehicle shall be regulated by a procedure when carrying out technical maintenance and repair in vehicles.
23.4.The Government member in charge of road transportation shall approve the procedure on carrying out technical maintenance and repair in vehicles.
23.5.The requirements for legal entities that will engage in technical maintenance and repair of vehicles shall be set by a national standard.
23.6.Legal entity which carry out technical maintenance and repair in vehicle shall confirm that the vehicle fully meets the requirements on traffic safety in proper documents.
Article 24.Engaging in Traffic with Special Audible and Visible Signaling Devices in Vehicles
24.1.Engaging in traffic equipping vehicle with special audible and visible signaling devices shall be prohibited except in the vehicles mentioned as follows. Vehicles of the law enforcement, national security organizations and state special security; the vehicles under emergency duties of hospital, veterinary hospital, power, heating, water, telecommunications, industrial accidents; the vehicles of emergency operations of security services and insurance; and the vehicles of urban service, special purpose towing, technical inspection, road maintenance and inspection.
24.2.The Government member in charge of legal affairs shall approve the procedure on use of special audible and visible signaling devices in vehicles.
24.3.Color and mark of the vehicle fitted with visible and audible signals, record and sound of audible signal, and color and frequency of visible signal shall be established by a national standard.
24.4.The procedure on engaging in traffic with audible and visible signals shall be established by the Traffic Rules.
CHAPTER SIX
LIABILITY FOR THE VIOLATORS OF THE LAW
Article 25.Liability for the Violators of the Law
25.1.In case that the actions by a civil servant violating this Law have not a criminal nature, they shall be subject to liabilities specified in the Civil Service Law.
25.2.Any person or legal entity violating this Law shall be subject to liabilities specified in the Criminal Law or the Law on Violations.
/This article was modified according to the law of December 4, 2015/
Article 26.The persons who are not entitled to drive vehicle
26.1.If any person, who is not entitled to drive vehicle (except having a driving practice) or whose driving license has been deprived, has driven a vehicle, such person shall be fined by an amount equal to minimum monthly wage.
26.2.If any vehicle is transferred for driving to a person, who is not entitled to drive vehicle (except having a driving practice) or whose driving license has been deprived, a fine equal to the minimum monthly wage shall be imposed.
/This article was invalidated according to the law of December 4, 2015/
Article 27.Driving a Vehicle under the Influence of Alcohol, Drug or Psychotropic Medicines
27.1.If any person, who is under the influence of alcohol, drug or psychotropic medicines, has driven a vehicle or avoided to have inspected duly, such person shall be fined by an amount equal to twice the minimum monthly wage and a driving license shall be deprived for the period from six months to two years.
27.2.If any vehicle is transferred for driving to a person, who is under the influence of alcohol, drug or psychotropic medicines, the penalty shall be the fine equal to fifty percent of the minimum monthly wage.
27.3.If any person, who is not entitled to drive or whose driving license has been deprived, has driven a vehicle when he/she is under the influence of alcohol, drug or psychotropic medicines, such person shall be fined by an amount equal to twice to four times the minimum monthly wage and detained for 7-30 days.
/This paragraph was modified according to the law of January 19, 2017/
27.4.If the violation set forth in Article 27.1 of this Law has been committed repeatedly, the penalty shall be a detention for 30 days and termination of a driving license for 3 years.
/This article was invalidated according to the law of December 4, 2015/
Article 28.Driving when sick, fatigued or not having an ability to ensure Traffic Safety
28.1.If any person has driven a vehicle when he/she is sick or fatigued to the extent of not having an ability to ensure the traffic safety, the penalty of a fine equal to 25 percent of the minimum monthly wage shall be imposed.
28.2.If any vehicle is transferred for driving to a person who is sick or fatigued to the extent of not having an ability to ensure the traffic safety, the penalty of a fine equal to 10 percent of the minimum monthly wage shall be imposed.
/This article was invalidated according to the law of December 4, 2015/
Article 29.Driving a Vehicle without the Relevant Documentation of the Vehicle
29.1.If any person has driven a vehicle without the documentation set forth in the Traffic Rules, the penalty of a fine equal to 25 percent of the minimum monthly wage shall be imposed.
29.2.If any driver transfers his/her vehicle to a person, who does not have a documentation set forth in the Traffic Rules, the penalty of a fine equal to 10 percent of the minimum monthly wage shall be imposed.
/This article was invalidated according to the law of December 4, 2015/
Article 30.Driving a Vehicle which was not undergone State Registry and Technical Inspection
30.1.If any vehicle not listed in state registration as prescribed in laws and regulations, was driven, the citizen shall be fined by an amount equal to 50 percent of the minimum monthly wage and legal entity shall be fined by an amount equal to the minimum monthly wage.
30.2.If any vehicle not checked by technical inspection as prescribed in laws and regulations or failed to pass the technical inspection, was driven, the citizen shall be fined by an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 31.Driving a Vehicle with Violation in Plate Number
31.1.If any plate number of a vehicle is wiped out or unclear or is placed improperly, the plate number shall be confiscated and the citizen shall be fined by an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to the minimum monthly wage.
31.2.If any person has driven a vehicle without a plate number or a hidden plate number, the citizen shall be fined by an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to twice the minimum monthly wage.
31.3.If any person has driven a vehicle with a fake plate number, the citizen shall be fined by an amount equal to the minimum monthly wage and driving license shall be deprived of for a year while a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 32.Driving Incomplete Vehicle
32.1.If any person has driven an incomplete or banned vehicle except as provided in 32.2 and 32.3 of this Law, a fine equal to 10 percent of the minimum monthly wage shall be imposed.
32.2.If any person has driven a vehicle with faulty braking system, steering mechanism and broken coupling of trailer and incomplete exterior lighting when it is dark or the visibility is inadequate, a fine equal to 25 percent of the minimum monthly wage shall be imposed.
32.3.If any person has driven a vehicle fitted with audible and visible signaling devices, which are prohibited under this Law, a fine equal to 50 percent of the minimum monthly wage shall be imposed.
/This article was invalidated according to the law of December 4, 2015/
Article 33.Noncompliance of Requirements set by Authorized Persons
33.1.Should a lawful requirement of an authorized inspection officer is not observed, a fine equal to 10 percent of the minimum monthly wage shall be imposed.
33.2.If the right of way is not provided to the driver of a vehicle of which audible and visible signaling device is switched on, a fine equal to 10 percent of the minimum monthly wage shall be imposed.
/This article was invalidated according to the law of December 4, 2015/
Article 34.Noncompliance of Obligations by the Driver Engaged in Traffic accident
34.1. If the noncompliance of the driver who is engaged in traffic accident is not subject to criminal liability, he/she shall be fined by an amount equal to 50 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 35.Violation of Procedure on Wearing Seatbelt and Protective Helmet
35.1. If any driver or passenger does not wear a seatbelt as stated in the Traffic Rules, they shall be fined by an amount equal to 5 percent of the minimum monthly wage.
35.2. If any motorcycle or moped driver and passenger do not wear a protective helmet, they shall be fined by an amount equal to 5 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 36.Violation of Procedure on Using Cellphone during Driving
36.1.If any person uses a cellphone while driving, he/she shall be fined by an amount equal to 5 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 37.Violation of Traffic Regulation Signals
37.1.If any driver engages in traffic has violated a police officer's prohibition signal or traffic light, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 38.Violation of Procedure on Using Warning Signal
38.1.If any driver has violated a procedure on using audible signal of a vehicle set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
38.2.If any driver has violated a procedure on using the accident signal or emergency stop sign set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 39.Violation of Procedure on Starting Movement and Changing Direction
39.1.If any driver has failed to fulfil the requirement of providing the right of way to the privileged vehicle as set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
39.2.If any driver has violated the procedure on taking the lane and position when he/she changes the direction as set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
39.3.If any driver has made U-turn or reverses on a prohibited area as set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 40.Violation of Procedure on Taking the Lane
40.1.If any driver has driven a car outside the carriageway or over the sidewalks and verges or passes through or takes a position among the vehicles or people going in a column or on a march violating the provision of the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
40.2.If any driver has driven against the flow of traffic as prohibited in the Traffic Rules, he/she shall be fined by an amount equal to 50 percent of the minimum monthly wage and a driving right shall be terminated for the period from six months to one year.
/This article was invalidated according to the law of December 4, 2015/
Article 41.Driving over the Speed Limit or Too Slowly
41.1.If any driver has exceeded the permissible speed limit by up to 50 percent violating the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
41.2.If any driver has exceeded the permissible speed limit of a vehicle by over 50 percent violating the Traffic Rules, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage and a driving right shall be terminated for the period of six months.
41.3.If any driver brakes suddenly triggering a hazardous condition when it is not required or drives too slowly without a valid ground delaying others' movement, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 42.Violation of Procedure on Overtaking
42.1.If any driver has overtaken violating the provisions of overtaking set forth in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
42.2.If any driver has performed the act set forth in 44.1 of this Law in the area where overtaking is prohibited as prescribed in the Traffic Rules, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage
/This article was invalidated according to the law of December 4, 2015/
Article 43.Violation of Procedure on Brief or Overlong Stop
43.1.If any driver has violated the provisions 43.2 and 47.1 of the Traffic Rules by stopping the vehicle briefly or overlong, he/she shall be fined by an amount equal to 5 percent of the minimum monthly wage.
43.2.If any driver has violated the provisions of the Traffic Rules by stopping the vehicle on the carriageway briefly or overlong and blocking the movement of other vehicles or stops on pedestrian crosswalk unpermitted by the road signs hindering movement of pedestrians, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 44.Violation of Procedure on Driving through Crossroad and Pedestrian Crosswalk
44.1.If any driver has not given way to pedestrians standing on crosswalk or crossroad when he/she drives through the crossroad, he/she shall be fined by an amount equal to 5 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 45.Violation of Procedure on Crossing Railroad Pass
45.1.If any driver has crossed the railroad where there is no pass or continued driving when the railroad pass is closed or warning sign is switched on, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 46.Violation of Procedure on Exterior Lighting
46.1.If any driver has failed to observe the requirement on changing headlight to low beam or violates the procedure on using exterior lighting of vehicle as stated in Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 47.Violation of Procedure on Movement within Residential District
47.1.If any driver has violated the procedure on movement within a residential district as stated in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 48.Violation of Procedure on Highway
48.1.If any driver has violated the procedure on highway as stated in the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 49.Violation of Procedure on Having Driving Practice
49.1.If a driving instructor violates the procedure on having a driving practice as stated in the Traffic Rules, he/she shall be fined by an amount equal to 15 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 50.Violation of Procedure on Towing Vehicle
50.1.If a driver violates the procedure on towing a vehicle as stated in the Traffic Rules, he/she shall be fined by an amount equal to 15 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 51.Violation of Procedure on Transporting of Passengers
51.1.If a driver violates the procedure on transporting passengers as stated in the Traffic Rules, he/she shall be fined by an amount equal to 50 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 52.Violation of Procedure on Transporting of Freight
52.1.If a driver violates the procedure on transporting bulk or hazardous or toxic freight as stated in the Traffic Rules, he/she shall be fined by an amount equal to the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
52.2.If a driver violates the procedure on transporting of freight except as stated in 52.1 of this Law, he/she shall be fined by an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to three times the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 53.Violation of Provisions on Road Signs and Markings
53.1.If a driver makes a left turn or U-turn violating the provisions on the road signs and markings, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage.
53.2.If a driver violates the provisions on the actual weight of a vehicle or a limit of load on axle, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to the minimum monthly wage.
53.3.If a driver violates the provisions on the road signs and markings otherwise as prescribed in Articles 53.1 and 53.2 of this Law, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
Article 54.Violation of Laws and Regulations on Traffic Safety by Commuters other than Drivers
54.1.If a citizen or legal entity fails to fulfil the obligations prescribed in 13.2.5 of this Law, the citizen shall be fined by an amount equal to 10 percent of the minimum monthly wage and the legal entity shall be fined by an amount equal to the minimum monthly wage.
54.2.If a citizen or legal entity has failed to fulfil the obligations prescribed in 13.2.1, 13.2.4 and 13.2.6 of this Law, the citizen shall be fined by an amount equal to 25 percent of the minimum monthly wage and the legal entity shall be fined by an amount equal to twice the minimum monthly wage.
54.3.If a citizen or legal entity has failed to fulfil the obligations prescribed in 13.2.3 of this Law, the citizen shall be fined by an amount equal to 50 percent of the minimum monthly wage and the legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.4.If a pedestrian violates the Traffic Rules, he/she shall be fined by an amount equal to 10 percent of the minimum monthly wage.
54.5.If a pedestrian violates the Traffic Rules when he/she is drunk, he/she shall be fined by an amount equal to 25 percent of the minimum monthly wage.
54.6.If the violation of 13.2.7 of this Law leads to a breach of traffic safety, a fine equal to the minimum monthly wage shall be imposed on parents, guardians or the relevant personnel of educational institution of all level.
54.7.If a citizen demands or forces the person, who is not entitled to drive vehicle (except having a driving practice) or whose driving right has been deprived of, or who is under the influence of alcohol, drug or psychotropic medicines, to drive a vehicle, the citizen shall be fined by an amount equal to 25 percent of the minimum monthly wage while the legal entity be fined by an amount equal to five times the minimum monthly wage.
54.8.If a vehicle is driven by a person, who is sick or fatigued to the extent of not having an ability to ensure the traffic safety, the citizen shall be fined by an amount equal to 10 percent of the minimum monthly wage, while the legal entity be fined by an amount equal to three times the minimum monthly wage.
54.9.If a driver's labor and rest regime is violated or is not pursuant to the relevant laws or driver's duties are not arranged consistently with the traffic safety requirements, the citizen shall be fined by an amount equal to the minimum monthly wage, while legal entity be fined by an amount equal to three times the minimum monthly wage.
54.10.If road or road constructions are damaged, the damage shall be compensated and a citizen shall be fined by an amount equal to 10 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to the minimum monthly wage.
54.11.If a citizen or legal entity builds a road or road construction on the carriageway or lanes or control lanes of the road without permission, or holds any event which impedes the road maintenance or any event hazardous to the commuters, or dumps or piles waste, wastewater, rocks, metals or other items on the carriageway or traffic lanes, or conducts trade and service on the road lines, or performs other events irrelevant to the road use, or drives a full-track or heavy duty vehicle with size and load exceeding the technical specifications of the road or road constructions while not having a special protection or permission, the damage shall be compensated and the citizen shall be fined by an amount equal to 25 percent of the minimum monthly wage and the legal entity shall be fined by an amount equal to three times the minimum monthly wage.
54.12.If a traffic flow or direction is changed or closed or the traffic is regulated without permission, the damage shall be compensated and the citizen shall be fined by an amount equal to the minimum monthly wage while the legal entity be fined by an amount equal to three times the minimum monthly wage.
54.13.If road signs and markings or traffic regulation equipment are changed without permission or relocated newly or confiscated, the damage shall be compensated and the citizen shall be fined by an amount equal to 50 percent of the minimum monthly wage while the legal entity shall be fined by an amount equal to three times the minimum monthly wage.
54.14.If a railroad pass is put, changed or repaired without permission stopping the traffic or movement, personnel shall be fined by an amount equal to the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.15.If a commuter gets wrong information due to incomplete positioning of road signs, markings, traffic lights, roadblocks, signposts and obstructs traffic safety which becomes a prerequisite to a traffic accident or crime, the citizen shall be fined by an amount equal to twice the minimum monthly wage, while the legal entity be fined by an amount equal to five times the minimum monthly wage.
54.16.If a failure of undertaking road maintenance and repair in accordance with the relevant standards results in restriction to traffic safety and becomes a prerequisite to a traffic accident or crime, the incurred loss shall be compensated by the relevant officer, entity or organization and a personnel shall be fined by an amount equal to three times the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.17.If an activity against traffic safety is executed causing damage or defect to a road or its carriageway, or road is cut or broken or pass or parking lot or decelerator is built without a permission to lay or expand engineering lines, the incurred loss shall be compensated and a personnel shall be fined by an amount equal to three times the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.18.If an absence or loss or collapse of a cover of manholes or storm drains on the road, or failure of placing the cover at the same level with the carriageway causes a prerequisite to a traffic accident or crime or causes a traffic accident or crime, the incurred damage shall be compensated and remedied by the relevant entity or organization and a personnel shall be fined by an amount equal to the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.19.If a personnel or employee of the road use and urban development organization fails to undertake his/her obligations of making the road, railroad pass, other road constructions and traffic regulating equipment available in accordance with the relevant norms, procedures and standards, or fails to take immediate measures to remedy or clean the damaged road or gliding on the road which may cause a traffic accident or crime, the incurred loss shall be compensated and the violation shall be eliminated and a personnel shall be fined by an amount equal to three times the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.20.If a damage or defect of the lights on and along the road becomes a condition of or causes a traffic accident or crime, the incurred loss shall be compensated by the relevant person and the violation shall be remedied and a personnel shall be fined by an amount equal to twice the minimum monthly wage and a legal entity shall be fined by an amount equal to five times the minimum monthly wage.
54.21.If the objects which will obstruct the use of road signs and traffic regulation equipment are placed, the violation shall be remedied and the incurred loss shall be compensated and a citizen shall be fined by an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined by an amount equal to three times the minimum monthly wage.
/This article was invalidated according to the law of December 4, 2015/
CHAPTER SEVEN
MISCELLANEOUS
Article 55.Entry into force of this Law
55.1.This Law shall enter into force on September 1, 2015.
CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA Z.ENKHBOLD