LAW OF MONGOLIA
July 8, 2015 Ulaanbaatar city
TRAFFIC SAFETY
/New revision/
CHAPTER ONE
General Provisions
Article 1.Purpose of the law
1.1.The purpose of this law is to define legal ground for and regulate relations associated with traffic safety in the territory of Mongolia.
Article 2.Legislation
2.1.Legislation on traffic safety shall consist of the Constitution of Mongolia, this law and other legislative acts passed in line therewith.
2.2.If international treaties to which Mongolia is signatory state otherwise than this law, the provisions of such international treaties shall prevail.
Article 3.Definitions of terms
3.1.In this Law the following terms 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 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 facilities 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 preventing 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 go on foot (except those who perform duties on the road), are in demonstration or on wheelchairs and draw a cart or a sleigh or a motorcycle or a moped or a bike on the road.
Article 4.Integrated Traffic Rule
4.1.The integrated traffic regulation for common compliance in the territory of Mongolia shall be established by the Traffic Rule.
4.2.The Government shall approve the Traffic Rule.
4.3.The Traffic Rules will reflect the categories of motorized vehicles, age limit for driving such category vehicles, 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 breaches/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 check 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 strategy and programs on ensuring traffic safety;
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 programmes on ensuring traffic safety;
6.1.6.to adopt a structure, composition, organization and procedure of a National Council onTraffic Safety.
Article 7.National Council on Traffic Safety
7.1.The National Council on Traffic Safety ("National Council") shall be responsible for organizing nationwide traffic safety activities.
7.2.The National Council Head shall be the Prime Minister.
7.3.The National Council shall report annually to the State Great Khural.
7.4.The National Council shall have a temporary structure composed of equal involvement of the representatives of the cabinet members and agency heads that fulfill functions related to ensuring traffic safety, professional associations and non-governmental organizations.
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 draft national strategies, programmes, 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 if 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, make analysis, give directions and issue reports;
7.6.6.to incorporate a traffic safety awareness training in pre-school and secondary school curricula and oversee the implementation thereof;
7.6.7.to oversee or 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 clarification issued;
7.6.9.to publicize the safe traffic interaction 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
8.1.The Police shall have the following duties to ensure traffic safety:
8.1.1.to oversee the implementation of administrative acts on traffic safety;
8.1.2.to regulate the traffic in order to ensure safe, normal travel of participants.
8.2.The Police shall exercise the following rights to ensure traffic safety:
8.2.1.to stop, mobilize, detain or remove 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, restrain or close the traffic flow or direction with the aim of ensuring traffic safety;
8.2.3.to check drivers by means of kits if they are under the influence of alcohol, drug or psychotropic medicines;
8.2.4.to impose administrative punishment and add demerit points as prescribed by law on those who violate the Traffic Rules and relevant provisions of this law;
In accordance with respective law, impose the liability specified by the Offence law, calculate offfence score;
/This part was revised by the law of 04 Dec 2015/
8.2.5.to affiliate the technical inspection units of the armed forces and border forces in terms of professional engagement on ensuring traffic safety.
8.3.Procedure on traffic regulation, inspection, imposition of fines in a non-cash form and demerit point calculation shall be approved by the Cabinet member in charge of legal affairs.
/This paragraph was amended by the law of 10 January 2020/
8.4.The procedure stated in Article 8.3 of this law shall incorporate the following:
8.4.1.Patrol route coverage areas, inspection methods and forms, road and road facilities, traffic regulation equipment, control of vehicles, record and settlement of breaches, safeguard of traffic accident scenes, mobilization or stopping or search or detention or removal 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 the Non-cash Fine Imposition Procedure;
/This paragraph was annulled by 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, liabilities, and delivering information to individuals in the Demerit Point Calculation Procedure.
Article 9.Rights and Duties of Aimag, Capital city, Soum and District's Citizens Representative Khurals and Governors
9.1. Citizens' Representatives' Khurals shall exercise the following rights to ensure traffic safety:
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 Article 63.1, Police Law[2]in order to ensure traffic safety in own territory.
/This part was revised by the law of 09 Feb, 2017/
9.2.Aimag, Capital city, Soum and District Citizens' Representatives' Khurals shall undertake the following duties in respect of ensuring traffic safety:
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;
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 in respect of ensuring traffic safety:
9.3.1.to set or change public transport routes and parking location in their respective localities;
9.3.2.to give a permission to conduct trade and service or organize competition or demonstration and meeting or other activities on or adjacent to the road;
9.3.3.to impose penalty on violations of common administrative acts of respective locality in respect of traffic safety.
9.4.Aimag, Capital city, Soum and District Governors shall undertake the following duties in respect of ensuring traffic safety:
9.4.1.to develop and implement a program on preventing 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 in respect of traffic safety laws and regulations among citizens;
9.4.4.to obligate legal entities and citizens of the locality 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 facilities, 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 facilities 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 traffic safety activities of the locality to the Citizens' Representatives' Khural at least twice a year.
9.5.Aimag, 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 sub-paragraph was added by the law of 10 January, 2020/
Article 10.Central Registry of Traffic Safety
10.1.Central Registry of Traffic Safety will 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 facilities which may cause hazard to traffic in the Registry of Road and Road Facilities 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.
10.2.The registry set forth in Article 10.1.1 of this law shall be maintained by the State administrative body in charge of road transportation, the registry set forth in Article 10.1.2 of this law shall be maintained by the State central administrative body in charge of road, the registry set forth in Article 10.1.4 of this law shall be maintained by the State central administrative body in charge of vocational education and training, the registry set forth in Article 10.1.3 and 10.1.5 of this law shall 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, the registry set forth in Article 10.1.7 of this law shall be maintained by the Financial Regulatory Commission, and the registry set forth in Article 10.1.8 of this law shall be maintained by the State administrative body in charge of taxation.
10.3.The National Council shall approve a procedure which will regulate the relations associated with maintaining the integrated registry and sub registry, and providing 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.
10.5.Citizens and legal entities may get information or reference from the integrated traffic safety registryand information database as prescribedin Article 10.3 of this law.
Article 11.Medical 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 to prevent from traffic accidents and rescue human life:
11.1.1.to implement training and advocacy programs among citizens in respect of rendering first aid to a victim of a traffic accident;
11.1.2.to provide medical care to victims of traffic accident;
11.1.3.to ensure quality and promptness of medical emergency care services and rehabilitation treatment to be provided to the 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 Cabinet member in charge of health shall approve a procedure on health requirements for drivers, medical check-up of drivers, a template of medical check-up sheet, a list of clinics which will offer medical check-up, a list of 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 Cabinet members in charge of health and legal affairs shall approve a guidance on recording if drivers are under the influence of alcohol or drug or psychotropic medicines and the number of the injured and died 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.Commuters' right to safe engagement in traffic shall be safeguarded 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 get the damage compensated as permitted in law that caused due to a traffic accident.
12.3.Commuters shall 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 for ensuring traffic safety;
13.1.2.to demand the relevant organizations or officers to maintain and repair the road damage or pothole 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 first aid to those affected by a road accident;
13.2.3.to not 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 officers of educational institutions of all levels not to engage the children up to 10 in traffic alone;
13.2.8.to observe the lawful demand of an authorized person in respect of 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 organization's internal procedure and ensure the implementation thereof.
CHAPTER FOUR
VEHICLE DRIVING RIGHT
Article 14.Preparing Vehicle Drivers
14.1.Training to prepare motorized vehicle drivers and examination of driving right shall be regulated by the procedure on preparing the vehicle drivers and examination of driving right.
14.2.The Cabinet 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 Cabinet members in charge of vocational education and training as well as legal affairs shall collectively adopt a procedure on the operation of a driving right testing center and the driving right examination procedure.
14.4.Central standardization body shall approve the standards of the educational institutions to prepare drivers and the driving right 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 right 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 right 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.Citizens may learn the theory of driving independently and shall take the practical credit classes at the driving field and in traffic, after which he/she will be entitled to take the driving right examination.
Article 15.Granting a Driving Right
15.1.The citizens who meet the following requirements shall be given the right to motorized vehicle driving:
15.1.1.be at the 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 will be responsible for issuing and registering of national driving licenses and international driving licenses.
15.4.The Cabinet 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 Cabinet member in charge of legal affairs shall 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 basing 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 Right
17.1.Motorized vehicle driving (excluding driving practice) shall be permitted on the territory of Mongolia by Mongolian citizens who hold a driving license of Mongolia.
17.2.Mongolian driving license shall be issued for 10 years and international driving license of Mongolia shall be issued for 3 years. Should the effective period of a driving license is not over 3 years when the indernational driving license is issued, its effective period shall be limited by such period.
17.3.Foriegn citizens, who hold a driving license issued by a member country of the Vienna Convention on Road Traffic or a driving 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 Right and Justification of Restoring the Right
18.1.Driving right shall expire in the following cases:
18.1.1.effective period of a driving license expires;
18.1.2.driver's medical inability has been proved by a statement of health organizations;
18.1.3.demerit points reached the limit;
18.1.4.invalidated the driving right 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 right shall be restored in the following events:
18.3.1.a driving license is extended pursuant to the relevant procedure;
18.3.2.driver's medical ability to drive a relevant category vehicle has been proved by a statement of health organizations;
18.3.3. on expiry of a termination of the driving right.
18.4.The Cabinet member in charge of legal affairs shall approve the procedure on terminating or restoring a driving right.
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 Facilities
19.1.Planning, construction, expansion and maintenance of road and road facilities shall be consistent with the road traffic safety requirements.
19.2.The State administrative body in charge of the relevant inspection shall monitor if planning, construction, expansion and maintenance of road and road facilities is in line with the laws, technical norms, procedures and standards in respect of traffic safety.
19.3.Engineering solutions which will negatively impact on traffic safety shall be prohibited during the planning, construction, expansion and maintenance of road and road facilities.
19.4.The Cabinet member in charge of road shall be responsible for ensuring the planning, construction, expansion and maintenance of road and road facilities meets the relevant traffic safety requirements.
Article 20.Requirement of Ensuring Traffic Safety to Regulate Traffic
20.1.The state administrative body of respective locality in charge of road shall be responsible for organizing traffic regulation works 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 stated in Article 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.Making changes to the traffic arrangement by lowering its safety level shall be prohibited.
Article 21.Requirements on Manufacturing, Assembling and Importing Vehicles, Vehicle Components and Spare Parts
21.1.The vehicles and the vehicle 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 which are banned to be used in a foreign country shall be prohibited to import to Mongolia.
21.4.Vehicles 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 is changed, the vehicle shall be involved in 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 breaches leading to prohibition of vehicle use shall be defined by a technical standard.
22.3.Inspection of breakdown or damage and technical breaches leading to prohibition of vehicle use shall be undertaken by state road transportation inspectors.
22.4.A vehicle owner shall have the vehicle technical inspection 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 duringTechnical Servicing 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 a manufacturer shall be observed to do technical maintenance and repair in vehicles.
23.3.Technical maintenance and repair of the vehicle shall be regulated by a procedure on doing technical maintenance and repair in vehicles.
23.4.The Cabinet member in charge of road transportation shall approve the procedure on doing 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 does a technical maintenance and repair in vehicle shall confirm in proper documents that the vehicle fully meets the requirements on traffic safety.
Article 24.Engaging in Traffic with Special Audible and Visible Signaling Devices in Vehicles
24.1.Engaging in traffic with special vehicle audible and visible signaling devices shall be prohibited except in the 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 Cabinet 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 TO BREACH OF LAW
Article 25.Liability to breach of law
25.1.Unless an official who has breached this law is subject to criminal liability, and law otherwise provided, he or she shall be held liable as provided by the Law on Public Service.
25.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal law or Law on Offence.
/This Article has been revised by the law of 04 December, 2015/
Article 26.The persons who are not entitled to drive vehicle
26.1.If a person, who is not entitled to drive vehicle (except having a driving practice) or whose driving right has been deprived, drives a vehicle, such person shall be fined an amount equal to minimum monthly wage.
26.2.If a vehicle is transferred for driving to a person, who is not entitled to drive vehicle (except having a driving practice) or whose driving right has been deprived, a fine equal to the minimum monthly wage shall be imposed.
/This article was annulled by the law of 04 December, 2015/
Article 27.Driving a Vehicle under the Influence of Alcohol, Drug or Psychotropic Medicines
27.1.If a person, who is under the influence of alcohol, drug or psychotropic medicines, drives a vehicle or has avoided to get inspected duly if he/she is under the influence of alcohol, drug or psychotropic medicines, such person shall be fined an amount equal to twice the minimum monthly wage and a driving right shall be deprived for the period from six months to two years.
27.2.If a 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 a person, who is not entitled to drive or whose driving right has been deprived, drives a vehicle when he/she is under the influence of alcohol, drug or psychotropic medicines, such person shall be fined an amount equal to twice to four times the minimum monthly wage and detained for 7-30 days.
27.4.If the violation set forth in Article 27.1 of this law is committed repeatedly, the penalty shall be a detention for 30 days and termination of a driving right for 3 years.
/This article has been annulled by the law of 04 December 2015/
Article 28.Driving when Sick or Fatigued or not Having an Ability to Ensure Traffic Safety
28.1.If a person drives 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 a 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 has been annulled by the law of 04 December 2015/
Article 29.Driving a Vehicle without the Relevant Documentation of the Vehicle
29.1.If a person drives 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 a 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 has been annulled by the law of 04 December 2015/
Article 30.Driving a Vehicle which is not undergone a State Registry and Technical Inspection
30.1.If a vehicle, which is not listed in state registration as prescribed in laws and regulations, is driven, a citizen shall be fined an amount equal to 50 percent of the minimum monthly wage and legal entity shall be fined an amount equal to the minimum monthly wage.
30.2.If a vehicle, which is not checked in technical inspection as prescribed in laws and regulations or did not pass the technical inspection, is driven, a citizen shall be fined an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 31.Driving a Vehicle with Fault in Plate Number
31.1.If a plate number of a vehicle is wiped out or unclear or is placed improperly, the plate number shall be confiscated and a citizen shall be fined an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to the minimum monthly wage.
31.2.If a person is driving avehicle without a plate number or a plate number is hidden, a citizen shall be fined an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to twice the minimum monthly wage.
31.3.If a person is driving avehicle with a fake plate number, a citizen shall be fined an amount equal to the minimum monthly wage and a driving right shall be terminated for a year while a a legal entity shall be fined an amount equal to five times the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 32.Driving Incomplete Vehicle
32.1.If a person is driving an incomplete or banned vehicle except as provided in Article 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 a person is driving a vehicle of which a braking system and steering mechanism do not operate; the coupling of a trailer gets broken; exterior lighting is incomplete 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 a person is driving 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 has been annulled by the law of 04 December 2015/
Article 33.Noncompliance of Requirements of 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 has been annulled by the law of 04 December 2015/
Article 34.Noncompliance of Obligations by the Driver Engaging 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 an amount equal to 50 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 35.Violation of Procedure on Wearing Seatbelt and Protective Helmet
35.1.If a driver or passenger does not wear a seatbelt as stated in the Traffic Rules, they shall be fined an amount equal to 5 percent of the minimum monthly wage.
35.2.If a motorcycle or moped driver and a passenger do not wear a protective helmet, they shall be fined an amount equal to 5 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 36.Violation of Procedure on Using Cellphone during Driving
36.1.If a person uses a cellphone when he/she is driving, he/she shall be fined an amount equal to 5 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 37.Violation of Traffic Regulation Signals
37.1.If a driver engages in traffic violating a police officer's prohibition signal or traffic light, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 38.Violation of Procedure on Using Warning Signal
38.1.If a driver violates a procedure on using audible signal of a vehicle set forth in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
38.2.If a driver violates a procedure on using the accident signal or emergency stop sign set forth in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 39.Violation of Procedure on Starting Movement and Changing Direction
39.1.If a driver fails 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 an amount equal to 10 percent of the minimum monthly wage.
39.2.If a driver violates 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 an amount equal to 10 percent of the minimum monthly wage.
39.3.If a driver makes a U-turn or reverses on a prohibited area as set forth in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 40.Violation of Procedure on Taking the Lane
40.1.If a driver drives 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 an amount equal to 10 percent of the minimum monthly wage.
40.2.If a driver goes against the flow of traffic as prohibited in the Traffic Rules, he/she shall be fined 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 has been annulled by the law of 04 December 2015/
Article 41.Driving over the Speed Limit or Too Slowly
41.1.If a driver exceeds the permissible speed limit by up to 50 percent violating the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
41.2.If a driver exceeds the permissible speed limit of a vehicle by over 50 percent violating the Traffic Rules, he/she shall be fined 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 a 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 an amount equal to 25 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 42.Violation of Procedure on Overtaking
42.1.If a driver overtakes violating the provisions of overtaking set forth in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
42.2.If a driver performs the act set forth in Article 44.1 of this law in the area where overtaking is prohibited as prescribed in the Traffic Rules, he/she shall be fined an amount equal to 25 percent of the minimum monthly wage
/This article has been annulled by the law of 04 December 2015/
Article 43.Violation of Procedure on Brief or Overlong Stop
43.1.If a driver violates the provisions of Articles 43.2 and 47.1 of the Traffic Rules stopping the vehicle briefly or overlong, he/she shall be fined an amount equal to 5 percent of the minimum monthly wage.
43.2.If a driver violates the provisions of the Traffic Rules stopping the vehicle on the carriageway briefly or overlong and blocking the movement of other vehicles, or stops on pedestrian crosswalk or sidewalk unpermitted by the road signs hindering the movement of pedestrians, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 44.Violation of Procedure on Driving through Crossroad and Pedestrian Crosswalk
44.1.If a driver does not give way pedestrians standing on crosswalk or crossroad when he/she drives through the crossroad, he/she shall be fined an amount equal to 5 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 45.Violation of Procedure on Crossing Railroad Pass
45.1.If a driver crosses the railroad where there is no pass or continues driving when the railroad pass is closed or warning sign is switched on, he/she shall be fined an amount equal to 25 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 46.Violation of Procedure on Exterior Lighting
46.1.If a driver fails to observe the requirement of changing a headlight to low beam or violates the procedure on using exterior lighting of a vehicle as stated in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 47.Violation of Procedure on Movement within Residential District
47.1.If a driver violates the procedure on movement within a residential district as stated in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
Article 48.Violation of Procedure on Highway
48.1.If a driver violates the procedure on highway as stated in the Traffic Rules, he/she shall be fined an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 an amount equal to 15 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 an amount equal to 15 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 an amount equal to 50 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 an amount equal to the minimum monthly wage and a legal entity shall be fined an amount equal to five times the minimum monthly wage.
52.2.If a driver violates the procedure on transporting of freight save for as stated in Article 52.1 of this law, he/she shall be fined an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to three times the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 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 an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined anamount 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 an amount equal to 10 percent of the minimum monthly wage.
/This article has been annulled by the law of 04 December 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 Article 13.2.5 of this law, a citizen shall be fined an amount equal to 10 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to the minimum monthly wage.
54.2.If a citizen or legal entity fails to fulfil the obligations prescribed in Articles 13.2.1, 13.2.4 and 13.2.6 of this law, a citizen shall be fined an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to twice the minimum monthly wage.
54.3.If a citizen or legal entity fails to fulfil the obligations prescribed in Articles 13.2.3 of this law, a citizen shall be fined an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to five times the minimum monthly wage.
54.4.If a pedestrian violates the Traffic Rules, he/she shall
be fined 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 an amount equal to 25 percent of the minimum monthly wage.
54.6.If the violation of Article 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 terminated, or who is under the influence of alcohol, drug or psychotropic medicines, to drive a vehicle, a citizen shall be fined an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined 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, a citizen shall be fined an amount equal to 10 percent of the minimum monthly wage and a legal entity shall be fined 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 a driver's duties are not arranged consistently with the traffic safety requirements, a personnel shall be fined an amount equal to the minimum monthly wage and a legal entity shall be fined an amount equal to three times the minimum monthly wage.
54.10.If road or road facilities are damaged, the damage shall be compensated and a citizen shall be fined an amount equal to 10 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to the minimum monthly wage.
54.11.If a citizen or legal entity builds a road or road facilities on the carriageway or lanes or control lanes of the road without permission of authorities, or holds any event which impedes the road maintenance or any event hazardous to the commuters, or dumps or puts or piles waste, wastewater, rocks, metals or other items on the carriageway or verges or traffic lanes, or conducts trade and service on the road lines, or performs other events irrelevant to the road use, or while not having a special protection or permission drives a full-track or heavy duty vehicle of which size and load are over the technical specifications of the road or road facilities, the damage shall be compensated and a citizen shall be fined an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined 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 breach shall be remedied and a citizen shall be fined an amount equal to the minimum monthly wage and a legal entity shall be fined 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 breach shall be remedied and a citizen shall be fined an amount equal to 50 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to three times the minimum monthly wage.
54.14.If a railroad pass is established or changed or repaired without permission stopping the traffic or movement, a personnel shall be fined an amount equal to the minimum monthly wage and a legal entity shall be fined 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 and markings, traffic lights, roadblocks and signposts and hinders traffic safety which becomes a prerequisite to a traffic accident or crime, a citizen shall be fined an amount equal to twice the minimum monthly wage and a legal entity shall be fined 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 remedied by the relevant officer, entity or organization and a personnel shall be fined an amount equal to three times the minimum monthly wage and a legal entity shall be fined an amount equal to five times the minimum monthly wage.
54.17.If an activity against traffic safety is executed, including, a damage or defect is caused to a road or its carriageway, or road is cut or broken or a 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 an amount equal to three times the minimum monthly wage and a legal entity shall be fined 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 and breach shall be compensated and remedied by the relevant entity or organization and a personnel shall be fined an amount equal to the minimum monthly wage and a legal entity shall be fined an amount equal to five times the minimum monthly wage.
54.19.If a personnel or employee of the road use and city development organizations fails to undertake his/her obligations of making available of the road, railroad pass, other road facilities and traffic regulating equipment 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 an amount equal to three times the minimum monthly wage and a legal entity shall be fined 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 breach shall be remedied and a personnel shall be fined an amount equal to twice the minimum monthly wage and a legal entity shall be fined an amount equal to five times the minimum monthly wage.
54.21.If the objects which will hinder the use of road signs and traffic regulation equipment are placed, the breach shall be remedied and the incurred loss shall be compensated and a citizen shall be fined an amount equal to 25 percent of the minimum monthly wage and a legal entity shall be fined an amount equal to three times the minimum monthly wage.
/This article has been annulled by the law of 04 December 2015/
CHAPTER SEVEN
MISCELLANEOUS
Article 55.Entry into force
55.1.This law shall enter into force on Sept 01, 2015.
SPEAKER OF THE PARLIAMENT OF MONGOLIA Z.ENKHBOLD
Нүүр
Сонсох / Сонгосон утга сонсох
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