Approving the model Regulation on rules of implementing a state official checkup for vehicles and their trailers
The Cabinet of Ministers of the Azerbaijan Republic about approval of the model Regulation on rules of implementing a state official checkup for vehicles and their trailersDecision No.40
Baku city, 15 March, 1999
With the purpose of ensuring execution of the No.24 Decree dated 22 November, 1998 issued by the President of the Azerbaijan Republic “On applying the Law of the Azerbaijan Republic “On Road Traffic” the Cabinet of Ministers resolves:
1. To approve Regulation “On rules of implementing a state official checkup for vehicles and their trailers” (it is added).
2. This decision comes into effect since the date of its being signed.
Artur Rasizada, the Prime Minister of the Azerbaijan Republic
Was approved by the decision No.40, dated 15 March, 1999 of the Cabinet of Ministers of the Azerbaijan Republic.
The Model Regulation“On rules of implementing a state official checkup for vehicles and their trailers”
1. General provisions
1.1. This regulation defines rules of implementing a state official checkup for vehicles and their trailers registered in the territory of Azerbaijani Republic by the below-mentioned bodies in accordance with the Law of the Azerbaijani Republic “On Road Traffic”; Decree “On applying the Law of the Azerbaijani Republic “On Road Traffic” No.24, dated November 22, 1998 of the President of the Azerbaijani Republic.
1) legal and natural persons’ (except than the Armed Forces of the Azerbaijani Republic and other units) automotive vehicles of all type, make and model, their trailers and semitrailers having engines with 50 cm3 and more working volume, constructive maximal speed of which is more than 50 km/hour by the Ministry of Internal Affairs of the Azerbaijan Republic;
2) Tramways and trolleybuses by local executive bodies;
3) Legal and natural persons’ caterpillar automotive vehicles (tractors) not intended for exploitation in commonly used network of streets, automotive vehicles used in agriculture and other automotive vehicles by the Ministry of Agriculture of the Azerbaijan Republic;
4) Legal and natural persons’ technological vehicles not intended for exploitation in commonly used network of streets by the State Agency for the Safe Conduct of Work in Industry and Mining Control;
5) Legal and natural persons’ sports vehicles intended for competition by the Ministry of Youth, Sports and Tourism of the Azerbaijani Republic;
6) Automotive vehicles belonging to the Armed Forces of the Azerbaijani Republic and other units by the Ministry of Defense of the Azerbaijani Republic;
7) Automotive vehicles of other armed units accordingly by the same state bodies.
1.2. Technical state and an equipment of vehicles participating in traffic in the territory of Azerbaijani Republicshould be conformable to requirements defined by annex No.1 to the Law “On Road Traffic” from the standpoint of traffic security and environmental protection. Technically faulty vehicles are not allowed to traffic.
1.3. The main purpose of a state official checkup is as follows:
Keeping control over compliance of technical state of vehicles with requirements of effective rules, norms, standards of traffic;
Specifying belonging and other registration data of vehicles;
Preventing criminal cases and administrative infractions;
Ensuring control over drivers’ having driving licences with due categories and appropriate documents giving the right to manage when conducting a state official checkup, an effective period of a driving licence, existence of receipts on payment of taxes collected from vehicle owners and fees collected in relation to conducting a state official checkup.
1.4. A state official checkup for all automotive vehicles and trailers (semitrailers) permanently or temporarily registered in the Republic not depending on a form of property is carried out by bodies provided in the item No.1.1 of this Regulation within a period from the 1st of Januaryto 31st of October once a year.
1.5. A vehicle registered in a production year is not involved to an official checkup in the same year. On carrying out state registration, a state official checkup coupon is issued to those vehicles.
2. Arrangements on organizing a state official checkup
2.1. A body implementing an official checkup compiles a common schedule on conducting a state official checkup for automotive vehicles according to area up to the 1st of January every year taking into account legal persons’ offer.
Legal person’s name, the number of vehicles, a place of conducting a state official checkup, a presentation day is noted in this schedule and its copy is sent to a higher organization according to subordination.
2.2. Mass media gives information concerning presentation of vehicles for conducting a state official checkup in advance.
2.3. A place where a state official checkup to be conducted (technical control point, examination centers, garages, enterprises and other places with proper conditions for checking technical state of vehicles) is determined by a body implementing an official checkup.
2.4. If a state official checkup is implemented in enterprises, officers and engineer-technical workers of that enterprise should be involved to inspection of vehicle technical state by consent of enterprise leadership.
3. Presenting vehicles for a state official checkup
3.1. Vehicle owners (authorized person) are obliged to present their vehicles for a state official checkup in technically good repair not being later than the time specified in an official checkup coupon.
3.2. A state official checkup for vehicles is carried out after presenting the following documents by a vehicle owner or a person having the right to manage a vehicle and having a power of attorney attested in the manner defined by legislature:
1) a document giving the right to drive a vehicle;
2) a registration certificate of a vehicle;
3) a document of a technical repair section or station rendering a secured technical service in connection with removing irregularities resulting in prohibiting exploitation of a vehicle (if such a service has been rendered by this station or section)
4) Receipts on paying dues, taxes or payments determined by the legislation of the Azerbaijan Republic. It is prohibited to demand documents other than the above-mentioned documents.
3.3. If it is unfeasible to bring vehicles to a place where a state official checkup is held, a vehicle owner addresses to a body accordingly implementing an official checkup with a written application during a period defined in the item No. 3.1 of these Rules (for irregularity, absence of spare parts etc.).
An official checkup of a vehicle is held for a vehicle in a stopping-place and exploitation of a vehicle is forbidden in accordance with instructions of bodies noted in the item No.1.1 until irregularity is eliminated.
4. Rules of conducting a state official checkup
4.1. Conducting a state official checkup for every vehicle begins with checking compatibility of a type, model, state registration sign, as well as chassis (frame), body and engine numbers, color of a vehicle with notes taken in a vehicle registration certificate and comparing lists of registration documents of vehicles being spotted.
4.2. If forgery signs in a state registration certificate, documents giving the right to use and drive a vehicle, incompatibility of chassis (frame), body and engine numbers with notes in vehicle registration documents, cases of deletion of aggregate and unit numbers or attachment of false numbers to them are discovered, documents are taken and vehicles are kept in a defined manner. In order to document the discovered fact, a statement is drawn up in the presence of witnesses; an explanation is demanded from a driver (a vehicle owner). Primary materials examined in relation to this fact are submitted to an appropriate investigative agency for consideration.
4.3. Existence, good condition of special light and sonic signals and legality of their installation, as well as compatibility of vehicle color graphics with state standarddemands is verified during a state official checkup for vehicles of specially designed and operational service.
4.4. Technical state of trailers (semitrailers) is verified in a state that is attached to a vehicle (puller).
4.5. When a state official checkup is held for vehicles put in conservation, their completeness is checked. When there is a doubt for good condition of a vehicle, technical state of engine and transmitting aggregates is verified without removing supports placed for not keeping wheels under load.
4.6. Vehicles not meeting one of the requirements of the item No.1.2 of this Regulation are considered to be disordered and their exploitation is forbidden according to effective legislature. If a document of a technical repair section or station rendering a secured technical service in connection with eliminating irregularities causing prohibition of vehicle exploitation (if such a service has been rendered by that station or section) is presented, an official checkup is held for a vehicle.
4.7. An official checkup coupon is issued to faultless vehicles that have passed a state official checkup by a body implementing this checkup and a statement of a checkup result is compiled in an according manner. A coupon form, its application rules and a statement is defined by an instruction of bodies provided in the item No.1.1.
4.8. A technical service is rendered to vehicles by vehicle owners, persons having special technical knowledge and specialty or technical repair stations as defined by the Cabinet of Ministers. In farms where the number of vehicles is 10 and more than 10, legal and natural persons implement secured technical service for vehicles in technical repair sections organized by them for this purpose.
5. Arrangement for a state official checkup and control over its execution
5.1. Control over conducting a state official checkup for vehicles by bodies provided in the item No.1.1 is implemented in the following forms:
To check observing a period and rules of conducting a state official checkup for vehicles;
To check in an optional manner (within the territory of an enterprise, when vehicles accessed line and return back, as well as in an exploitation process) accordance of technical state and registration data of vehicles,that have passed a state official checkup, with defined requirements;
To compare data confirmed in relation to a state official checkup for vehicles with quantity and registration data of vehicles, record keeping of which is implemented in card files of due bodies.
6. Documentation of state official checkup results
6.1. Act forms confirmed by a body implementing a state official checkup are filled in by legal persons as per checkup results and are submitted to that body together with other required documents (the number of vehicles, taxes collected in connection with conducting a state official checkup, service fees etc.).
6.2. A closing statement of an official checkupis submitted to the Cabinet of Ministers of the Azerbaijan Republic and the State Statistical Committee by bodies provided in the item No.1.1 within 1 month after summarizing by the republic.
6.3. A preparation level of vehicles in farms, reasons of their unfit state and not conducting a checkup are analyzed by examining technical state of vehicles by regions, cities according to an official checkup result and steps are taken for removing shortages revealed as per an analysis.
7. Responsibility
7.1. Vehicle owners or drivers carry responsibility in the manner provided by the legislature of the Azerbaijan Republic for driving and not timely conducting an official checkup of vehicles, exploitation of which is forbidden by the Annex No.1 of the Law of the Azerbaijan Republic “On Road Traffic”.
7.2. Officials of bodies realizing an official checkup carry responsibility in the manner provided by the legislature of the Azerbaijan Republic for demanding other documents not provided by the Law from a vehicle owner or a person having the right to manage, allowing red tape during an official checkup or illegally refusing to solve them, as well as authorized persons of a repair section or station rendering a secured technical service for allowing red tape in issuing a document on good condition of a vehicle, illegally refusing to give them, incompatibility of that document and data in these documents with reality.
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