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ECONOMIC COMISSION FOR EUROPE
TRANSPORT DIVISION
Monitoring the implementation of the 1968 Vienna Convention on Road Traffic and the 1971 European Agreement supplementing it
Note by the secretariat
The Work Plan on ECE Reform (E/ECE/1434/Rev.1, 12 December 2005) requested the Inland Transport Committee to “submit proposals to the Executive Committee on ways and means of monitoring and strengthening the implementation of key ECE legal instruments on transport, including on road safety” (paragraph 37). Subsequently, the ITC endorsed at its 69th session in February 2007 the secretariat’s proposal to monitor the implementation of three legal instruments on transport: the 1968 Convention on Road Traffic; the 1968 Convention on Road Signs and Signals; and the AETR Agreement. In order to take further into account the priorities identified in the Work Plan on ECE Reform, the ITC approved at its 69th session changes to its programme of work for the period 2006-2010, including the issuance of a report on the implementation in Contracting Parties of selected aspects of the Vienna Conventions on Road Traffic and on Road Signs and Signals and of the European Agreements supplementing them. The Executive Committee approved these changes at its 13th meeting in March 2007.[1]
In order to comply with this decision, the secretariat has elaborated the following questionnaire, which consists of 2 parts:
Part I poses a few general questions concerning the implementation of the 1968 Vienna Convention and the European Agreement supplementing it and their subsequent amendments in domestic legislation.
Parts II and III aim to monitor the degree to which the domestic legislation of Contracting Parties conforms in substance to the following chapters of the Convention and the European agreement supplementing it: II (Rules of the road); III (Conditions for the admission of motor vehicles and trailers to international traffic); IV (Drivers of motor vehicles); and V (Conditions for the admission of cycles and mopeds to international traffic).
Questionnaire on the implementation of the 1968 Vienna Convention on Road Traffic and the European Agreement supplementing it
In order to facilitate the evaluation of replies to this questionnaire,please complete any written information preferably in English or French
COUNTRY:………………………………………………
Deadline for replies: 31 October 2007
Please note that the questions refer to the latest version of the Convention that incorporates both the 1993 and 2006 amendments. This version is available on the UNECE Transport Division Website in three languages.
English version: http://unece.org/trans/conventn/Conv_road_traffic_EN.pdf
French version: http://unece.org/trans/conventn/Conv_road_traffic_FR.pdf
Russian version: http://unece.org/trans/conventn/Conv_road_traffic_RU.pdf
Part I
General questions concerning the Convention and the European Agreement supplementing it
1. Before the ratification by your country of the 1968 Vienna Convention on Road Traffic,
1.1 was your legislation already in general in accordance with provisions of the Convention?
Yes No
1.2 did your legislation have to be amended to comply with provisions of the Convention?
Yes No
In any case, please specify the legal nature and date of the text that introduced the relevant provisions or necessary amendments into your legislation …………………………………………………...... ……………………………………………………………………………………………………………………………………….
2. If your country is also Party to the European Agreement of 1971 supplementing the Vienna Convention on Road Traffic,
2.1 Was your legislation already in accordance with provisions of this Agreement when you ratified it?
Yes No
2.2 did your legislation have to be amended to comply with provisions of this Agreement?
Yes No
In any case, please specify the legal nature and date of the text that introduced the relevant provisions or necessary modifications into your legislation …………………………………………………...... ……………………………………………………………………………………………………………………………………….
3. Following the amendments introduced in 1993 into the Convention (and, for the concerned countries, into the European Agreement), have you modified your legislation to incorporate them?
Yes No
If yes, please specify the nature and date of the text that introduced the relevant provisions or necessary modifications into your legislation .……...... …………… ……………………………………………………………...………………………………...
If not, for what reasons:
all provisions were already implemented
omission
other, please specify: ...... ……………………………………………
4. (For Contracting Parties to the European Agreement only.) Following the entry into force of the 2001 amendments to the European Agreement supplementing the Vienna Convention on Road Traffic, have you modified your legislation to incorporate them?
Yes No
If yes, please specify the nature and date of the text that introduced the relevant provisions or necessary modifications into your legislation .……...... …………… ……………………………………………………………………………………………...
If not, for what reasons:
relevant provisions were already implemented
omission
other, please specify: ...... …………………………………………
5. (For Contracting Parties to the Vienna Convention) Following the entry into force of new amendments in 2006, does your legislation have to be modified?
Yes Only in part No
If yes, has the relevant amendment procedure already started?
Yes No
If not, when do you intend to start the procedure? ...... ………………………
In particular, does your legislation already conform to the new provisions concerning the driving permit (compulsory from March 2011) that are contained
- In Annex 6 of the Convention?
Yes No
If not, when do you intend to introduce the new provisions? ...... …
- In Annex 7 (International driving permit)
Yes No
If not, when do you intend to introduce the new provisions? ...... …
6. (For Contracting Parties to the European Agreement only) Following the entry into force of new amendments in 2006, does your legislation have to be modified?
Yes No
If yes, has the relevant amendment procedure already started?
Yes No
If not, when do you intend to start the procedure? ...... ………………………
7. If your country is not yet a Contracting Party to the European Agreement supplementing the Vienna Convention on Road Traffic, do you intend to become Party to this Agreement?
Yes No
If yes, when? Please specify ………………………………………………….
If not for what reasons?
its provisions are too restrictive
some of its provisions are contrary to the rules in force in your country
other, please specify: ...... …………………………………………
Part II
Specific questions concerning the implementation of the 1968 Convention on Road Traffic
This part contains direct questions and multiple-choice questions. For the latter, please follow the instructions given.
A) DIRECT QUESTIONS
Chapter 1 (General Provisions)
7. Article 3 (Obligations of the Contracting Parties)
7.1 Article 3.2
With respect to Article 3, paragraph 2 (a), do the technical conditions to be satisfied by motor vehicles and trailers in your country conform to the provisions contained in Annex 5 to the Convention?
Yes No
7.2 Article 3.4
With respect to Article 3, paragraph 4, has your country taken measures
unilaterally
under bilateral or multilateral agreements
to admit to your territory in international traffic motor vehicles and trailers that do not satisfy all conditions stated in Chapter III of the Convention?
Yes No
7.3 Article 3.5
Does you country apply, without restriction, provisions contained in Article 3, paragraph 5, except if your legislation treats mopeds as motorcycles?
Yes No Treats mopeds as motorcycles
7.4 Article 3.5 bis
With respect to Article 3, paragraph 5 bis, has your country taken the necessary measures to ensure that road safety education be provided on a systematic and continuous basis, particularly in schools at all levels?
Yes No
If not, for what reasons? Please specify………………………………………………………
………………………………………………………………………………………………..………………………………………………………………………………………………..
7.5 Article 3.5 ter
With respect to Article 3, paragraph 5 ter, does your legislation lay down minimum requirements concerning the curriculum and the qualifications of the personnel responsible for driving instruction provided to learner drivers by professional driving establishments?
Yes No
8. Article 4 (Signs and signals)
If your country is not yet a Contracting Party to the Vienna Convention on Road Signs and Signals, does your legislation concerning road signs and signals conform to the provisions mentioned in this Article?
Yes No Not concerned by this provision
Annex 1- Exceptions to the obligation to admit motor vehicles and trailers in international traffic
Does your country apply the possible exceptions referred to in:
Paragraph 1 Yes No
Paragraph 3 (a) Yes No
Paragraph 3 (b) Yes No
Paragraph 3 (c) Yes No
Paragraph 4) Yes No
Paragraph 5 Yes No
Paragraph 6 Yes No
Paragraph 7 Yes No
Paragraph 8 Yes No
Paragraph 9 Yes No
B) Multiple-choice questions
Instructions
Answers to multiple-choice questions are limited to relevant options. If option A or B is not chosen, please mention in the tableframe which provisions are not transposed into your legislation. N/A denotes non-applicable choices. Some multiple-choice questions are supplemented by direct questions, when a possibility of choice is given to the Contracting Party or when one of the provisions of an article is a recommendation.
Option A should be chosen if your legislation conforms in substance to all provisions having a mandatory character. Example: provisions of Article 17 (Slowing down). Choose also this option if your legislation conforms in substance to the content of an article which is entirely a recommendation (for example Article 15).
Option B should be chosen if your legislation conforms in substance but its application is at the discretion of regional and/or local authorities. Example: Article 20 (Rules applicable to pedestrians) is reflected in domestic legislation but regional or local authorities are allowed to exercise the non-enforcement option specified in paragraph 1 or 7 of this Article.
Option C should be chosen if your legislation conforms partly, either because the country made a reservation or because only certain provisions having a mandatory character were introduced. Example: Article 13 (Speed and distance between vehicles) was adopted with a reservation because your domestic legislation does not establish speed limitations on certain categories of roads, even if some speed limitations are established on these roads on a case-by-case basis, when they are necessary.
Option D should be chosen if the relevant article is not reflected at all in your legislation. Examples: Article 24 (Opening of doors) has a mandatory character but it was decided not to transpose its content. Article 9 (Flocks and herds) is discretionary and has not been transposed into your legislation.
Chapter II (Rules of the road)
According to Article 3, paragraph 1, the Contracting Parties shall take appropriate measures to ensure that the rules of the road in force in their territories conform in substance to the provisions of the Chapter II. In order to understand the eventual problems that you may have encountered, please answer the following questions.
If answer C or D, please mention the provisions not transposed (all, specific paragraph(s) and/or sub-paragraph(s))Have you introduced into your legislation the
recommendation referred to in
§ 3 Yes No
Have you introduced into your legislation the
recommendation referred to in
§ 2 Yes No
Have you introduced into your legislation the
recommendation referred to in
§ 2 Yes No
Have you introduced into your legislation the
options referred to in § 1(c) Yes No
§ 5(b) Yes No
§ 8 Yes No
§ 11(a) Yes No
Have you introduced into your legislation the option referred to in (last sentence) of
§ 2 Yes No
Article 5 Status of signs and signals
A B C D
Article 6 Instructions given by authorized officials
A B C D
Article 7 General rules
A B C D
Article 8 Drivers
A B C D
Article 9 Flocks and herds (recommendation)
N/A
A B C D
Article 10 Position on the carriageway
A B C D
Article 11 Overtaking and movement of traffic in lines
A B C D
Article 12 Passing of oncoming traffic
N/A
A B C D
If answer C or D, please mention the provisions not transposed (all, specific paragraph(s) and/or sub-paragraph(s))Have you introduced into your legislation the
options referred to in § 3 Yes No
§ 6(a) Yes No
§ 6(b) Yes No
Have you introduced into your legislation the
options referred to in § 1 Yes No
§ 7 Yes No
Have you introduced into your legislation the
recommendation contained in
§ 5 Yes No
Article 13 Speed and distance between vehicles
A B C D
Article 14 General requirements governing manoeuvres
A B C D
Article 15 Special regulations relating to regular public-transport service vehicles (recommendation)
N/A
A B C D
Article 16 Change of direction
A B C D
Article 17 Slowing down
A B C D
Article 18 Intersections and obligation to give way
A B C D
Article 19 Level-crossings
A B C D
Article 20 Rules applicable to pedestrians
A B C D
If answer C or D, please mention the provisions not transposed (all, specific paragraph(s) and/or sub-paragraph(s))Have you introduced into your legislation the
provisions contained in § 3 Yes No
Have you adopted provisions contrary to
§ 2 (b) Yes No
Have you adopted provisions more binding according to § 6 Yes No
Have you introduced into your legislation the
options contained in § 1 Yes No
§ 4 Yes No
Have you introduced into your legislation the
option contained in § 3 Yes No
Article 21 Behaviour of drivers towards pedestrians
A B C D
Article 22 Islands on the carriageway
A B C D
Article 23 Standing and parking
A B C D
Article 24 Opening of doors
A B C D
Article 25 Motorways and similar roads
A B C D
Article 25 bis Special regulations for tunnels indicated by special road signs