Traffic Act

Traffic Act¹

Passed 17.06.2010

RT I 2010, 44, 261

Entry into force 01.07.2011

Amended by the following Acts:

Passing	Publication	Entry into force
23.12.2010	RT I, 31.12.2010, 3	01.07.2011, in part 01.01.2011 and 19.01.2013
22.02.2011	RT I, 17.03.2011, 1	18.03.2011
15.02.2012	RT I, 02.03.2012, 5	12.03.2012, in part 01.07.2012

Chapter 1

GENERAL PROVISIONS

Division 1

General provisions

§ 1. Scope of application of Act

(1) This Act provides for traffic management on the roads of Estonia, traffic rules, the principles and basic requirements for the insurance of road traffic safety, the rules for the registration of and the requirements for power-driven vehicles, trams, their trailers and off-road vehicles, the requirements for grant of right to drive, the working and rest time of drivers of power-driven vehicles, management and maintaining of the traffic register and liability for violation of the traffic rules.

(2) This Act also regulates the off-road driving of off-road vehicles.

(2¹) The provisions of § 69 of this Act apply to drivers of motor vehicles while driving a vehicle off the road as well.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) This Act extends to foreign road users and vehicles registered abroad which are in the territory of Estonia unless an international agreement prescribes otherwise.

(4) Any movement or positioning on a road closed for traffic for the purpose of competitions or mass events, by an order of the Police and Border Guard Board or the Rescue Board, for road management or for another similar purpose shall not be considered traffic for the purposes of this Act.

[RT I, 29.12.2011, 1 – entered into force 01.01.2012]

(5) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 2. Definitions

For the purposes of this Act:

1) Give way (not hinder) means that a road user shall not continue or commence his or her advance or manoeuvre if by so doing he or she might compel other road users to change the direction or speed abruptly;

2) A built-up area is an area which is developed with buildings and which has entries and exits which are signposted with road signs establishing the road traffic rules which apply in the built-up area;

3) A motor vehicle is a power-driven vehicle with at least four wheels which is designed for the carriage of passengers or goods or to be drawn when coupled to vehicles, or for being used in specific work applications, the design speed of which is more than 25 kilometres per hour. Trackless vehicles which are connected to an electric conductor are also deemed to be motor vehicles. Mopeds, motorcycles, tractors and mobile machinery are not deemed to be motor vehicles;

4) A road train is a combination of vehicles consisting of one or more hauling motor vehicles (traction unit) and one or more trailers or a towed machinery;

5) A bus is a motor vehicle designated for carrying passengers which has more than eight seats in addition to the driver’s seat;

6) Right of way is the right of a road user to advance before another road user;

7) A dividing strip is a curb, green or other strip separated from the road and not intended for vehicular traffic;

8) A traffic light is an electric device used on roads to regulate traffic by using light signals;

9) A trailer is a vehicle manufactured to be drawn when coupled to a power-driven vehicle or a vehicle adapted for this purpose. A towed machinery and an interchangeable towed machinery are not deemed to be a trailer;

10) Inadequate visibility is a temporary situation caused by weather or another phenomenon (fog, rain, snow, snowstorm, twilight, smoke, dust, water and mud splashes, sun glare) in which objects on the road are indistinguishable from their background at less than 300 meters;

11) A reflex reflector is a means for increasing the visibility of a person or another object in darkness by reflection of light from that means towards the light source, visible in the illumination of the dipped-beam headlamps at a distance of at least 150 metres and of the main-beam headlamps at a distance of at least 300 metres;

12) An emergency stopping is bringing the vehicle to a halt or if the vehicle comes to a halt when continuation of driving is dangerous or technically impossible;

13) A pedestrian is a person who travels on foot or is transported in a wheelchair. A person who uses a skateboard, roller skates, roller skis, a scooter, a kicksled or other similar items to travel is also deemed to be a pedestrian;

14) A cycle is any vehicle which has at least two wheels and is propelled solely by the muscular energy of the person(s) on that vehicle, in particular by means of pedals or hand-cranks. A cycle may also have an engine with the maximum continuous rated power of 0.25 kilowatts. A wheelchair for disabled persons is not deemed to be a cycle;

15) A cycle and pedestrian track is a separate road or part of a road designated for cycles, segways and pedestrians and signposted as such. A cycle and pedestrian track is a part of a road at an intersection of carriageways;

16) A cycle lane is a longitudinal strip of carriageway indicated by road surface marking and designated for cycles, mini mopeds and mopeds;

17) A cycle track is a part of a road separated from the carriageway by structural means or an independent part of a road or an independent road, designated for cycles, segways, mini mopeds and mopeds and signposted as such. A cycle track is a part of a road at an intersection of carriageways;

18) A footpath is an independent road for pedestrians and segways which may be signposted as such;

19) A driver is a person who drives a vehicle or an off-road vehicle or guides animals on a road. A driving instructor or instructor is deemed to be a driver during driving lessons and driving practice and the examinee is deemed to be a driver during the driving test;

20) An ice road is a temporary road made on a frozen body of water for vehicles and pedestrians, signposted as such by adequate traffic control devices;

21) A light trailer is a trailer with its maximum mass not exceeding 750 kg;

22) A motorway is a road specially designed and built for motor traffic and signposted as such, which does not serve properties bordering on it, which is provided with separate carriageways for the two directions of traffic and which does not cross at level with any road, railway, tramway, cycle and pedestrian track, cycle track, footpath or pavement;

23) A speed limitation device is a device limiting the speed of a power-driven vehicle;

24) An inspector is a person who exercises supervision over vehicles, road users and drivers within the limits of the authority granted by law and who holds a professional certificate;

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

25) A pavement is a part of a road designated for pedestrian traffic and segways or a part of a road separated from the carriageway or cycle track by a curb or in some other way, which may be signposted as such or marked with corresponding road surface markings;

26) A side turn is a right or left turn;

27) A road user is a person who participates in traffic as a pedestrian or a driver;

28) Traffic is the movement and positioning of pedestrian(s) or vehicle(s) on the road. Driving cattle and riding animals are also deemed to be traffic;

29) A traffic control device is a device for managing or guiding traffic (traffic light, traffic sign, road marking, flashing lamp, barrier, speed limitation device, threshold, warning tape, traffic post, traffic cone, crossing barrier, safety island or other such device);

30) A road sign is a sign which establishes certain road traffic rules, informs road users of a traffic hazard or helps to adapt to the traffic situation;

31) A traffic hazard is a situation that compels road users suddenly to change direction or speed or to stop in order to avoid danger;

32) A traffic accident is an event in which an individual is injured or killed or proprietary damage is caused as a result of at least one vehicle moving on or leaving a road;

33) A physically disabled person is a person with a serious and deep physical disability;

34) A mobile machinery is a power-driven vehicle on wheels or caterpillar tracks designed for carrying out specific work and with a design speed of more than 6 kilometres per hour but less than 40 kilometres per hour. Vehicles designed for specific work applications which are manufactured on the basis of motor vehicles are not deemed to be mobile machinery;

35) An off-road area is a territory which is not a road for the purposes of the Roads Act and is not designated for traffic of power-driven vehicles, trams and rail vehicles;

36) An off-road vehicle is a vehicle powered by an engine which is designed to be driven off-road and which is not a power-driven vehicle within the meaning of this Act;

37) A manoeuvre is any turn or changing of lanes or passing;

38) A machine train is a combination of vehicles consisting of a tractor or mobile machinery (traction unit) and a trailer or a towed machinery or an interchangeable towed machinery;

39) A motorcycle is a two-wheeled power-driven vehicle with or without a sidecar. A motorcycle is also a power-driven vehicle with three symmetric wheels which has an internal combustion engine with a capacity exceeding 50 cubic centimetres and design speed exceeding 45 kilometres per hour, as well as a four-wheeled power-driven vehicle with its unladen mass not exceeding 400 kilograms, or 550 kilograms in the case of vehicles designated for carriage of goods and with net power not exceeding 15 kilowatts. The mass of batteries is not taken into account in calculating the unladen mass of four-wheeled electric vehicles;

40) A power-driven vehicle is a vehicle which is powered by an engine. Motor assisted cycles, small mopeds, off-road vehicles, trams and vehicles with a design speed of less than six kilometres per hour are not deemed to be power-driven vehicles;

41) Driving a power-driven vehicle is any activity of a person in the driver’s seat of a power-driven vehicle while the power-driven vehicle is moving. Any activity of a person while he or she is not in the driver’s seat but influences the driving direction or speed of the power-driven vehicle with the help of control devices (steering bars, steering wheel or other such devices) is also deemed to be driving a power-driven vehicle;

42) A moped is a two-wheeled or three-wheeled vehicle which has a design speed exceeding 25 kilometres per hour but not more than 45 kilometres per hour and which has a spark ignition engine with a capacity not exceeding 50 cubic centimetres or another combustion engine with net power not exceeding four kilowatts or which has an electric engine with a maximum continuous rated power exceeding 0.25 kilowatts but not more than four kilowatts. A light four-wheeled power-driven vehicle meeting the above conditions with an unladen mass not exceeding 350 kilograms is also deemed to be a moped. The mass of batteries is not taken into account in calculating the unladen mass of light four-wheeled electric vehicles;

43) High-visibility warning clothing is clothing designated to increase the visibility of an authorised official;

44) Overtaking is moving past one or more driving vehicles by exiting one’s own lane. Rounding or passing are not deemed to be overtaking;

45) Passing is moving past one or more driving vehicles without exiting one’s own lane. Moving past a vehicle driving in the opposite direction is also deemed to be passing;

46) A rear registration plate lamp is a lamp illuminating the rear registration plate of a vehicle;

47) A safety island is a road structure increasing safety for pedestrians while crossing the carriageway;

48) A safety waistcoat is a garment designated to increase the safety of road users;

49) Parking is bringing a vehicle to an intentional halt for longer than is necessary to pick up or set down passengers or for goods to be loaded or unloaded;

50) A car-park is an area designed structurally or for traffic management purposes for the parking of vehicles, comprising parking places and parts of a road connecting them;

51) A priority road is a road signposted as such in all its entirety. At an intersection, a priority road is a road signposted as such in relation to an intersecting road or a paved road in relation to a gravel road or an earth-track and a gravel road in relation to an earth-track. Gravel roads or earth-tracks with a paved section before emerging into an intersection with a paved road are not deemed to be paved roads;

52) Standing is bringing a vehicle to an intentional halt for picking up or setting down passengers or for loading or unloading goods. Stopping with the traffic flow or when requested by a traffic control device or an authorised official is not deemed to be standing;

53) Limited visibility is a situation where curves, crests of hills, roadside facilities, green areas or obstacles on the road reduce visibility to such an extent that driving on this part of road with the maximum speed allowed thereon may be dangerous;

54) Night-time is the period of time between nightfall and dawn when visibility is less than 300 metres due to the shortage of natural light;

55) A blind person is a person whose visual acuity with correction in the better eye is lower than 0.1 or whose field of vision is narrower than 20 degrees;

56) A mini moped is a vehicle with at least two wheels, with the maximum net power in the case of an internal combustion engine or with the maximum continuous rated power in the case of an electric motor not exceeding one kilowatt and the maximum design speed not exceeding 25 kilometres per hour;

57) Drawing is hauling another power-driven vehicle, road train or machine train with a power-driven vehicle;

58) A towed machinery is a mechanism, structure, construction or other equipment with at least one wheel having stable contact with earth, coupled to a power-driven vehicle and pulled after or pushed before such vehicle;

59) Haulage of a towed machinery is also haulage of an interchangeable towed machinery;

60) A side appropriate to the direction of traffic is a carriageway or a part thereof designated for vehicular traffic in one direction. In the case of a two-way carriageway the right part of the carriageway, bordered by a traffic control device on the left or, in its absence, by the imaginary centre-line, is deemed to be the side appropriate to the direction of traffic. If the tracks of a tramway are located in the middle of a carriageway and they are at grade with it, the centre-line of the tracks of the tramway is deemed to separate the two sides of the direction of traffic. A tramway appropriate to the direction of traffic belongs to the side appropriate to the direction of traffic. On a two-way carriageway which has three lanes marked with road surface markings in its overall width, only the very right lane is the side appropriate to the direction of traffic, unless provided otherwise by a traffic control device. If a road has a separate lane for public transport vehicles or slow-moving, heavy or other vehicles which are not rail vehicles or rail-borne vehicles, the edge of this separate lane closest to the carriageway is the edge of the side appropriate to the direction of traffic for other trackless vehicles;

61) A turn is a side turn or a U-turn;

62) Continuous rated power is the net power specified by the manufacturer at continuous load;

63) A heavy-goods vehicle is a vehicle with or without cargo, a road train or a machine train, with its laden mass or load on any axis exceeding the requirements specified in section 80 of this Act;

64) A rail vehicle is a is a rail vehicle as defined in the Railways Act;

65) A level crossing is an intersection at grade between a road and a railway. A barrier or, in absence thereof, the location of a railway sign indicating a single or multi-track railway constitute the border between a road and a level crossing;

66) Permissible maximum mass is the maximum mass determined upon registration for a fully equipped vehicle together with its driver, passengers and cargo, which shall not exceed the maximum mass permitted by the manufacturer;

67) An authorised official is a person directing or stopping road users within his or her competence;

68) An intersection is an area formed by any intersecting carriageways at grade. The following are not deemed to be an intersection: any place where a car-park, a calm traffic area, resting place or an area adjacent to a road borders a carriageway, any access road to a car-park, calm traffic area, resting place or an area adjacent to a road, any intersection of a one-lane road and a field or forest road, and any intersection of such roads. An intersection is regulated when the sequence of road users is determined by traffic light signals or directions given by an authorised official. An intersection is unregulated in all other cases;

69) A rail-borne vehicle is a vehicle designated to move on rails. For the purposes of this Act, a rail vehicle is not deemed to be a rail-borne vehicle;

70) A large vehicle is a vehicle with our without cargo, a road train or a machine train with at least one dimension thereof exceeding the requirements specified in section 80 of this Act or with its load extending beyond the front or rear of the body of the vehicle by more than one metre;

71) A passenger car is a car designated to carry passengers which has up to eight seats in addition to the driver’s seat;

72) A road with right of way is a road where the driver has a right of way in relation to the drivers driving on an intersecting road;

73) A vehicle is a device powered by a motor or in some other way, designated for road traffic or driving on the road;

74) A motorcade is two or more vehicles travelling in an organised way after one another;

75) A tachograph is a device recording the driving and resting time of a driver;

76) A lane is any one of the longitudinal strips into which the carriageway is divisible, whether or not signposted as such or defined by road markings, which is wide enough for one moving line of cars. Two-wheeled motorcycles and mopeds may drive in two lines on a lane;

77) A traffic line is a line formed by vehicles driving after one another;

78) A carriageway is the part of a road designated for vehicular traffic. Cycle tracks and cycle and pedestrian tracks are not carriageways. A road may comprise several carriageways separated from one another by a dividing strip. Carriageways intersecting at grade form an intersecting area of carriageways. The edge of a carriageway is indicated by the corresponding road surface marking or, if there is no road surface marking, by a shoulder, dividing strip, green area or the edge of another verge, or by the bottom of a gutter or the kerb of the carriageway. If both tracks of a two-way tramway which is at grade with a carriageway are on one side of the carriageway, the tramway rail closest to the carriageway is deemed to be the edge of the carriageway for trackless vehicles;

79) A passenger is a person using a vehicle for travelling but not being the driver;

80) A segway is self-balancing two-wheel one-axle vehicle for carrying one person and powered by electricity;

81) A road is a public facility which is used for pedestrian or vehicular traffic or another area designated for traffic by a land owner. A road also comprises shoulders, dividing strips and green area strips. Roads may be paved roads, gravel roads or earth-tracks depending on the upper layer. A paved road is a road coated with a layer of material processed with cement, ash or bitumen (asphalt, cement concrete or other such coating) and a paving stone or cobblestone road. A gravel road is a road of gravel, gravelly sand or crushed stone sand or crushed stone screenings. An earth-track is a field, forest or other such uncoated road which is built for traffic or has developed into a road as a result of traffic;

82) An area adjacent to a road is a roadside territory in which constructions are located which are visible to a driver from the road and which may be accessed by an access road;

83) A road marking is a road surface marking or a vertical marking which establish a certain traffic order, help to adapt to traffic and indicate various sources of danger. A road surface marking is a line, arrow, entry or image on the road surface. A vertical marking comprises alternate white and black stripes at the edge of a road or a reflex reflector on a white post with or without a black stripe;

84) Laden mass is the actual mass of a vehicle at a given moment together with its driver, passengers and cargo;

85) Axle load is the portion of the mass of a vehicle which exerts force on a road through the axle;

86) A tractor is a power-driven vehicle designated for field or forest works which has wheels or tracks and at least two axes and the maximum design speed of which is at least 6 kilometres per hour. Vehicles designed for specific work applications which are manufactured on the basis of motor vehicles are not deemed to be tractors;

87) A tram is a rail vehicle for carrying passengers, with or without a rail-borne trailer, which runs on tracks and which is connected to an overhead wire;

88) A trolleybus is a motor vehicle for carrying passengers which is connected to an overhead wire and has more than eight seats in addition to the driver’s seat;

89) Maximum mass is the authorised maximum mass, declared by the manufacturer, of a fully equipped laden vehicle, with the crew and passengers on board;

90) Unladen mass is the mass, determined by the manufacturer, of a fully equipped vehicle with a driver but without passengers or cargo on board;

91) An interchangeable towed machinery is a mechanism used in agriculture or forestry, the main purpose of which is to add to or change the functions of a tractor and which is designed to be drawn coupled to a tractor;

92) Design speed is the maximum speed designated for a vehicle by the manufacturer;

93) An authorised user is a physical person with the Estonian citizenship or with a residence permit or right in Estonia or a legal person registered in Estonia who uses the vehicle under a contract for use or a sales contract with reservation of title of ownership and has been entered in the traffic register as the authorised user of the vehicle. A representative nominated by the authorised user of a vehicle not meeting the conditions specified in this clause is also deemed to be an authorised user;

94) A truck is a motor vehicle designated for carrying cargo;

95) A driving practice area is a paved road or area adapted to this purpose and closed for other traffic;

96) A calm traffic area is a road designated for the common traffic of pedestrians and vehicles in which the speed of vehicles is reduced by structural or other means and where entry and exit roads are signposted as such;

97) Pursuant to the Public Transport Act, a public transport vehicle is a bus, trolleybus or tram providing the public transport service or a passenger car intended to provide the public transport service;

98) Pursuant to the Public Transport Act, a lane reserved for public transport vehicles is a part of a carriageway, signposted as such and marked with the corresponding road surface marking, which is designated for the traffic of public transport vehicles which provide regular services, for taxis and for buses carrying passengers. Cycle traffic is allowed on a lane reserved for public transport if a corresponding traffic control device allows it;

99) A crossing is a part of a road which is designated for pedestrians to cross the carriageway, cycle track or tramway track, constructed in a comprehensible way and marked as such, where the pedestrians have no right of way to drivers, save where a pedestrian uses a crossing on a carriageway on to which the driver is turning. A carriageway may be crossed at a crossing by riding a cycle or driving a segway but the cyclist or the segway driver have no right of way to the driver of a vehicle, save where the cyclist or the segway driver use a crossing on a carriageway on to which the driver is turning. Cyclists and segway drivers crossing a carriageway at a crossing may not endanger pedestrians crossing it;

100) A pedestrian crossing is a part of a road which is designated for pedestrians to cross the carriageway, cycle track or tramway track and signposted as such or marked by corresponding road surface marking, where the drivers are obliged to give way to pedestrians. A pedestrian crossing is regulated if the sequence of traffic is determined by the pedestrian traffic light signals or signals given by an authorised official. Pedestrian crossings are unregulated in all other cases. A carriageway may be crossed at an unregulated pedestrian crossing by riding a cycle or driving a segway but the cyclist or the segway driver have no right of way to the driver of a vehicle, save where the cyclist or segway driver cross at a pedestrian crossing on a carriageway on to which the driver of the vehicle is turning. Cyclists and segway drivers crossing a carriageway at a pedestrian crossing may not endanger pedestrians crossing it;

101) Rounding is passing one or several vehicles standing on a carriageway or past other obstructions by exiting one’s own lane.

Division 2

Traffic safety

§ 3. Ensuring the safety of road users

(1) The Government of the Republic National shall develop the road traffic safety policy.

(2) The Ministry of Economic Affairs and Communications shall ensure the safety of road users and road traffic.

(3) The Ministry of Internal Affairs shall organise traffic supervision.

(4) The Ministry of Education and Science shall organise implementation of traffic education policy.

(5) Local governments shall organise road traffic safety awareness and educational work among the population, at schools and child care establishments within their administrative territories.

(6) Local governments shall ensure compliance with road traffic safety requirements upon compiling and adoption of plans.

§ 4. Traffic education

(1) The purpose of traffic education is to shape a culture of road users who show consideration for other road users and who:

1) practise safe road use and comprehend the traffic environment and avoid acting in a manner which would endanger people or obstruct traffic;

2) have the knowledge and skills to help themselves and other road users cope and remain safe in various traffic situations as pedestrians, passengers and drivers.

(2) Children shall be provided with traffic education and taught how to use the road safely by:

1) parents or a legal guardian;

2) pre-school child care institutions, basic schools, upper secondary schools, vocational schools and hobby schools and other competent authorities.

(3) The procedure for educating children about traffic and road use specified in clause (2) 2) of this section shall be established by the Government of the Republic by regulation.

(4) Road traffic safety education for adults shall be conducted through training, mass media, road traffic safety campaigns, information days, special information bulletins and other such means.

§ 5. National road traffic safety programme

(1) The aim of the national road traffic safety programme is to more effectively implement measures to continuously improve road traffic safety and to reduce the number of persons killed or injured in traffic accidents.

(2) The national road traffic safety programme shall be implemented by ministries and authorities which have the competence to develop and implement road traffic safety measures, by local governments, governmental and non-governmental institutions which have the competence to educate road users and shape in them proper attitudes and safe traffic habits.

(3) The implementation of the national road traffic safety programme at local government level shall be effected through regional and local road traffic safety programmes and action plans.

Division 3

Traffic

§ 6. Traffic management

(1) The purpose of traffic management is to ensure trouble-free, smooth, swift and safe traffic with minimum harm to the environment.

(2) Traffic management is achieved through the use of traffic control devices.

(3) The traffic control devices used for traffic management shall meet the requirements set out in this Act and the Roads Act.

(4) The owner of a road or a person responsible for the organisation of road management shall ensure traffic management and the proper positioning and maintenance of traffic control devices.

(5) Traffic control devices may not be damaged and hidden from the view of road users. Traffic control devices may not be installed, moved or removed without an authorisation to do so.

(6) The Minister of Economic Affairs and Communications shall establish the meanings of road signs and road markings (road surface markings and vertical markings) by regulation.

§ 7. Meaning of traffic light signals

(1) A traffic light with circular shaped signals regulates vehicular traffic and, in the absence of a traffic light for pedestrians, pedestrian traffic. A traffic light has three circular shaped signals: red on top, amber in the centre and green on the bottom. In exceptional cases a horizontally mounted traffic light with red in the left, amber in the centre and green in the right may be used.

The signals have the following meanings:

1) green permits proceeding;

2) flashing green permits proceeding but informs that amber is about to illuminate;

3) amber prohibits proceeding; proceeding from the place designated for halting is permitted only if halting in that place is impossible without endangering road traffic; if the light illuminates at the moment when the driver is on the intersection or a pedestrian crossing, proceeding must be continued;

4) red prohibits proceeding;

5) red and amber at the same time prohibit proceeding and inform that green is about to illuminate.

(2) A traffic light with arrowheads regulates vehicular traffic at intersections. Signals are the shape of an arrowhead. Red and amber signals may be of circular shape; in that case they show the contour of an arrowhead. The signals are mounted vertically. The positioning of signals, sequence of illumination and meaning correspond to that of a traffic light with circular shaped signals. When a green arrowhead illuminates, traffic may proceed in the direction pointed by the arrowhead. A green illuminated arrowhead pointing to the left allows a U-turn from the very left lane.

(3) A traffic light with additional signals regulates vehicular traffic at an intersection. The main signals of the traffic light are mounted vertically, similarly to a traffic light with circular shaped signals. There is an additional arrowhead signal on one or both sides of the green signal, illuminating in green. When the green arrowhead signal illuminates, vehicles may proceed in the direction indicated by the arrowhead regardless of which main signal is illuminated. A green illuminated arrowhead pointing to the left allows a U-turn from the extreme left lane. When the arrowhead signal is not illuminated, vehicles may not proceed in the direction indicated by the arrowhead. The green signal of a traffic light may itself show an arrowhead indicating the permitted directions for traffic when illuminated.

(4) A traffic light with a flashing amber signal indicates an unregulated intersection, a pedestrian crossing or other dangerous location.

(5) A traffic light for public transport regulates traffic for trams and other public transport vehicles which drive on a separate lane. The traffic light has three vertically mounted white signals. The top signal is S-shaped, the middle signal is a horizontal bar and the bottom signal a vertical bar. The upper part of the vertical bar may be pointed in the direction of the turn. Illuminated signals have the following meanings: the top signal prohibits proceeding, the middle signal prohibits proceeding and informs that another signal is about to illuminate and the bottom signal allows to proceed.

(6) A direction-changing traffic light regulates traffic on lanes where traffic may change direction. When a red signal in the form of a tilted cross is illuminated in the left section of the traffic light, traffic may not proceed along the lane above which the traffic light is mounted. When a green signal in the form of an arrowhead pointing down is illuminated in the right section of a traffic light, traffic may proceed along the lane above which the traffic light is mounted. An intermediate section may also be used, incorporating a tilted amber arrowhead pointing down and flashing simultaneously with the green or being illuminated all the time. Illumination of the arrowhead in the intermediate section indicates that this direction will soon be closed for the traffic and vehicles need to proceed to a lane in the direction indicated by the arrowhead. When a direction-changing traffic light is not illuminated and is located above a lane marked by a double broken line, proceeding onto this lane is prohibited.

(7) A traffic light at a crossing regulates traffic at level crossings, berths, places of exit of emergency vehicles and movable bridges. The traffic light has two flashing red signals. Flashing prohibits advancement. On level crossings a slowly flashing white signal may be used in addition to the two red flashing signals; the level crossing may be traversed when the white signal is flashing but not when the red signals are flashing. A traffic light at a crossing may also incorporate only a red and a green signal which have the same meaning as in a traffic light with circular shaped signals.

(8) A bicycle traffic light regulates the traffic of cycles, segways, mini mopeds and mopeds on the lane designated for their movement or on a cycle track. A traffic light with a pedestrian and cycle pictograph regulates the traffic of pedestrians, segway drivers and cyclists. The shape of the traffic light and the position and meaning of signals are the same as in a traffic light with circular shaped signals. The signals show a pictogram of a cycle or of a cycle and a pedestrian or incorporate an additional section with the pictograph of a cycle next to the traffic light with circular shaped signals.

(9) A pedestrian traffic light regulates the traffic of pedestrians and segway drivers. A pedestrian traffic light also regulates the traffic of cyclists if a cycle and pedestrian track has no bicycle traffic light. The upper part of the traffic light shows a red pictograph of a pedestrian, prohibiting pedestrians and segway drivers to cross the carriageway, and the lower part a green pictograph of a pedestrian, allowing pedestrians and segway drivers to cross the carriageway. The traffic light may be equipped with an audible signal which, when beeping with long intervals, indicates that the red signal is illuminated, and when continuous, indicates that the green signal is illuminated. If necessary, the pedestrian traffic light may have two upper red signals showing a pictograph of a pedestrian.

(10) A countdown timer may be incorporated into a traffic light regulating the traffic of pedestrians and cyclists, indicating how many seconds are remaining until another signal illuminates.

(11) The Minister of Economic Affairs and Communications shall establish the requirements for traffic lights by regulation.

§ 8. Traffic control

(1) An authorised official controls traffic if it needs to be done in a way differing from the signals given by traffic control devices or if the existing traffic control devices do not ensure a normal flow of traffic during a certain time period, as well as in the case of traffic obstacles or congestions or in other cases of traffic disturbances.

(2) The directions given by an authorised official shall be clearly visible and unambiguous. The authorised official shall give the directions in good time so that drivers would not cause a dangerous traffic situation due to an unexpected manoeuvre or a sudden change in speed and would not disturb other road users. The authorised official may use a whistle, audible warning or other device to give directions.

(3) Traffic is controlled by a police officer or a special constable who has undergone the corresponding training. Traffic may also be controlled within the obtained competence and after having undergone the corresponding training by:

1) authorised officials of the Defence Forces of Estonia and the National Defence League if a motorcade of the Defence Forces of Estonia and the National Defence League participates in traffic;

2) rescue service officials and persons involved in rescue works;

3) nature protection officials in a protected area for the purposes of the Nature Protection Act, in a special conversation area, in a species protection zone or a limited management zone of an individual protected natural object and on the roads leading thereto;

4) persons in charge of state forest management or officials of state agencies on forest roads;

5) railway workers on level crossings;

6) persons in charge of ferry traffic in ports;

7) persons in charge of parking in car-parks;

8) persons assigned by a road owner or administrative authority to temporarily control traffic due to road works or during duly approved events or in other cases where traffic is disturbed or a road is temporarily closed for general traffic;

9) persons accompanying a large or heavy goods vehicle where traffic is disturbed or endangered due to the largeness or heaviness of the vehicle;

10) persons accompanying children’s groups in order to ensure safety of the children;

11) ambulance crew members at scenes of traffic accident in order to ensure safety of the victims and the ambulance crew;

12) persons undergoing the training for authorised officials.

§ 9. Requirements for authorised officials and trainers of authorised officials

(1) An authorised official shall wear the high-visibility warning clothing or uniform specified in subsection 11 (1) of this Act.

(2) As an exception, a safety waistcoat specified in subsection 11 (2) of this Act may be worn in urgent cases or in short-time traffic control episodes.

(3) An authorised official shall be at least 18 years of age and shall have undergone training pursuant to the established procedure. As an exception, an authorised official controlling parking in a car-park may be at least 16 years of age. An authorised official accompanying the carriage of special goods shall in addition have the right to drive a road train belonging to category CE. An authorised official specified in clauses 8 (3) 8) and 9) of this Act shall have the certificate of an authorised official and their health condition shall correspond to at least the health requirements established for the driver of a motor vehicle belonging to category B as provided for in subsection 101 (10).

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(4) The requirements specified in subsection (3) of this section shall not cover police officers and authorised officials of the Defence Forces of Estonia and the National Defence League.

(5) In the case of events or activities which are not periodically recurring and require traffic control for up to three days, except accompanying carriage of special goods, persons having undergone a training of an authorised official coached by a training provider specified in subsection (8) of this section, may train an authorised official. An owner of a road on which traffic control is to take place has the right to request the use of an authorised official specified in subsection (3).

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(6) The training of authorised officials and the practical training on the road of authorised officials by a training provider approved by the Road Administration shall take place under the direct supervision of an authorised official specified in subsection (3) of this section, who is at least 24 years of age, upon the approval of and on the conditions specified by the owner of the road.

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(7) A police officer and a road owner shall have the right to suspend the activities of an authorised official specified in subsection (3) of this section if the authorised official does not achieve the aim of traffic control or causes a traffic hazard as a result of their activities. In the event of suspension of the activities of the authorised official, the police officer has the right to order that the person who granted authorisation to control traffic ensure, within a reasonable time, the replacement of the authorised official by an authorised official who complies with the requirements provided by law.

[RT I, 31.12.2010, 3 – entry into force 01.01.2012]

(8) Training providers approved by the Road Administration shall have the right to train authorised officials.

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(9) To obtain the approval specified in subsection (8) of this section, the following documents and information shall be submitted to the Road Administration:

1) an application;

2) a curriculum corresponding to the requirements for the curricula of the training course for authorised officials specified in subsection (12) of this section;

3) information on the professional qualification of lecturers foreseen for the training of authorised officials;

4) a written consent to commence work given by the lecturers specified in clause 3) of this subsection.

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(10) The Road Administration refuses to approve a training provider if:

1) the curricula submitted by the educational institution do not meet the established requirements;

2) the training provider does not have lecturers meeting the requirements specified in subsection (12) of this section, or

3) false information was given upon application for approval.

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(11) The Road Administration shall have the right to declare invalid the approval for organising training for authorised officials, specified in subsection (8) of this section, if:

1) false information was submitted upon application for approval;

2) the training does not correspond to the requirements established by the Minister of Economic Affairs and Communications as specified in subsection (12) of this section, or

3) the training provider has decided to terminate the training of authorised officials.

[RT I, 31.12.2010, 3 - entry into force 01.01.2012]

(12) The Minister of Economic Affairs and Communications shall establish by regulation the procedure for the training of authorised officials and the form, procedure of issue and declaring invalid of certificates of authorised officials, as well as the curricula and requirements for the qualification of lecturers.

§ 10. Directions given by authorised officials

(1) Arm of the authorised official raised upright means that road users have to stop. Road users shall stop immediately after the authorised official has raised an arm and has pointed to a place for stopping. If the direction is given at the moment when a driver is at an intersection or on a pedestrian crossing, the driver must proceed.

(2) Arm or arms of the authorised official, outstretched horizontally constitute a stop signal for all road users approaching from any direction which would cut across that indicated by the outstretched arm or arms; after the authorised official has made this gesture and lowered an arm or arms, it will constitute a stop signal for drivers in front of or behind the official.

(3) Drivers towards whom an authorised official is with his or her side may drive to the right, forward, left or back. The authorised official may also make a gesture in a direction of traffic, allowing road users to proceed in this direction.

(4) Authorised officials may use other gestures or oral instructions to give comprehensible directions to road users.

(5) A direction prohibiting advancement shall be valid until a direction allowing advancement is given.

(6) Proceeding is allowed in directions in which it is not prohibited.

(7) Directions given at intersections and on the roads between intersections have the same meaning.

(8) Traffic control directions are given by:

1) a traffic baton striped in black and white;

2) a red reflective disk;

3) a disk featuring the traffic sign “Closed to all vehicles”;

4) hand.

(9) A disk featuring the traffic sign “Closed to all vehicles” may also be used by other authorised officials if the image “Closed to all vehicles” is replaced by other words characterising the profession of the authorised official or an organisation, e.g. “Rescue”, “Nature protection”, “Roadworks”, “Children”, etc.

§ 11. Requirements for high-visibility warning clothing, safety waistcoats and reflex reflectors of animal-drawn vehicles, cycles, segways, mini mopeds and pedestrians

(1) High-visibility warning clothing shall be yellow-green safety clothing of class 3 meeting standard EVS-EN 471 “High-visibility warning clothing for professional use. Test methods and requirements”.

(2) A safety waistcoat shall be a safety waistcoat or warning clothing of at least class 2 meeting the requirements of standard EVS-EN 471 “High-visibility warning clothing for professional use. Test methods and requirements”.

(3) Helmets for pedal cyclists shall meet the requirements of standard EVS-EN 1078 “Helmets for pedal cyclists and for users of skateboards and roller skates”.

(4) Reflex reflectors used by pedestrians shall meet the requirements of standard EVS-EN 13356 “Visibility accessories for non-professional use. Test methods and requirements”.

(5) Reflex reflectors used on animal-drawn vehicles, cycles, mini mopeds and segways shall meet the requirements set out in subsection 73 (11) of this Act.

§ 12. Traffic restrictions

(1) An owner of a publicly used road has the right to temporarily or permanently restrict vehicular traffic, depending on the mass, axle load, dimensions or category of vehicle, or pedestrian traffic, or to prohibit traffic for ensuring the safety of road users, performing road maintenance works, preventing damage to road and road structures, reducing the harmful impact on the natural environment or ensuring a physical and social environment for the purposes of the Public Health Act.

(2) Where restriction of traffic is not due to impacts of nature (thawing of earth, storm and rain damage or other such impact) or other extraordinary circumstances, the road owner or the person establishing the restriction shall ensure access of road users to the restricted areas by other roads, by other modes of travel or during another time period.

(3) For the purposes of this Act, a road owner is:

1) on national roads – the Road Administration;

2) [Repealed - RT I, 17.03.2011, 1 – entry into force 01.07.2011]

3) on local roads – rural municipality or city government;

4) on winter roads – the person constructing the winter road.

(4) The owner of a public road shall give notification of any changes in the organisation of use of roads for the purposes of section 31 of the Roads Act, to road users needing such information, and in the case of a permanent restriction, of the administrative body establishing such restriction and the marking used on the road.

(5) The Minister of Economic Affairs and Communications shall establish by regulation the publication of traffic restrictions and the procedure for application for an issue of a permit for a traffic ban.

§ 13. Environmental requirements

(1) Drivers shall not damage the environment with excessive noise, dust or exhaust gases produced by the engine or other devices of vehicles if it is possible to avoid such damage.

(2) Power-driven vehicles may not be washed in bodies of water or on the shore closer than 10 metres to the shore-line.

(3) Road users and drivers shall not:

1) damage, pollute or otherwise contaminate roads or areas adjacent to roads;

2) contaminate the environment with fuel or lubricants or change the oil of a power-driven vehicle in a place which is not designated for that purpose.

(4) A driver shall not drive a vehicle with a leak which contaminates the environment.

(5) The engines of vehicles standing or parking in calm traffic areas or residential areas shall not be left switched on for more than two minutes.

Chapter 2

TRAFFIC RULES

Division 1

General provisions

§ 14. Road traffic rules

(1) The right-hand rule of the road applies to vehicular traffic.

(2) All road users, managers of traffic and other persons shall follow the requirements of the traffic legislation, exercise carefulness and cautiousness in the traffic and ensure smoothness of traffic in order to prevent danger and causing damage.

(3) Where a temporary road sign (removable base) and a permanent road sign conflict, the temporary road sign takes precedence over the permanent road sign.

(4) Where temporary (yellow) road marking and permanent road marking conflict, the temporary road marking takes precedence over the permanent road marking.

(5) Where a traffic sign and road marking conflict, the traffic sign takes preference over the road marking.

(6) The signal of a traffic light permitting advancement or a direction given by an authorised official permitting advancement shall not override the procedure established by a road sign, except a warning sign indicating an intersection with a non-priority road, a warning sign indicating an intersection of roads of the same category and priority signs, or by road marking.

(7) Nobody shall endanger or obstruct traffic due to his or her action or failure to act. A person causing danger shall take all measures in his or her power to eliminate the danger or reduce its harmful effects. If necessary, police shall be informed of the danger caused.

(8) Equipment or materials endangering or obstructing the movement of pedestrians, especially elderly or disabled persons, may not be placed on a pavement or shoulder without the consent of the owner of the road.

§ 15. Speed limit

(1) The speed limit is:

1) 90 kilometres per hour on roads outside built-up areas;

2) 50 kilometres per hour in built-up areas;

3) 10–25 kilometres per hour on an ice road or 40–70 kilometres per hour if the thickness of ice is up to 50 centimetres. The speed limit is 70 kilometres per hour if the thickness of ice is more than 50 centimetres;

4) 50 kilometres per hour upon drawing;

5) 25 kilometres per hour upon haulage of a towed machinery;

6) 20 kilometres per hour in calm traffic areas. In close proximity to a pedestrian, vehicles may drive at the speed of the pedestrian;

7) 60 kilometres per hour for buses if there are passengers standing or sitting sideways to the direction of the traffic in the bus;

8) 60 kilometres per hour for trucks if a person escorting or fetching the cargo is on the open load bed of the truck or if the truck is used in the Defence Forces of Estonia or by the National Defence League for transportation of people;

9) 45 kilometres per hour for mopeds;

10) 40 kilometres per hour for mobile machinery;

11) 25 kilometres per hour for mini mopeds;

12) 20 kilometres per hour for segways;

13) 50 kilometres per hour for off-road vehicles if the off-road vehicle is used for driving on a road in the cases specified in subsection 154 (1) of this Act.

(2) Pursuant to subsection (4) of this section and depending on the traffic and road conditions, safety and category of vehicle:

1) the Road Administration may increase the speed limit on rural roads to 120 kilometres per hour;

2) local governments may increase the speed limit on roads in built-up areas to 90 kilometres per hour.

(3) The requirement for the speed limit specified in clause (1) 7) of this section shall not be extended to the derogations set out in subsection 73 (11) of this Act.

(4) The Minister of Economic Affairs and Communications shall establish by regulation the terms and procedure for increasing the speed limit.

(5) An owner of a road may reduce the speed limit specified in clauses (1) 1) and (1) 2) of this section depending on the traffic and road conditions, safety and category of vehicles.

§ 16. Duties of road users

(1) Road users shall be polite and mindful of other road users and avoid any behaviour that may obstruct traffic or endanger or be harmful to people, property or the environment.

(2) Road users shall be guided by the directions given by an authorised official and comply with other traffic instructions given by an authorised official or an inspector or a traffic control device and follow the procedure for use of signage for vehicles.

(3) Road users shall follow the instructions given by an authorised official even if such instructions are in contradiction with this Act or a traffic control device, except if it endangers the life, health or property of people or the environment.

(4) Road users shall not obstruct funeral or other processions, a children’s group accompanied by an adult or a motorcade of vehicles escorted by an authorised official.

§ 17. General obligations of giving way

(1) Road users shall follow the requirements of traffic control devices and directions of authorised officials when giving way.

(2) Road users shall give way to a vehicle with a flashing blue light and with or without special audible warning and to a vehicle escorted by such vehicle, as well as to a vehicle with a flashing yellow light working on the road or a vehicle escorting such vehicle. If necessary, road users shall halt to give way.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) Every driver emerging from a car-park, a calm traffic area, an area adjacent to a road or an access road on to a carriageway shall give way to road users travelling on that road, unless the obligation to give way is regulated otherwise by traffic control devices.

(4) Every driver emerging from an earth-track on to a gravel road or a paved road shall give way to road users travelling on that road, unless the obligation to give way is regulated otherwise by traffic control devices.

(5) Drivers of trackless vehicles shall give way:

1) upon leaving a carriageway, to pedestrians, drivers of segways, cyclists or drivers of mopeds and mini mopeds, unless the obligation to give way is regulated otherwise by traffic control devices;

2) to pedestrians, cyclists, drivers of segways, cyclists or drivers of mopeds and mini mopeds who cross the carriageway on to which the driver is turning, unless the obligation to give way is regulated otherwise by traffic control devices;

3) upon turning left or making a U-turn, to the road users driving in the oncoming traffic or to drivers overtaking such road users, unless established otherwise by traffic control devices;

4) to pedestrians entering or alighting from a public transport vehicle which has halted at a stop in the middle of the carriageway appropriate to the direction of traffic;

5) a driver of a vehicle approaching from the right or being located on the right side if the trajectories of both vehicles intersect and the sequence of movement is not specified otherwise in this Act;

6) upon reversing, to all other road users;

7) upon emerging to the carriageway along an acceleration lane, to the drivers travelling on the carriageway;

8) to the driver of a tram if the trajectories of a trackless vehicle and a tram intersect, unless it is established otherwise by traffic control devices.

§ 18. Indication of an intention to give way

(1) A driver obliged to give way pursuant to traffic rules or traffic control devices shall clearly indicate by slowing the speed or halting that he or she intends to follow the obligation to give way.

(2) Every driver approaching an intersection shall drive in such a way as not to disturb traffic at the intersection upon halting.

§ 19. Duties of road users in traversing level crossings

(1) Road users shall exercise extra care in traversing level crossings. When a road user hears or sees an approaching railway vehicle, he or she shall give way to it. Road users shall comply with traffic signs, sound and light signals, position of the barrier and directions given by an authorised official.

(2) A road user may not traverse a level crossing:

1) if a traffic light shows a prohibiting signal, regardless of the presence or position of the barrier;

2) if the barrier is in the process of being placed across the road, is across the road or in the process of being raised, regardless of the signals indicated by traffic lights;

3) if a prohibiting direction is given by an authorised official;

4) by lingering.

§ 20. Standing and parking of vehicles

(1) Drivers may not stand or park their vehicles in such a way that it obstructs other vehicles proceeding into or out of yards, garages, calm traffic areas and areas adjacent to a road, and obstruct the movement of pedestrians on pedestrian crossings and at intersections in the direction appropriate to the direction of pavements.

(2) On the roads in built-up areas, vehicles may stand or park on a carriageway near to its right edge or on its right-hand shoulder in such a way that at least a strip of 0.7 metres would be available for the movement of pedestrians. In built-up areas, vehicles may stand or park in a similar way on the left-hand side of a one-way road or on such a two-way road which has no tramway track in the middle and one lane in both directions separated by a broken line or, if no broken line exists, the carriageway is less than nine metres wide without taking into account the width of possible car-parks constructed as an extension to the carriageway.

(3) On carriageways in built-up areas, vehicles may stand or park in one line, however two-wheeled motorcycles without a side-car, cycles, mopeds and mini mopeds may stand or park two abreast. The longitudinal axis of the vehicle must be parallel to the carriageway and, if no obstruction exists, the vehicle must be no further than 0.2 metres from the edge of the carriageway. This requirement shall not be applied to vehicles parked pursuant to subsection (4) of this section.

(4) In built-up areas, power-driven vehicles of less than six metres long belonging to category A, category B without trailer or subcategory D1 without trailer may stand or park also:

1) on the carriageway at a certain angle to its edge at a place where it is allowed by a traffic control device or there is a lay-by;

2) in a car-park next to the pavement by the procedure established by a traffic control device;

3) partly or completely on a pavement if so allowed by a respective traffic control device, leaving at least a 1.5 metre wide strip available for the movement of pedestrians on the verge of the pavement further away from the carriageway;

4) on a safety island and dividing strip if so allowed by a respective traffic control device.

(5) Power-driven vehicles not specified subsection (4) of this section may not in any way park in any of the places specified in clauses (4) 1) to (4) 3).

(6) A vehicle may stand on a pavement also for loading or unloading cargo, but not closer than 15 metres to a stopping point of public transport vehicles and leaving at least a 1.5 metre wide strip for the movement of pedestrians.

(7) On rural roads, vehicles may stand or park on the right-hand shoulder. If this requirement cannot be complied with, a vehicle may stand or park on the road as much to the right as possible. Vehicles may stand and park only in one line and the longitudinal axis of the vehicle must be parallel to the edge of the carriageway.

(8) At night-time, vehicles may stand or park outside built-up areas only in car-parks or rest areas.

(9) Before leaving the vehicle, every driver shall take precautions to prevent the vehicle from moving spontaneously and to avoid its unauthorised use.

§ 21. Prohibition of standing or parking

(1) Vehicles may not stand or park at the edge of the carriageway towards the dividing strip, except at places and in the way indicated by traffic control devices.

(2) Vehicles may not stand:

1) at any place where traffic control devices do not allow it;

2) at level crossings;

3) on a tramway track or closer than one metre to a tramway track;

4) on or under a bridge, trestle or overpass, save in such spaces as may be specially marked for parking;

5) at any point where the standing vehicle would prevent the traffic of other vehicles or would obstruct pedestrians;

6) on pedestrian crossings, on intersections of a cycle track or a cycle and pedestrian track with a carriageway or closer than five metres to such places, and on the left-hand side of a two-way road closer than five metres after such places and on a cycle lane;

7) at any place where the distance between the continuous line marking the direction of traffic or a lane and the standing vehicle is less than three metres;

8) on a lay-by for public transport vehicles of category D or on a road marking for a public transport vehicle stop, or in their absence, on the side of the stop at less than 15 metres to the road sign indicating a bus stop, trolleybus stop or taxi stop, provided that such standing obstructs the traffic of public transport vehicles of category D or taxis;

9) at less than 15 metres to a road sign indicating a tram stop;

10) at any place where the vehicle would hide traffic light signals or road signs from the view of other road users;

11) on carriageways in places of limited visibility;

12) on a green area without the consent of its owner or possessor;

13) on the dividing strip and at any place where it is disrupted, save in cases allowed by traffic control devices;

14) at a distance less than five metres to an intersecting carriageway but not where a pavement or a cycle and pedestrian track intersect;

15) at an intersection, save in places allowed for parking. As an exception, vehicles may stand and park at a three-forked intersection on a road directly traversing the intersection, if they do so on the opposite side to the road not continuing from the intersection, provided that a traffic control device prohibits crossing between the sides of the direction of traffic;

16) for loading and unloading cargo on deceleration and acceleration lanes and at any place where one lane exists next to the lane allowing only a left turn or a U-turn.

(3) Public transport vehicles of category D may stand at stops for public transport vehicles of category D specified in clause (2) 8) of this section and taxis may stand and park at taxi stops.

(4) Parking is prohibited:

1) at any place where vehicles may not stand;

2) at any place where it is prohibited by a traffic control device;

3) on a carriageway at a distance of less than 50 metres to a level crossing;

4) outside parking places marked as such on the road;

5) outside built-up areas on carriageways of roads marked as priority roads by appropriate signs;

6) on deceleration and acceleration lanes;

7) at any place where one lane exists next to the lane allowing only a left turn or a U-turn;

8) at any place where the vehicle would obstruct another vehicle approaching a parking place or exiting a parking place.

Division 2

Traffic rules for pedestrians

§ 22. Location of pedestrians on road

(1) Pedestrians shall use pavements or parts of roads designated for pedestrian use. Pedestrians using a skateboard, roller skates, roller skis, a scooter, a kicksled or other similar items to travel shall not endanger pedestrians or persons in a wheelchair travelling on the pavement or on a cycle and pedestrian track.

(2) If the density of traffic so permits, pedestrians may also walk on a cycle track but shall not obstruct cycle, segway, moped and mini moped traffic in doing so, and on the part of a cycle and pedestrian track designated for cyclists without obstructing cycle traffic.

(3) On any roads where the speed limit for vehicles exceeds 20 kilometres per hour, pedestrians shall walk on a pavement or if none is provided, on the shoulder of the road. In the absence of such places or unsuitability thereof for pedestrian traffic, pedestrians may walk on the carriageway by keeping as close to its edge as possible.

(4) Pedestrians walking on a rural two-way carriageway with no dividing strip and no pavement shall walk only on the left shoulder, or in the absence of a shoulder or unsuitability thereof for pedestrian traffic, on the carriageway as close to its left edge as possible without obstructing vehicles. Pedestrians walking on the carriageway shall, at night-time or when visibility is inadequate, walk in a single line.

(5) Pedestrians pushing a cycle, segway, mini moped, moped or motorcycle shall keep to the side of the carriageway appropriate to the direction of traffic, and if possible, outside the carriageway.

(6) Organised groups of persons, except groups of children of pre-school age or elementary school for the purposes of subsection (7) of this section, may walk only close to the right edge of a carriageway or on the pavement no more than four persons abreast, without obstructing pedestrians. The person in charge of the group shall ensure safety by using all appropriate means, such as flags or, at night-time, by reflect reflectors, lanterns or other such means as specified in subsection (8).

(7) Groups of children of pre-school age or elementary school (hereinafter group of children) may walk only on the pavement two children abreast and accompanied by adults. If no pavement is provided, a group of children may walk on the shoulder, and on roads within built-up areas without lighting and on rural roads only in the daylight and in the case of two-way traffic where no dividing strip is provided, on the left shoulder. The person accompanying the group of children shall ensure safety and wear a safety waistcoat.

(8) Pedestrians walking on the road in inadequate visibility or at night-time shall wear a reflex reflector or a light source.

(9) Disabled persons using a wheelchair may travel on the carriageway close to its right edge appropriate to the direction of traffic. When travelling at night-time or in inadequate visibility, a wheelchair shall have a reflex reflector or a red lamp on the rear left side.

§ 23. Duties of pedestrians in ensuring safety of children

An adult accompanying a child of pre-school age shall observe the child and prevent any sudden movement of the child on to the carriageway.

§ 24. Places for crossing a carriageway

(1) Pedestrians may cross a carriageway by using a pedestrian overpass or tunnel, a pedestrian crossing or crossing (without stepping out of its borders) or at an intersection.

(2) If the entry to a pedestrian overpass or tunnel, a pedestrian crossing or crossing or an intersection is closer than 100 metres, pedestrians may cross the carriageway only by using them. Pedestrians may cross a carriageway at a distance of more than 100 metres of the above places only if the visibility of the carriageway is good in both directions and crossing the carriageway poses no traffic hazard.

§ 25. Requirements for crossing a carriageway

(1) Once they have started to cross a carriageway, pedestrians shall not linger or stop on the carriageway unnecessarily. Pedestrians using a skateboard, roller skates, roller skis, a scooter, a kicksled or other similar items shall cross the carriageway at the normal speed of a pedestrian.

(2) Pedestrians shall cross a carriageway by the shortest possible route, and where a safety island is provided, by using it.

(3) If the intersection or crossing is regulated, pedestrians shall obey the signals of traffic lights, or in the presence of an authorised official, his or her directions.

(4) At a regulated intersection where no surface marking is provided for the pedestrian crossing, pedestrians shall cross the carriageway in the direction appropriate to the direction of pavements, and if traffic lights are provided on safety islands, by using the safety islands. If the green signal allows pedestrians to cross the intersection simultaneously on all roads entering the intersection, they may cross the intersection in any direction. If the crossing is not equipped with traffic lights for pedestrians, the pedestrians shall obey the traffic lights for vehicular traffic.

(5) If the red signal of the traffic light for pedestrians illuminates while a pedestrian is on the carriageway, or in the absence of such traffic light the amber signal of the traffic light for vehicular traffic illuminates or an authorised official gives a general signal prohibiting advancement, pedestrians shall, depending of their location, continue to move to the nearest safety island or, if no safety island is provided, complete crossing the carriageway.

(6) Pedestrians shall not obstruct vehicles approaching or directly crossing an unregulated intersection.

(7) On unregulated pedestrian crossings, pedestrians shall take into account the distance and speed of approaching vehicles before stepping onto the carriageway, give the drivers an opportunity to smoothly reduce the speed or bring the vehicle to a halt, and make sure that the driver has noticed the pedestrian and that it would be safe to cross the carriageway.

(8) If a pedestrian crossing a carriageway at un unregulated place has stopped to give way to a vehicle, he or she may proceed only when making sure that crossing would be safe.

§ 26. Prohibitions for pedestrian traffic

Pedestrians may not:

1) cross the carriageway at places where a barrier has been placed to ban pedestrian traffic, and in built-up areas on roads having a dividing strip outside a passenger overpass or tunnel, pedestrian crossing or crossing;

2) step on the carriageway from behind a standing vehicle or other obstacle without ascertaining that no vehicle is approaching;

3) walk on a motorway;

4) walk on a carriageway with a dividing strip next to the dividing strip or along the dividing strip if no pavement on the dividing strip is provided.

§ 27. Requirements for pedestrians with handcart

(1) Pedestrians with bulky objects or a handcart may use the carriageway if they would inconvenience other pedestrians by walking on the pavement or shoulder and walking on the carriageway does not place them and other road users in danger.

(2) A handcart, the width of which is more than one metre, used by a pedestrian at night-time or in inadequate visibility, shall be equipped on the left side with a white lamp in the front and with a red lamp on the rear. Instead of these lamps, one lamp may be used on a handcart on the left side, featuring white in the front and red on the rear.

Division 3

Traffic rules for passengers

§ 28. Duty of passenger to driver

Passengers shall not act in a manner which distracts the driver from driving the vehicle while the vehicle is moving.

§ 29. Entering or alighting from a vehicle

(1) Entering or alighting from a vehicle is allowed only when the vehicle is standing.

(2) The door of the vehicle may not be opened before the vehicle has stopped. Opening the door of a vehicle shall not endanger or obstruct other road users. The door on the side of the carriageway or cycle lane shall not remain open for longer than is necessary for the passengers to enter or alight from the vehicle.

(3) Passengers may enter or alight from a trackless vehicle on the side of the carriageway or on the rear only if it is safe and does not endanger other road users.

(4) Public transport vehicles may be waited for on the waiting platform, and where no platform is provided, only on the pavement or shoulder.

(5) In a stop for public transport vehicles without a waiting platform, passengers may step on the carriageway for entering the public transport vehicle only after it has stopped. Passengers alighting from a public transport vehicle shall immediately leave the carriageway.

§ 30. Use of safety equipment

(1) The wearing of seat belts as required is compulsory for passengers of vehicles, occupying seats equipped with such belts.

(2) The wearing of seat belts for passengers is not compulsory:

1) when driving on an ice road;

2) if the passenger performs official duties which require stopping the vehicle at every 100 metres or less, or

3) if the passenger produces a written certificate issued by a doctor indicating a contraindication for wearing a seat belt.

(3) In vehicles where head restraints are compulsory, the head restraints shall be adjusted in such a way that they would support the nape of the passenger.

(4) Passengers driving on a motorcycle or moped shall wear a strapped motorcycle helmet.

(5) The requirement specified in subsection (4) of this section shall not apply to enclosed three-wheeled and four-wheeled motorcycles and mopeds which have seat belts and seats installed by the manufacturer.

(6) Cyclists and drivers of mini mopeds aged below 16 shall wear a strapped cycle helmet when riding or driving on a road.

Division 4

Traffic rules for cyclists and drivers of segways, mini mopeds and mopeds

§ 31. Duties of cyclists and drivers of segways, mini mopeds and mopeds

(1) Cyclists and drivers of segways, mini mopeds and mopeds aged below 16 shall wear a strapped cycle helmet when riding or driving on a road.

(2) Riding a cycle or driving a mini moped is allowed on cycle lanes or as close to the right edge of the carriageway as possible, save during a manoeuvre specified in subsection 48 (1) of this Act. Riding a cycle is also allowed on cycle and pedestrian tracks and shoulders if they are suitable for that purpose and if the riding does not endanger pedestrians.

(3) Driving segways is allowed on pavements, footpaths, cycle and pedestrian tracks, cycle tracks and cycle lanes. When crossing a carriageway on a pedestrian crossing, drivers of segways shall not endanger pedestrians crossing the carriageway. Drivers of segways shall not endanger or obstruct pedestrians when driving on pavements, footpaths and cycle and pedestrian tracks, cycle tracks and cycle lanes, and may only drive at the normal speed of pedestrians in their close proximity.

(4) Driving mopeds is allowed on carriageways, cycle lanes and cycle tracks.

(5) Cyclists shall not endanger pedestrians on cycle and pedestrian tracks. When crossing a carriageway on a pedestrian crossing, cyclists shall not endanger pedestrians crossing the carriageway. Cyclists specified in clause 32 (1) 1) of this Act shall not endanger or obstruct pedestrians when riding on pavements and may only ride at the normal speed of pedestrians in their close proximity.

(6) If a road has a separate cycle track and an unregulated intersection, except an intersection with a car-park, calm traffic area, resting place or an access road to an area adjacent to the road, cyclists and drivers of segways, mini mopeds and mopeds shall give way to road users on the road, unless the obligation to give way is regulated otherwise by traffic control devices.

(7) If a road has a separate cycle and pedestrian track and an unregulated intersection, except an intersection with a car-park, calm traffic area, resting place or an access road to an area adjacent to the road, cyclists and drivers of segways shall give way to road users on the road, unless the obligation to give way is regulated otherwise by traffic control devices.

(8) Cyclists and drivers of mini mopeds and mopeds may pass a standing or slowly moving vehicle on the right if there is enough space and the driver of the vehicle has not indicated a right turn.

(9) Cyclists and drivers of segways approaching an intersection with a carriageway on a cycle and pedestrian track, and cyclists and drivers of segways, mini mopeds and mopeds approaching an intersection with a carriageway on a cycle track shall slow down. Cyclists and drivers of segways, mini mopeds and mopeds shall cross the carriageway at the normal speed of a pedestrian.

§ 32. Restrictions to traffic of cyclists and drivers of segways, mini mopeds and mopeds

(1) Cyclists and drivers of segways, mini mopeds and mopeds shall not:

1) ride or drive on the pavement, except for drivers of segways, cyclists aged less than 13 years and up to two persons accompanying them, as well as cyclists with a small child in a child’s chair and cyclists if riding on the carriageway would be seriously inhibited due to the condition of the carriageway;

2) ride without holding the handle bar with two hands, except when giving a warning signal by hand. Cyclists may not ride without holding the handle bar;

3) allow the vehicle they are driving (except three- or four-wheeled mopeds) to be towed by an animal or another vehicle;

4) to carry objects which hamper their driving or endanger other road-users;

5) tow a trailer that is not designed for towing by a cycle, segway, mini moped or moped;

6) to carry a passenger who does not sit on the passenger saddle and does not wear a strapped helmet as required;

7) endanger other road users when driving in a motorcade.

(2) Drivers of mini mopeds and mopeds may not drive on pedestrian crossings.

(3) Moped drivers may not exceed the speed of 45 kilometres per hour, drivers of mini mopeds 25 kilometres per hour and drivers of segways 20 kilometres per hour.

(4) Cyclists and drivers of segways on a cycle and pedestrian track and cyclists and drivers of segways, mini mopeds and mopeds on a cycle track shall give way to pedestrians entering or alighting from a public transport vehicle which is standing at a tram or bus stop.

Division 5

Traffic rules for drivers

§ 33. General duties of drivers

(1) Drivers shall be mindful of less protected road users (pedestrians, cyclists, etc.) standing or travelling on the road or verge of road and shall avoid endangering them or causing them harm.

(2) Drivers shall be obliged to:

1) ascertain before driving that their health condition allows to drive a vehicle;

2) ascertain before driving that the vehicle is in a roadworthiness condition and observe the same during the drive;

3) ascertain before driving that all lamps and registration plates and the windows and rear-view mirrors of the vehicle within the driver’s field of vision are clean;

4) ascertain before driving that the rear-view mirrors and seat are in the right position;

5) ascertain before driving that they carry the documents required to drive the vehicle;

6) ascertain before driving that the driver and passengers properly use all the security equipment and not carry passengers who have not complied with this requirement;

7) ascertain before driving that the head restraints of the driver and passengers are adjusted in such a way that they support the nape, and not carry passengers who have not complied with this requirement, provided that head restraints are compulsory in the vehicle;

8) ascertain before pulling out, making a manoeuvre or bringing the vehicle to a halt that it is safe and would not obstruct or endanger other road users or road workers;

9) if conclusion of a liability insurance contract is required for the vehicle, ascertain before driving that the liability insurance contract (hereinafter motor third party liability insurance contract) concluded for the vehicle is in effect and a policy has been issued under such contract;

10) while driving a motorcycle or moped with a handle bar, hold the handle bar with both hands, except when giving a warning signal, wear a strapped motorcycle helmet and not carry passengers who do not comply with the latter requirement;

11) drive a motorcycle, off-road vehicle, tractor, moped, mini moped, segway or ride a cycle on the road in such a way that all wheels have constant contact with the road surface.

(3) In vehicles equipped with seat belts it is compulsory for drivers to wear it while driving.

(4) When driving a motorcycle or moped, drivers shall wear a strapped motorcycle helmet.

(6) The wearing of seat belts for the driver is not compulsory:

1) when driving on an ice road;

2) if the driver performs official duties which require stopping the vehicle at every 100 metres or less, or

3) if the driver produces a written certificate issued by a doctor indicating a contraindication for wearing a seat belt.

(7) In the case of an emergency stopping in inadequate visibility or at night-time, drivers of power-driven vehicles belonging to categories B, C, D or T shall wear a safety waistcoat when alighting from the motor vehicle or tractor and stepping onto the carriageway.

(8) Drivers of power-driven vehicles and trams shall know first aid measures.

(9) Drivers shall enable police officers to use their power-driven vehicle, except special purpose power-driven vehicles, for driving to the scene of an accident or an area of natural disaster or taking a person needing emergency medical aid to a medical institution.

(10) Subsection (9) of this section shall not be applied to diplomatic representatives of foreign countries, consular officials, representatives of special missions and international organisations, as well as workers of diplomatic representations of foreign countries, consular offices, special missions and representations of international organisations if they perform their official duties.

(11) It is prohibited for any driver to:

1) engage in activities which may impede the ability to drive or comprehension of the traffic environment while driving, including using a telephone without a hands-free device and holding a telephone in hand while the vehicle is moving;

2) drive a vehicle in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or in a state of health hazardous for traffic and to permit persons in any such state to drive his or her vehicle;

3) permit persons to drive a power-driven vehicle or tram if such persons are not in possession of a document certifying their right to drive such a vehicle;

4) have as a passenger a person who does not wear a seat belt as specified in subsection 30 (1) of this Act or does not use the safety equipment specified in subsections 30 (4) and 36 (6), unless it is an emergency situation.

(12) Drivers of public transport vehicles shall not open the doors of the vehicle until the vehicle has come to a complete halt and shall not advance before all passengers have alighted and the doors are completely closed.

§ 34. Carriage of passengers and goods

(1) Passengers and goods may be carried only in a way that does not interfere with driving or obstruct the driver’s view, does not hide the lamps, registration plates or other sign plates of the vehicle or the signals given by the driver.

(2) Passengers may be carried only on the seats and in the way specified by the manufacturer. Trailers belonging to a road train of subcategory D1E may not be used for carrying passengers. Persons accompanying or fetching cargo may sit on the open load bed of a truck only if there is a suitable and safe sitting place below the upper edge of the tailgate, and the maximum speed may not exceed 60 kilometres per hour.

(3) In the Defence Forces of Estonia and the National Defence League passengers may be carried in trucks adjusted for carrying persons and the maximum speed may not exceed 60 kilometres per hour.

(4) In the Defence Forces of Estonia and the National Defence League passengers may be carried in trucks by drivers of at least 18 years of age and with the right to drive motor vehicles belonging to categories C and C1, provided that they have undergone a respective training and have at least 6 months of experience in truck driving.

(5) The procedure for carriage of passengers and cargo in the Defence Forces of Estonia and the National Defence League shall be established by the Defence Minister by regulation.

(6) Cargo shall be placed, fixed and covered in such a way as to not endanger people, pollute the environment, cause damage to property or obstruct traffic. Carriage of goods shall take place in accordance with the procedure established by the Road Transport Act.

(7) When passing under a trestle, overpass, power or communication lines or other such installations, drivers shall always first ascertain its safety.

(8) No dimension of a laden or unladen vehicle, road train or machine train may exceed the requirements specified in subsection 80 (3) of this Act.

(9) If any of the dimensions of a laden or unladen vehicle, road train or machine train exceeds those specified in subsection 80 (3) of this Act, the vehicle may be used by the procedure specified in section 35 of the Roads Act.

(10) A heavy-goods or a large vehicle shall be identified as specified in subsection 73 (11) of this Act.

(11) The laden mass of a trailer of a road train or a machine train may not exceed the maximum mass of the trailer determined upon registration of the traction unit.

(12) The laden mass of a vehicle may not exceed the permissible maximum mass and the load on any axle may not exceed the registered axle load, unless a special permit has been issued by the procedure specified in subsection 35 (2) of the Roads Act.

(13) If the laden mass or axle load of a laden or unladen vehicle, road train or machine train exceeds the requirements specified in subsection 80 (3) of this Act, such vehicle, road train or machine train may be used by the procedure specified in section 35 of the Roads Act.

(14) Carriage of hazardous loads shall take place by the procedure specified in the Road Transport Act. A vehicle transporting a hazardous load shall have a respective danger label and a sign indicating hazardous load.

(15) Haulage of a towed machinery shall take place by the procedure specified in section 63 of this Act.

§ 35. Obligations of drivers in ensuring safety of pedestrians, segway drivers and cyclists

(1) Drivers shall not endanger pedestrians, drivers of segways or cyclists. Drivers shall be especially attentive of children, elderly persons and persons with symptoms of illness, persons with restricted mobility and blind persons.

(2) In addition to the provisions of subsection 17 (5) of this Act, drivers shall give way to pedestrians:

1) when reversing;

2) if a pedestrian is about to complete crossing the carriageway although the permitting signal of the traffic light has illuminated for the driver or an authorised official has indicated that advancement is permitted.

(3) Drivers shall always give way to blind pedestrians walking with a white cane or a guide dog.

(4) When approaching an unregulated pedestrian crossing, drivers shall drive at sufficiently low speed so as not to endanger pedestrians who have stepped or are about to step on the pedestrian crossing. If necessary, drivers need to stop so that pedestrians can cross the carriageway.

(5) If a vehicle has stopped or is about to stop before an unregulated passenger crossing on an adjacent lane appropriate to the direction of traffic, drivers may not overtake this vehicle before the crossing or at the crossing but shall stop before the crossing. Drivers may proceed to the crossing after ascertaining that it will not endanger pedestrians who have stepped or are about to step on the crossing.

(6) If there is a free lane between a vehicle that has stopped before a pedestrian crossing and a vehicle approaching the crossing, the drivers need not stop before the crossing but shall take into account the provisions of subsection (4) of this section.

(7) If the visibility of a crossing is limited on the side of oncoming traffic due to a standing vehicle or some other obstacle, drivers shall take special care so as not to endanger pedestrians on the crossing.

(8) Drivers may drive on to a crossing only if they are certain that they do not need to stop there.

(9) Drivers may not make a U-turn on a crossing.

(10) If vehicular traffic is regulated at a pedestrian crossing by traffic light signals or by an authorised official, drivers forbidden to proceed shall stop short of the stop line or the stop line sign or in their absence the crossing itself.

(11) If drivers have to traverse a regulated pedestrian crossing at the end of a side turn, they may, if there is no stop line or stop line sign, to traverse the crossing, giving way to pedestrians, cyclists and segway drivers who cross the carriageway during a permitting traffic light signal.

(12) If drivers have to traverse a regulated cycle track at the end of a side turn, they may, if there is no stop line or stop line sign, to traverse the cycle track while a permitting traffic light signal is illuminated, giving way to cyclists and segway drivers who cross the carriageway during a permitting traffic light signal.

§ 36. Additional requirements to ensure safety of children

(1) Drivers shall take into account that the development stage of children does not yet allow them to assess the traffic situation as a whole.

(2) When noticing a child or a bus displaying a children’s group sign standing on the road or at the edge of a road, drivers shall take special care and drive at a speed which enables them to avoid danger.

(3) In bus transport for the specific purpose of carrying children, sitting children under the age of 18 may be carried in the number corresponding to the number of seats in the bus; carrying of standing children is prohibited.

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(4) Buses used for carrying children shall display a children’s group sign in the front and at the rear and shall have emergency lamps switched on when stopping. The bus driver and the person accompanying the children’s group shall ensure safety when children enter or exit the bus or traverse the carriageway.

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(5) Drivers shall give way to children crossing a carriageway when signalled so by the person accompanying the group of children.

(6) If the child is not tall enough to wear a seat belt as required, a child seat or an infant seat or other proper safety device corresponding to the height and weight of the child shall be used when carrying such child by a motor vehicle. A child may be carried in the front seat of a passenger motor vehicle only if fixed properly by safety devices. Rear-facing safety devices shall not be used on seats equipped with an operational airbag.

(7) Children may be not held in the lap in the front seat of a motor vehicle while the vehicle moves. Adult passengers may hold one child under the age of 12 in the lap in the rear seat of a motor vehicle, except that of a passenger motor vehicle, provided that the passenger holding a child in the lap wears the seat belt and all the seats in the motor vehicle are taken. By way of exception, an adult passenger may hold one child under the age of seven years in their lap in a bus or trolleybus, except in the front seat.

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(8) If it is not possible to install safety equipment in the middle rear seat of a passenger motor vehicle due to the existence of safety equipment for two children, a child of at least three years shall be restrained with at least the lap belt for adults.

(9) Using safety equipment for children is not compulsory when carrying children less than three years of age in the rear seat of a taxi. Children under three years of age may be carried in a taxi in the lap of an adult if the passenger holding the child is properly wearing a seatbelt and has only one child in the lap. When carrying children older than three years in the rear seat of a taxi, at least one child shall be restrained by a seat belt pillow and, depending on the height of the child, by the seat belt for adults or only its lap belt or by some other appropriate safety equipment. Other children carried in the rear seat of a taxi shall wear at least the lap belt of the seat belt for adults.

(10) Children aged under 12 may not be carried in the rear seat of mopeds and motorcycles.

§ 37. Obligations of drivers when using the lane reserved for public transport vehicles and giving way to public transport vehicles

(1) Drivers whose vehicles have no right to drive on the lane reserved for public transport vehicles may use such lanes in the following exceptional cases:

1) drivers may move on to a lane reserved for public transport vehicles adjacent to the carriageway appropriate to the direction of traffic and not separated from the rest of the carriageway by a continuous line, before a turn or stopping in order to enable passengers to enter or alight, provided that it does not impede public transport vehicles providing regular services. It is allowed to drive on to such a lane reserved for public transport vehicles when completing a turn, after which the vehicle shall abandon it immediately;

2) a lane reserved for public transport vehicles on a carriageway provided with such lane may be traversed only across in places where it is not prohibited by traffic control devices.

(2) On roads in built-up areas where the speed limit is 50 kilometres per hour drivers shall give way to public transport vehicles of category D pulling out from stops.

§ 38. Obligations of drivers and passengers when a vehicle is stopped by an inspector

(1) Drivers of power-driven vehicles shall stop their vehicle if directed to do so by a police officer, a special constable or another person so authorised by law or other legislation issued pursuant to law. If the inspector has not indicated where to stop, the driver shall stop the vehicle on the right shoulder or, if no shoulder exists, close to the right edge of the carriageway.

(2) Drivers of power-driven vehicles and trams shall carry and present upon the request of an inspector the documents specified in section 88 and subsection 145 (2) of this Act.

(3) Drivers shall give the documents to be checked to the inspector without leaving the driver’s seat, handing them over through an open side window. The driver and the passenger shall remain in their seats and may leave the vehicle only when so permitted or requested by the inspector.

(4) If a vehicle has a compulsory tachograph and a speed limitation device, the driver shall make it possible to check the presence and operability of such devices, mounting plates, seals and compliance with the driving and rest time based on the record sheets or data of the tachograph. If there is a digital tachograph, drivers shall make it possible for the inspector to use a control card.

(5) Drivers shall make it possible to check whether the vehicle complies with the technical requirements and requirements for equipment.

(6) Drivers shall be entitled to request that the inspector presents his or her identification or some other document certifying his or her competence and to make the necessary notes.

§ 39. Signals given by drivers

(1) Drivers shall indicate a signal for a turn in due time depending on the traffic situation but not later than three seconds before advancing, making a manoeuvre or bringing the vehicle to a halt. Signalling for a turn shall be continued during the manoeuvre and terminated immediately after the manoeuvre, a signal by hand may be terminated immediately before advancing, making a manoeuvre or bringing the vehicle to a halt. Drivers shall ascertain after signalling a turn that they will be given way and it is safe to proceed.

(2) If a vehicle has by design no director-indicator lamps or stop lamps or the director-indicator lamps or stop lamps are not functioning or the emergency lamps are on, the driver shall give a signal by his or her arm as follows:

1) for the right turn – shoulder-height straight right arm extended to the side or shoulder-height left arm bent upwards at elbow at the right angle;

2) for the left turn – shoulder-height straight left arm extended to the side or shoulder-height right arm bent upwards at elbow at the right angle;

3) for stopping – moving up and down a straight arm extended to the side.

(3) Drivers may use audible warning only in the case of danger, or outside built-up areas also when it is necessary to attract the attention of road users.

(4) Drivers may blink the lamps only to attract the attention of road users.

(5) Giving of a warning shall not grant the driver right of way.

(6) Standing vehicles shall have emergency lights on:

1) outside built-up areas on carriageways or shoulders at night-time or in the case of inadequate visibility or when at least one front or rear position lamp do not function;

2) in the case of a traffic accident;

3) in the case of an emergency stopping.

(7) Driving vehicles shall have emergency lamps on at night-time or in the case of inadequate visibility or when at least one dipped-beam headlight or at least one rear position lamp does not function.

(8) Drivers of power-driven vehicles, except drivers of mopeds and two-wheeled motorcycles without a sidecar shall use a warning triangle:

1) in the absence of emergency lamps in the cases specified in subsection (6) of this section;

2) in the absence of emergency lamps or their non-functioning in the case specified in subsection (7) of this section, fixed in a visible place on the rear of the vehicle;

3) regardless of the presence of emergency lamps, if the vehicle has been brought to an emergency stopping or has undergone a traffic accident and is located on the carriageway in a place of inadequate or limited visibility, or if the cargo has fallen or flown onto the carriageway in such a place.

(9) The warning triangle shall be placed on the road at least 25 meters from the vehicle in built-up areas and at least 50 metres from the vehicle outside built-up areas. The distance from the vehicle shall be such as to make it visible under the conditions of dispersed daylight at the distance of at least 50 metres in built-up areas and at the distance of at least 100 metres outside built-up areas. In the case of an emergency stopping or a traffic accident it is allowed to place the warning triangle at a distance closer than those specified above, provided that it is placed towards the greater hazard at a distance enabling other drivers to notice the hazard in due time. Drivers may have yellow blinking lamps on in addition to the warning triangle.

§ 40. General requirements for using lamps

(1) On a moving power-driven vehicle dipped-beam headlamps or main-beam headlamps and front, rear, and side position lamps and rear registration plate lamp shall be lit. On a moving tram dipped-beam headlamps and the front, rear and side position lamps shall be lit. On a moving trailer front, rear and side position lamps and the rear registration plate lamp shall be lit.

(2) Daytime running lamps instead of dipped-beam headlamps may be used in the daytime. Daytime running lamps may be lit without front, rear and side position lamps and rear registration plate lamp.

(3) In the case of road trains (except road trains whose traction unit is a motor vehicle belonging to category B) and machine trains which have no upper front position lamps there shall be an illuminated road train sign above the cabin of the traction unit or the front part of the bodywork.

(4) Power-driven vehicles and their trailers standing or parked on an unilluminated road in inadequate visibility or at night time shall have front, rear and side position lamps and rear registration plate lamp lit. On roads outside built-up areas emergency lamps shall be lit in addition.

(5) Vehicles standing or parked on unlit roads outside built-up areas in inadequate visibility or at night time shall not have their dipped-beam headlamps, main-beam headlamps or fog lamps lit. Vehicles stopped on roads in built-up areas shall not have main-beam headlamps and fog lamps lit, unless fog lamps are used instead of dipped-beam headlamps. Vehicles parked on roads in built-up areas shall not have their dipped-beam headlamps, main-beam headlamps or fog lamps lit. Vehicles stopped on the left side of a road in a built-up area shall not have their dipped-beam headlamps lit.

(6) In built-up areas, instead of the front, rear and side position lamps specified in subsection (4) of this section, parking lamps on both sides or on the side of the traffic may be used if:

1) the power-driven vehicle is not longer than six metres and not wider than two metres;

2) the power-driven vehicle has no trailer.

(7) The requirements of subsections (4) and (6) of this section shall not be extended to stopped and parked vehicles which are:

1) on a road lighted in such a way that the vehicle can be noticed at sufficient distance;

2) outside carriageways and paved shoulder;

3) cycles, mini mopeds, mopeds or two-wheeled motorcycles without a sidecar and without a battery in built-up areas at the edge of a carriageway;

4) in calm traffic areas.

§ 41. Use of main-beam headlamps

(1) Main-beam headlamps may be used when driving at night time or in case of inadequate visibility.

(2) When a vehicle is following closely behind another vehicle, main-beam headlamps may be blinked for a short time to give a warning of the intention to overtake.

(3) Main-beam headlamps may not be used if:

1) the lighting of the road is sufficient to enable the driver to see clearly for at least 300 metres;

2) the distance to the vehicle approaching from the opposite direction is such that the lamps may dazzle its driver;

3) they start illuminating the vehicle driving in front;

4) they may dazzle other drivers, including the drivers on a waterway or railway running alongside the road. When waiting for the opportunity to traverse a level crossing, drivers may not dazzle the drivers of railway vehicles.

§ 42. Use of fog lamps

(1) Front fog lamps together with headlamps may be lit when driving in inadequate visibility due to fog, rain or snowfall.

(2) Front fog lamps may be used as a substitute to dipped-beam headlamps in the case specified in subsection 40 (1) of this Act.

(3) Rear fog lamps may only be used when driving on roads outside built-up areas in inadequate visibility due to fog, rain or snowfall or when snow, dust or mud lifted by the wind caused by driving considerably deteriorates the visibility of the rear lamps.

§ 43. Use of spot lights

Spot lights installed on the vehicle designed to illuminate a workplace may be lit only in relation to performing a work assignment. They may not dazzle other drivers.

§ 44. Yellow flashing lamp

(1) A yellow flashing lamp shall be installed and lit:

1) on vehicles performing road maintenance tasks and vehicles performing urgent tasks on the road (hereinafter maintenance vehicle);

2) on vehicles used as specified in section 35 of the Roads Act.

(2) If there is a risk that other road users may fail to notice the vehicle in good time or the vehicle presents a hazard or obstructs other road users, the flashing lamp may be installed and lit on a vehicle moving and performing works on the road for the following operations and situations:

1) operations to give assistance on the road by a power-driven vehicle designated for this purpose;

2) driving an agricultural or forest tractor or vehicles with a speed limit or with trailers which, cargo included, are wider than 2.55 metres;

3) driving a power-driven vehicle with its design speed not exceeding 40 kilometres per hour.

§ 45. Location of vehicles in driving

(1) On carriageways with road surface marking and separated into lanes, drivers shall drive within the borders of their lane.

(2) On two-way carriageways with the total width of three lanes with road surface marking it is forbidden to drive on to the very left (oncoming) lane. The middle lane may be used only for overtaking or rounding and it must be used for changing the lane before making a left turn or a U-turn.

(3) On two-way carriageways with the total width of four or more lanes it is not allowed to drive on the oncoming lane.

(4) Safety islands or other such structures separating the directions of traffic shall be passed on the right.

(5) Vehicles with the maximum speed of 40 kilometres per hour or which for some other reason not depending on the traffic flow cannot drive faster, shall drive on the very right lane. This requirement shall not apply:

1) when a vehicle is overtaking a vehicle driving in front;

2) when a vehicle is about to make a left turn or a U-turn;

3) to maintenance vehicles for maintenance works.

(6) On carriageways in built-up areas it is allowed to drive on any lane appropriate to the direction of traffic, provided that the requirements of section 37 of this Act are met.

(7) On roads outside built-up areas vehicles shall drive as close to the right edge of the carriageway as possible without endangering other road users, unless indicated otherwise by traffic control devices.

(8) If a carriageway outside built-up areas has several marked lanes on the side appropriate to the direction of traffic, the lanes on the left may be used only if the lanes on the right are occupied. In this case, driving on the oncoming lane is prohibited.

(9) Trackless vehicles may, without obstructing tram traffic, drive or stop on a tramway track appropriate to the direction of traffic and at grade with the carriageway, only if the number of lanes for trackless vehicles is not signposted. If the vehicle obstructs the tram traffic, the driver shall free the tramway track. Any driver approaching from the opposite direction shall make it possible for the driver of a vehicle turning left to free the tramway track.

(10) Trackless vehicles shall not drive on the oncoming tramway track.

(11) Emergency response vehicles may drive on the pavement, cycle lanes, cycle tracks, cycle and pedestrian tracks, safety islands and dividing strips if they perform official duties and it is not possible to perform such duties on the carriageway.

(12) Power-driven vehicles may drive on the shoulder only in the cases specified in subsections 20 (2) and 20 (7), subsection 48 (3), clause 52 (2) 3), subsection 53 (4) and subsection 54 (2) of this Act.

(13) Without obtaining permission from the owner or possessor of land, vehicles shall not drive onto green areas or earth-tracks developed into such by traffic on green areas or off-road in places not designated for the traffic of power-driven vehicles.

(14) Vehicles turning on to a road which is signposted as a road for variable direction traffic shall take the very right lane. Drivers may move to the lanes located towards the left only after they have ascertained that it is allowed to drive on such lanes in the direction appropriate to the direction of traffic.

§ 46. Separation and lateral distance

(1) Depending on the speed of the vehicle and the road and weather conditions, the driver of a vehicle moving behind another vehicle shall keep at a sufficient distance from that other vehicle to avoid collision if the vehicle in front should suddenly slow down or stop.

(2) Under normal conditions, the time required to cover the distance between vehicles moving after one another shall be at least two seconds on roads in built-up areas and at least three seconds on roads outside built-up areas. This requirement does not apply when a vehicle exits its lane for overtaking and has indicated this manoeuvre by winking a direction-indication lamp.

(3) Drivers shall keep a safe lateral distance when driving.

(4) On roads outside built-up areas which have one lane appropriate to the direction of traffic, the drivers not driving at the maximum speed allowed on such section of road shall keep a separation distance which is sufficient to enable the overtaking vehicles to move back to the lane where they were previously. This requirement shall not apply if the driver himself is preparing to overtake, if the traffic is dense or overtaking is not allowed on this section of road.

§ 47. Changing traffic lanes and traffic lines

(1) When drivers of vehicles driving side by side mutually change lanes and lines, the driver on the left shall give way to the driver on the right.

(2) On roads which have more than two lanes with road surface marking on the side appropriate to the direction of traffic, it is not allowed for drivers to overtake the vehicles in front when the traffic is dense and all lanes are equally full.

§ 48. Turns

(1) Before turning left or making a U-turn, drivers shall move in good time near the edge of the left side of the carriageway appropriate to the direction of traffic and, before turning right, to the right side of the carriageway appropriate to the direction of traffic, or to the lane designated for such turn by a traffic control device.

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(2) When making a turn on an intersection, drivers shall drive in such a way as to not enter the oncoming traffic lane when exiting the intersection of carriageways.

(3) If, due to the turning radius of the vehicle or condition of the road, a driver is not able to make a turn on an intersection or on a road between intersections as provided for in subsections (1) and (2) of this section and subsection 45 (3) of this Act, it is allowed to derogate from these requirements, including driving on to the shoulder, provided that by doing so the driver does not endanger or obstruct other road users or damage the track bed of the road.

(4) If a road has a deceleration lane, drivers intending to make a turn shall move on to that lane in good time and slow down once they are on such lane.

(5) If a road has an acceleration lane, drivers entering the road shall first drive on that lane and give way to the vehicles driving on the road when joining the traffic flow.

(6) Outside built-up areas it is allowed to make a left turn or a U-turn on roads with a dividing strip only in places signposted as such.

§ 49. Reversing and U-turns

(1) Any driver wishing to make a U-turn or to reverse shall do so without endangering or impeding other road-users. If necessary, the help of other persons shall be used.

(2) On a one-way road, reversing in the direction not appropriate to the direction of traffic is allowed only for a manoeuvre and without reversing to an intersection.

(3) A U-turn is not allowed:

1) on a pedestrian crossing;

2) on a level crossing;

3) in places of limited visibility.

§ 50. Choosing the driving speed

(1) Drivers shall observe the speed limit specified in section 15 of this Act.

(2) The speed limit of 90 kilometres per hour shall not be exceeded during driving practice and by drivers carrying a provisional driving licence or having a limited right to drive.

(3) Drivers shall adapt the speed of their vehicle to the situation but shall not exceed the speed limit. Drivers shall:

1) when choosing the speed, take into account their driving experience, road conditions, state of the road and the vehicle, peculiarities of any goods carried, weather conditions, density of the traffic and other traffic conditions so that they are able to stop the vehicle within the range of visibility in front of the vehicle and without hitting any obstacle which can reasonably be expected to be on the road;

2) shall reduce the speed and, if necessary, stop if the conditions so require, especially if visibility is inadequate;

3) when switching over from the main-beam headlamps to dipped-beam headlamps, adapt the speed of the vehicle to the new range of visibility;

4) reduce the speed so as to avoid lifting up water, mud, gravel or any other such material which may bring damage to other road users and to avoid or reduce lifting up dust to road users and residential areas adjacent to the road.

(4) Drivers shall drive at a sufficiently low speed and, if necessary, stop if they pass:

1) a child on the road or near the road;

2) a children’s bus on the road which has emergency lamps lit;

3) a blind pedestrian with a white cane or a guide dog;

4) a pedestrian when it is apparent that his or her movement is impeded or disturbed due to disability or illness;

5) a tram appropriate to the direction of traffic which is standing or is about to stop at a tram stop;

6) an emergency or a road service vehicle with a flashing lamp.

(5) Drivers shall not exceed:

1) the design speed of the vehicle. The speed of a road train or a machine train may not exceed the design speed of any vehicle in its composition;

2) the speed limit specified on the maximum speed sign;

3) the speed allowed by a traffic control device.

(6) The maximum speed sign specified in clause (5) 2) of this section shall be mounted on the rear of the vehicle visible to the vehicle driving after it, if the maximum speed of the vehicle, except segway, mini moped and moped, must be lower than the speed specified in clause 15 (1) 1) of this Act. Power-driven vehicles and road trains, except mopeds, which may not or cannot drive faster than 40 kilometres per hour, shall have a low-speed vehicle sign mounted on the rear of the vehicle either on the left edge or in the middle.

(7) Drivers shall not:

1) obstruct other vehicles by driving at an unjustifiably low speed;

2) apply the brakes abruptly, unless necessary for ensuring safety.

§ 51. Overtaking

(1) Drivers overtaking a vehicle moving in front shall do so on the left. If a vehicle moving in front clearly intends to turn left or make a U-turn, overtaking shall be effected on the right.

(2) Drivers overtaking a tram shall do so on the right. If a tramway track lies near to the right edge of the side appropriate to the direction of traffic, overtaking the tram shall be effected on the left.

(3) Before overtaking, every driver shall make sure:

1) that no driver who is following him or her has begun to overtake;

2) that the driver ahead of him or her in the same lane has not given warning of his or her intention to turn left;

3) that overtaking will not endanger or interfere with other road users;

4) that the lane which he or she or she will enter is free over a sufficient distance;

5) that the relative speed of the two vehicles allows overtaking within a sufficiently short time;

6) that it will be possible, without inconvenience to the driver overtaken, to resume the position in the previous lane.

(4) If an obstacle or a traffic hazard appears during overtaking which the driver could not foresee or was not able to properly assess before starting to overtake, he or she must abort the overtaking.

§ 52. Prohibition to overtake

(1) Drivers shall not overtake by using the lane for oncoming traffic:

1) if the requirements specified in subsection 51 (3) of this Act are not met;

2) on road sections with limited visibility;

3) on intersections and in their immediate vicinity on roads emerging into the intersection, except on intersections where drivers approaching from other directions have the obligation to give way;

4) on level crossings and their immediate vicinity before the level crossing;

5) on unregulated pedestrian crossings.

(2) Drivers shall not overtake in lanes appropriate to the direction of traffic:

1) on road sections of limited visibility where the lanes on the side appropriate to the direction of traffic are not marked on the road surface or the road surface marking is not visible;

2) on unregulated pedestrian crossings;

3) on deceleration and acceleration lanes and by using a shoulder or a lay-by for a public transport vehicle stop, except if a vehicle making a left turn or a U-turn is overtaken on the right.

§ 53. Mutual obligations of drivers when overtaking

(1) A driver overtaking another vehicle shall keep a safe separation and lateral distance to the vehicle being overtaken.

(2) A driver whose vehicle is overtaken on the left shall, taking into account the traffic situation, keep as much as possible to the right and not obstruct the overtaking vehicle by increasing the speed or in some other way.

(3) If a driver who has aborted an overtaking wishes to return to the lane appropriate to the direction of traffic, the drivers following him or her shall enable it.

(4) If, owing to the narrowness, profile or condition of the carriageway, taken in conjunction with the density of oncoming traffic, a vehicle which is slow or bulky or is required to observe a speed limit cannot be safely overtaken, the driver of such vehicle shall slow down and if necessary pull in to the side as soon as possible in order to allow vehicles following him or her to safely overtake.

§ 54. Passing

(1) Passing on oncoming traffic shall be effected on the right. Drivers turning left in opposite directions at an intersection may pass each other on the left, exercising extra care.

(2) When passing an oncoming vehicle on a narrow carriageway, vehicles shall keep as much to the right as possible and pull onto the shoulder if necessary.

(3) If passing is difficult due to an obstacle, the driver having the obstacle in front of him or her shall give way.

(4) On a downhill road signposted as such, drivers moving downhill shall give way in case of an obstacle.

(5) Overtaking vehicles on the side appropriate to the direction of traffic is prohibited in the cases specified in clauses 52 (2) 1) and 52 (2) 2) of this Act.

§ 55. Derogation from overtaking, passing and rounding

Overtaking, passing or rounding a slowly moving or standing maintenance vehicle with a flashing or revolving yellow lamp working on the road or a standing emergency vehicle with a flashing or revolving blue lamp is allowed without endangering other road users or persons working on the road on the right or on the left, depending on the situation, and the road surface marking prohibiting overtaking may be crossed in this situation.

§ 56. General requirements for crossing an intersection

(1) Every driver approaching an intersection shall exercise such extra care as may be appropriate to local traffic conditions. Drivers of vehicles shall, in particular, drive at such a speed as to be able to stop to allow vehicles having the right of way to pass.

(2) A driver shall not enter an intersection of carriageways if the density of traffic is such that he or she will probably be obliged to stop on the intersection, thereby obstructing other road users.

§ 57. Driving on an unregulated intersection

(1) Every driver driving on a non-priority road shall give way to drivers approaching an intersection or driving on the intersection along the priority road or a right-of-way road regardless of their driving direction.

(2) If the direction of a priority road or a right-of-way road changes, the drivers driving on the priority road or the right-of-way road shall give way to drivers of vehicles approaching from the right or being on the same road on the right-hand side. Drivers driving on a non-priority road shall do the same in respect of each other.

(3) If a driver does not know whether he or she is driving on a priority road, right-of-way road or non-priority road, the driver shall behave as if he or she were driving on a non-priority road.

(4) When emerging from a one-lane road to a multi-lane road, a driver shall give way to drivers driving on the multi-lane road.

§ 58. Driving on a regulated intersection

(1) A driver who has entered an intersection when the traffic light signal allowing him or her to proceed was illuminated shall clear the intersection in the direction in which he or she wishes to proceed, regardless of the signals of other traffic lights on the intersection. However, if there is a stop line or a stop line sign at any of the traffic lights on the intersection, he or she shall follow the signals of such traffic lights.

(2) When the permitting signal of a traffic light illuminates, drivers shall give way to any other drivers who are about to complete traversing of the intersection and to pedestrians still on the carriageway.

(3) Drivers shall stop ahead of a stop line or a stop line sign if the signal of the traffic light or a direction given by an authorised official prohibits advancement. In the absence of such signal or direction it is allowed, without obstructing pedestrians, to drive up to the edge of the intersecting carriageway.

(4) If a driver is moving in the direction shown by the permitting green additional arrowhead of the traffic light at the time when the red or amber main signals are illuminated, he or she shall give way to drivers approaching from any other direction.

(5) If the right-turn lane on an intersection is separated from the rest of the carriageway by a safety island and there is no traffic light on the right hand side before the intersection, the right turn shall be made regardless of the signals of the traffic lights on the intersection, giving way to drivers approaching from any other direction.

§ 59. Traversing a level crossing

(1) Drivers shall exercise extra care in approaching level crossings. Every driver of a vehicle shall drive at such a speed that he or she may bring the vehicle smoothly to a halt, if necessary, at the place specified in subsection (2) of this section.

(2) In order to give way to an approaching railway vehicle and in the cases specified in section 60 of this Act, drivers shall stop in front of the barrier, or in the absence thereof, at least five metres from the first rail, or in the case of an appropriate road sign, in front of it.

(3) If a level crossing is not equipped with a barrier or light signals, no driver shall enter it without making sure that no railway vehicle is approaching.

(4) The following vehicles may traverse a level crossing only upon the permission of the owner or possessor of the railway:

1) a vehicle, road train or machine train, laden or unladen, the width of which is more than five meters, height more than 4.5 meters or length more than 24 meters;

2) a power-driven vehicle, the design speed of which is less than eight kilometres per hour;

3) a crawler-type vehicle.

(5) The permission granted by the owner or possessor of railway specified in subsection (4) of this section may be in writing or in electronic format. In the case of an electronic permission, the driver of the vehicle shall present the permission on a data medium or make it possible for the supervisory official to access the electronic permission in some other way.

§ 60. Restrictions for traversing a level crossing

No driver shall:

1) traverse a level crossing without first ascertaining that he or she may not be obliged to stop on it;

2) traverse the railway outside a level crossing;

3) transport over a level crossing agricultural, road, construction or other such equipment without fixing it in the transport position, or a coupling mechanism that may damage the level crossing.

Division 6

Additional requirements for drivers of power-driven vehicles

§ 61. An emergency stopping

(1) In the case of an emergency stopping in a place where stopping or parking is prohibited or if the vehicle brought to an emergency stopping, or its cargo fallen or flown or dropped off onto the carriageway cannot be removed from the carriageway without help, drivers shall indicate the vehicle by switching on emergency lights or placing a warning triangle on the road as provided in subsection 39 (9) of this Act, immediately notify the police or the owner or the possessor of the road and take measures to quickly eliminate the danger or reduce its harmful effects.

(2) In the case of an emergency stopping on level crossings, drivers shall see to it that people would leave the vehicles, and do everything possible to free the level crossing. If it is impossible to free the level crossing from the traffic obstacle, drivers shall stay by their vehicles and while seeing a railway vehicle coming, quickly approach it, giving a stop signal by making circles with arms. At night-time, a lit source of light, a reflex reflector or a similar object shall be held in the hand.

(3) On a motorway and on a road where the speed limit is greater than 90 kilometres per hour, the power-driven vehicle brought to an emergency stopping shall have emergency lamps on and has to be removed from the carriageway. If it is impossible to remove the vehicle from the carriageway, a warning triangle shall be placed on the road at least 100 metres rearward from the vehicle.

§ 62. Drawing of power-driven vehicles

(1) A power-driven vehicle may be drawn by a power-driven vehicle without a trailer. Drawing may not be performed by or for a two-wheeled vehicle.

(2) Only a driver with the right to drive vehicles of the category the vehicle being drawn belongs to may be at the wheel of such a vehicle.

(3) The speed of the vehicles being drawn may not exceed the speed limit specified in clause 15 (1) 4) of this Act.

(4) A flexible hitch shall leave a distance of five to eight metres between the vehicles and the middle part of thereof shall be marked so that it is clearly visible. The length of a direct hitch may not exceed five metres. It is not allowed to use a chain for drawing.

(5) A power-driven vehicle with malfunctioning brakes shall be drawn either with a direct hitch or in such a way that it is partly resting on the vehicle drawing it.

(6) Power-driven vehicles, road trains and machine trains which are being drawn shall always have emergency lamps switched on. In the absence of emergency lamps or in the case of their non-functioning, a warning triangle shall be fixed in a visible place on the power-driven vehicle, road train or machine train being drawn.

(7) It is only in case a direct hitch is used which guarantees steerability of a power-driven vehicle, road train or machine train being drawn that there may be no driver present in the power-driven vehicle, road train or machine train being drawn.

(8) Passengers may be present in the driver’s compartment of the power-driven vehicle being drawn and in the passenger car being drawn only in case there is a driver at the wheel of the vehicle being drawn.

(9) No people shall be on the vehicle bed of the towing power-driven vehicle or in the vehicle partly resting on it.

(10) Drawing is forbidden:

1) on a motorway. If a drawing necessity appears on a motorway, as an exception, drawing may be performed until the nearest turn-off;

2) with a flexible hitch – on glare ice, or in case the power-driven vehicle, road train or machine train being drawn has a malfunctioning steering wheel or malfunctioning brakes;

3) with a rod-shaped direct hitch – a power-driven vehicle, road train or machine train with a malfunctioning steering wheel;

4) with any type of direct hitch – a power-driven vehicle, road train or machine train the laden mass of which exceeds the laden mass of the drawing vehicle if the power-driven vehicle being drawn has malfunctioning brakes;

5) if more than one power-driven vehicle, road train or machine train is being drawn at a time;

6) if the coupling device of a road train or machine train being drawn is malfunctioning.

§ 63. Haulage of a towed machinery

(1) Speed limit upon haulage of a towed machinery shall not exceed the speed limit permitted in clause 15 (1) 5) of this Act.

(2) Upon haulage of a towed machinery, the towed machinery or an interchangeable towed machinery shall be equipped with stop lamps, rear direction-indication lamps, rear position lamps, trailer’s rear red reflex-reflectors with the shape of an equilateral triangle, the low-speed vehicle signs and maximum speed signs.

(3) A coupling device shall meet the requirements specified in subsection 73 (11) of this Act.

(4) There shall be no people on the load platform or on any other part of the towed machinery or an interchangeable towed machinery.

(5) No more than one towed machinery or an interchangeable towed machinery shall be hauled at a time.

(6) The mass of the towed machinery or that of an interchangeable towed machinery shall not exceed the requirements specified in subsection 73 (11) of this Act.

(7) A towed machinery or an interchangeable towed machinery shall comply with the technical requirements set by the manufacturer.

§ 64. Traffic in calm traffic areas

(1) In calm traffic areas, pedestrians can move around and children play in the whole calm traffic area, but they shall not obstruct drivers unnecessarily.

(2) In calm traffic areas, the speed of a power-driven vehicle shall not exceed the speed limit specified in clause 15 (1) 6) of this Act.

(3) Drivers shall not endanger or obstruct pedestrians in calm traffic areas, if necessary, the vehicle shall be stopped.

(4) A power-driven vehicle may enter a calm traffic area only for standing or parking.

(5) Only category A and B as well as subcategory D1 power-driven vehicles may be parked in calm traffic areas. Parking is allowed only in indicated parking spaces or, in their absence, on the road, at a place where parking would not obstruct pedestrians and would not prevent the traffic of other vehicles.

§ 65. Traffic on an ice road

(1) Driving on an ice road is allowed only in the daylight when visibility is no less than 300 metres.

(2) On an ice road, drivers shall observe the instructions for using an ice road displayed at the start of the ice road and the regulations given by the surveillance service staff.

(3) Drivers shall enter ice roads only at places specially indicated for this purpose.

(4) On an ice road, the doors of a vehicle shall be easily opened.

(5) Every driver and all the passengers shall have their safety belts unfastened.

(6) There shall be a minimal interval of two minutes between the vehicles entering an ice road.

(7) Separation distance between the vehicles on an ice road shall be no less than 250 metres. Overtaking a vehicle driving in front, passing a vehicle and a two-way traffic on the same carriageway shall be forbidden.

(8) Stopping on an ice road is allowed only in case of an emergency. A vehicle brought to an emergency stopping shall be removed from ice as soon as possible. If this is impossible, the ice road surveillance service shall be notified thereof.

(9) Maximum permissible mass of a vehicle taking the ice road shall be determined by the surveillance staff depending on the ice and weather conditions.

(10) Maximum speed limit shall be determined by the surveillance staff depending on the ice and weather conditions. Conditions for safe driving on an ice road shall be created by the constructor of the winter road pursuant to the Roads Act.

(11) It is prohibited to turn off an ice road.

(12) If the ice condition does not allow further driving, the driver shall immediately turn back and warn other drivers on the ice road as well as the surveillance staff of bad road conditions. If possible, a return lane has to be used for turning back.

(13) In case there appears a danger of ice road cracking, passengers have to leave the vehicle when required by the driver. The driver may continue driving alone; the driver’s door shall be left open.

(14) Ice road surveillance service shall be immediately informed of all the dangerous changes, unmarked dangers or stopped vehicles on the ice road.

(15) The mass of the cargo transported on an ice road shall be indicated in the documentation of the cargo. Surveillance service staff members may check the laden mass of vehicles by weighing.

§ 66. Traffic on a motorway

On a motorway, it is forbidden to:

1) walk as a pedestrian, walk with a pet or animal, ride a cycle, a moped or a vehicle with a design speed under 40 kilometres per hour;

2) stop or park outside of a designated area;

3) drive category C power-driven vehicles and road trains longer than seven metres in other than two right-hand lanes of a motorway with three or more lanes;

4) make a U-turn, drive over a dividing strip and at any place where it is disrupted;

5) reverse.

§ 67. Traffic in tunnels

(1) Even if the tunnel is lit, all drivers must switch on main-beam headlamps or dipped-beam headlamps and front, rear and side position lamps and rear registration plate lamps.

(2) Running passenger motor vehicles should keep a separation distance which is sufficient to enable to cover this distance in no less than two seconds under normal conditions. Categories C and CE motor vehicles should keep twice as long a separation distance.

(3) If traffic is stopped in a tunnel, the distance between the stopped vehicles should be at least five metres.

(4) A driver may stop or park a vehicle in a tunnel only in the case of danger or an emergency stopping. In this case, if possible, the driver should use a special designated area.

(5) In a tunnel, it is forbidden to:

1) reverse;

2) make a U-turn;

3) stop or park outside designated areas;

4) let the engine of the vehicle running in the case of a lasting traffic obstacle.

§ 68. Special rights of physically disabled drivers and drivers of vehicles servicing physically disabled or blind

(1) A physically disabled driver and a driver of a vehicle servicing physically disabled or blind people may attach a parking card of a vehicle servicing physically disabled or blind people to the front or rear window of his or her vehicle.

(2) If there is a parking card of a vehicle servicing physically disabled or blind people, the physically disabled driver and a driver of a vehicle servicing physically disabled or blind people may park the car at his or her disposal in public fee-charging parking places without charge.

(3) If a physically disabled driver and a driver of a vehicle servicing physically disabled or blind people has a parking card of a vehicle servicing physically disabled or blind people, he or she may:

1) stand and park in built-up areas where road signs apply which prohibit standing or parking, on the condition that the standing vehicle is located entirely on the pavement and that a strip of pavement at least 1.5 metres wide is left for pedestrians to use. This permission does not apply on sections of road marked with a no stopping line;

2) park in areas where road signs apply which prohibit parking in car-parks with limited parking time for longer than prescribed, and on roads in calm traffic areas outside car-parks in places where this does not obstruct pedestrians or render other vehicular traffic impossible.

(4) A driver of a vehicle servicing a physically disabled or blind person whose vehicle displays a parking card may stop in built-up areas where road signs apply which prohibit stopping in order to pick up or set down a physically disabled or blind person.

Division 7

Prohibition on driving vehicles

§ 69. Prohibition on driving vehicles due to a state of intoxication

(1) A driver shall not be in a state of intoxication. A state of intoxication for the purposes of this Act is a state of health which is caused by the consumption of alcohol, narcotic drugs or psychotropic substances or other substances with a similar effect and which results in externally perceptible disturbed or changed bodily or mental functions and reactions.

(2) For the purposes of this Act, alcohol means spirit and alcoholic beverages as specified in section 2 of the Alcohol Act or a liquid or substance with an ethanol content and not belonging to the food group.

(3) For the purposes of this Act, narcotic drugs and psychotropic substances mean narcotic drugs and psychotropic substances as specified in the Narcotic Drugs and Psychotropic Substances and their Parent Substances Act.

(4) A driver of a power-driven vehicle, tram or off-road vehicle shall be considered to be in an alcohol intoxication in the following cases:

1) the alcohol content in one gram of driver’s blood is no less than 1.50 milligrams or the alcohol content in the breath exhaled by the driver is 0.75 milligrams or more in one litre of breath;

2) the alcohol content in one gram of driver’s blood is no less than 0.50 milligrams or the alcohol content in the breath exhaled by the driver is 0.25 milligrams or more in one litre of breath and there are externally perceptible disturbed or changed bodily or mental functions and reactions due to which he or she will evidently not be able to drive a vehicle with due firmness necessary in traffic.

(5) The content of alcohol in one gram of blood of the driver of a power-driven vehicle, tram or off-road vehicle shall not be 0.20 milligrams or more or 0.10 milligrams or more in one litre of breath.

(6) Intoxication of the driver of a power-driven vehicle, tram or off-road vehicle or the violation of the margin levels specified in subsection (5) of this section shall be established pursuant to the procedure specified in the Police and Border Guard Act.

(7) Intoxication of drivers not specified in subsection (6) of this section shall be tested and established pursuant to the procedure specified in the Police and Border Guard Act.

(8) If a person who has undergone a traffic accident is transported to a medical service provider to get emergency medical aid, the medical service provider having the right to take blood tests shall take the person’s blood test in order to establish a state of intoxication if required by the police.

(9) For the purpose of establishing the state of intoxication, blood samples shall be taken, preserved, transferred for the analyses, analyses performed and payment for these tests made pursuant to the procedures specified in the Police and Border Guard Act.

(10) The results of blood tests shall be recorded pursuant to the procedure specified in the Police and Border Guard Act.

§ 70. Prohibition on driving caused by the state of health

(1) A driver shall not be in such a medical condition or fatigue disorder which would prevent the driver from getting a precise perception of traffic conditions and the firm fulfilment of the requirements set by or on the basis of this Act (hereinafter state of health hazardous for traffic safety).

(2) States of health in case of which it is prohibited to drive power-driven vehicles, off-road vehicles and trams:

1) decreasing visual acuity – together with correction lower than 0.5 when using both eyes together or lower than 0.6 with the only better eye;

2) horizontal field of vision is narrower than 120°;

3) severe physical disability (loss or distortion of limbs, joint stiffness or paralysis), except cases stipulated by this Act or by legislation enacted pursuant to it;

4) severe mental disorder, severe personality disorder or severe behavioural disorder;

5) effects of a substance decreasing or paralysing person’s driving ability.

(3) In addition to the provisions of subsection (2) of this section, it is forbidden to drive a power-driven vehicle, off-road vehicle or tram in case special conditions specified in subsection 101 (7) of this Act are violated.

(4) Hazardous for traffic safety state of health shall be determined by a medical doctor.

(5) In the case of doubt concerning the hazardous for traffic safety state of health, the traffic supervision authority specified in subsection 193 (1) of this Act shall take the person to the nearest in-patient provider of health services holding the activity licence for health services.

(6) A medical doctor has the right to choose his or her methods to examine the person referred to the medical services provider to determine the hazardous for traffic safety state of health and decide who can be present or in the same room when a hazardous for traffic safety state of health is being determined.

(7) Costs related to the medical determination of a hazardous for traffic safety state of health shall be covered by the traffic supervision authority specified in subsection 193 (1) of this Act.

(8) In case a hazardous for traffic safety state of health is determined, the person himself or herself shall cover determination related costs.

(9) The health services provider referred to in subsection (5) of this section shall be obliged to carry out a health check in order to determine the hazardous for traffic safety state of health should the Police require that.

(10) The form of the examination report on the hazardous for traffic safety state of health shall be introduced by the Government of the Republic Regulation.

Division 8

Additional requirements for driving animal-drawn vehicles or animals

§ 71. Additional requirements for driving animal-drawn vehicles or animals

(1) Draught, pack and saddle animals and cattle, singly or in herds shall have a driver who is able to guide the animals at all times, except for at the entrance to a road in specifically signposted areas or car parks when the animal is securely tied.

(2) Animal-drawn vehicles, saddle animals and cattle may be driven by a person of at least 10 years of age. A person of 10–14 years of age may drive animal-drawn vehicles, saddle animals or cattle under the supervision of his or her legal guardian or an adult person authorised by the legal guardian.

(3) In a built-up area it is permitted to drive animal-drawn vehicles in the far right lane of the carriageway, on roads outside built-up areas – on the shoulder, appropriate to the direction of traffic, in the absence of a shoulder or in the event it being unsuitable for travelling, near the right-hand edge of the carriageway.

(4) When moving along the carriageway at night time or in inadequate visibility riders must display, on the side opposite to that appropriate to the direction of traffic, a white or selective-yellow light to the front and a red light to the rear or an amber light in both directions. These lights may be displayed by a single device. In a built-up area it is permitted to ride saddle animals as close to the right-hand edge of the carriageway or the lane reserved for public transport vehicles as possible. On roads outside built-up areas it is permitted to ride saddle animals on the shoulder, appropriate to the direction of traffic, in the absence of a shoulder or in the event it being unsuitable for travelling, near the right-hand edge of the carriageway.

(5) Cattle may be driven only in daylight and as close to the right-hand edge of the road as possible, except for driving cattle that have got loose. When driving cattle that have got loose at night-time or in limited visibility the driver must display, on the side opposite to that appropriate to the direction of traffic, a white or selective-yellow light to the front and a red light to the rear or an amber light in both directions. These lights may be displayed by a single device. There shall be enough drivers to ensure safety and that the animals are kept together. If necessary, the animals shall be split into groups.

(6) Cattle shall not be:

1) driven on a paved road without the authorisation of the owner or the possessor of the road;

2) left unsupervised on a road;

3) driven across a railway or carriageway in places not intended for this or at night-time or in inadequate visibility.

Chapter 3

VEHICLE

§ 72. Duties of owners and authorised users of vehicles

(1) Owners and authorised users of vehicles shall ensure the proper use, good technical condition and proper storage of vehicles belonging to them or being in their possession.

(2) If the owner of the power-driven vehicle gives the power-driven vehicle to another person to use, he or she must keep the following information during the usage period and for a period of six months as of the end of usage period by the other person and produce when required by court or a traffic authority official:

1) name and surname of the person who used the power-driven vehicle;

2) address of the person who used the power-driven vehicle;

3) date of birth or personal identification code of the person who used the power-driven vehicle;

4) number of the driving licence of the person who used the power-driven vehicle.

(3) The authorised users also have the duties specified in subsection (2) of this section regarding the vehicle in their possession.

§ 73. Technical requirements for power-driven vehicles and their trailers, requirements for the equipment and inspection of their compliance with regulations

(1) Power-driven vehicles and their trailers that are operated in traffic, as well as their equipment must comply with the technical requirements established by legislation. Power-driven vehicles and their trailers must be equipped as required.

(2) A roadworthiness test has to be passed on time for all power-driven vehicles and their trailers that are operated in traffic.

(3) During the roadworthiness test the compliance or non-compliance with the technical requirements of power-driven vehicles and their trailers is established and upon compliance the date is set for the next test after the expiry of which the vehicle is no longer deemed roadworthy. A vehicle that has been deemed a write-off by an insurer is no longer deemed roadworthy.

(4) Power-driven vehicles and their trailers which have passed their roadworthiness test on permanently settled islets, Aegna and Naissaar may be used on permanently settled islets, Aegna or Naissaar.

(5) Power-driven vehicles and their trailers which do not comply with the technical requirements may be used in exceptional circumstances, provided that they do not have particularly dangerous faults or deficiencies which would prevent using the vehicle in road traffic. In these circumstances the vehicle may be driven carefully, taking into consideration the nature of the fault, to the nearest repair centre, roadworthiness test centre, regional office of the Road Administration or car-park, using the shortest journey possible. If a fault that might endanger the traffic occurs on the road, the driver must attempt to eliminate it.

[RT I, 17.03.2011, 1 – entry into force 01.07.2011]

(6) Roadworthiness testing of power-driven vehicles and their trailers is conducted by the Road Administration who also monitors compliance with regulations and the quality of testing.

(7) The decision about the roadworthiness of power-driven vehicles and their trailers is taken by the Road Administration or the company specified in subsection 191 (1). The roadworthiness test is carried out at the expense of the owner, possessor or the authorised user of the vehicle.

(8) Power-driven vehicles and their trailers shall not have any equipment which detects or interferes with the speed measuring equipment used by the traffic supervision.

(9) A power-driven vehicle which is deemed a workplace in terms of the Occupational Health and Safety Act must be supplied with first-aid equipment.

(10) Only power-driven vehicles and their trailers which rest on the road surface with pneumatic tires or caterpillar tracks, tires or caterpillar tracks made of elastic material or caterpillar tracks equipped with elastic pads may be driven on paved roads.

(11) The technical requirements for power-driven vehicles and their trailers shall be established by the regulation of the Minister of Economic Affairs and Communications.

(12) The terms, conditions and policies for the roadworthiness testing of power-driven vehicles and their trailers, including the terms, conditions and policies for equipment testing, types of roadworthiness testing, deadlines for roadworthiness testing, list of vehicles exempt from roadworthiness testing, list of documents to be produced at the roadworthiness testing and the requirements for the roadworthiness testing centre shall be established by the regulation of the Minister of Economic Affairs and Communications.

(13) A state fee shall be paid for inspection of the compliance of a power-driven vehicle and a trailer thereof with the roadworthiness requirements on small islands that have permanent inhabitants and on the islands of Aegna and Naissaar.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 74. Requirements for inspectors of roadworthiness of power-driven vehicles and their trailers

(1) Inspectors of roadworthiness of power-driven vehicles and their trailers shall have:

1) higher education, secondary specialised education or vocational secondary education in the field of motor vehicles or tractors;

2) at least three years of relevant practical knowledge, training and experience;

3) a right to drive the relevant type of power-driven vehicle which he or she is inspecting.

(2) In addition to the requirements provided in subsection (1) of this section, inspectors of roadworthiness of trolleybuses shall have received appropriate training in electrical safety requirements.

(3) The Road Administration may authorise inspectors of roadworthiness of category C power-driven vehicles and their trailers to inspect also category D power-driven vehicles and their trailers.

(4) Inspectors of roadworthiness of power-driven vehicles and their trailers shall have undergone training and field training organised by the Road Administration and passed a relevant examination.

(5) Inspectors of roadworthiness of power-driven vehicles and their trailers shall be evaluated. Evaluation is organised by the Road Administration which also issues the certificates.

(6) The evaluation certificate is valid for three years.

(7) After evaluation the inspectors of roadworthiness of power-driven vehicles and their trailers shall undertake in-service training organised by the Road Administration.

(8) The evaluation certificate of an inspector may be suspended by the Road Administration for up to three years if the owner of the evaluation certificate has violated legislation which regulates roadworthiness testing of power-driven vehicles and their trailers.

(9) If the evaluation certificate has been suspended for longer than one year, the owner of the certificate shall undergo training, field training and pass an examination specified in subsection (4) of this section to have the validity of the evaluation certificate restored.

(10) The requirements and the procedures for the evaluation of the inspectors of roadworthiness of power-driven vehicles and their trailers, including the requirements and procedures for the authorisation specified in subsection (3) of this section, shall be established by the regulation of the Minister of Economic Affairs and Communications.

(11) A state fee is payable for the examination and evaluation of inspectors of roadworthiness of power-driven vehicles and their trailers.

§ 75. Supervision of the roadworthiness testing

(1) Supervision of the roadworthiness testing is an activity the purpose of which is to establish if the centres for roadworthiness testing and the processes and the quality of the roadworthiness testing of power-driven vehicles and their trailers comply with the requirements established by legislation and to ensure compliance with obligations arising from the contract under public law specified in subsection 191 (1) of this Act.

(2) The supervision specified in subsection (1) of this section is performed by authorised officials of the Road Administration (hereinafter supervisory official).

[RT I, 17.03.2011, 1 – entry into force 01.07.2011]

(3) The supervisory official carrying out the supervision shall present his or her identification when performing his or her official duties. The supervisory official shall ensure the confidentiality of the information he or she has gained unless legislation provides that it shall be made public.

(4) The supervisory official has powers:

1) to inspect the performance and quality of roadworthiness inspection of power-driven vehicles and their trailers unobstructed and without advance notice;

2) to enter the centre for roadworthiness testing in order to perform the inspection, request appropriate documents, data and other materials and clarifications from the person with the right to perform roadworthiness testing and the person specified in section 73 of this Act;

3) to inspect the compliance of the centre for roadworthiness testing with the requirements established by legislation;

4) to be present while the roadworthiness testing is being carried out and examine its processes;

5) to inspect power-driven vehicles and their trailers regarding compliance of the roadworthiness testing with the regulations established by legislation;

6) to issue mandatory precepts to stop non-compliance with requirements established by legislation within the limits of his or her competence.

(5) If the performance or quality of the roadworthiness testing does not comply with the requirements provided in this Act or the legislation adopted on the basis of this Act, the supervisory officer has the right to issue a precept to the company conducting the roadworthiness testing or the person specified in section 74 of this Act to rectify the deficiencies or to bring the roadworthiness testing into accordance with requirements established by legislation. The Road Administration may suspend the roadworthiness testing until compliance with the precept.

[RT I, 17.03.2011, 1 – entry into force 01.07.2011]

(6) If the requirements for roadworthiness testing established by legislation have not been met to a significant extent or if the precept has not been complied with on time, the director general of the Road Administration or an authorised official thereof have the right to revoke the right to conduct roadworthiness testing from a company or the person specified in section 74 of this Act.

(7) If a person does not agree with precept or the decision to revoke the right to conduct roadworthiness testing, he or she may challenge the decision with the director general of the Road Administration who will review it and resolve it within 30 days of the date of the challenge being submitted.

(8) In case of non-compliance of a precept issued by a supervisory official, the Road Administration may implement a penalty payment pursuant to the procedure specified in the Substitutive Enforcement and Penalty Payment Act. The upper limit for penalty payment is 1300 euros for a natural person and 6400 euros for a legal person. Penalty payment for enforcement of the same obligation may not exceed 6400 euros for a natural person and 32 000 euros for a legal person.

[RT I, 17.03.2011, 1 – entry into force 01.07.2011]

§ 76. Registration of power-driven vehicles and their trailers

(1) Power-driven vehicles and their trailers shall be registered pursuant to the established procedure and shall bear state registration plates. The registration plate of the traction unit may be placed on the towable supplementary equipment pursuant to subsection 73 (11) of this Act. Power-driven vehicles or trailers thereof which are used in road traffic shall be registered within five working days of the vehicle put into service in Estonia for the first time.

(2) Registration is an operation where the company specified in subsection (7) of this section enters the details of the power-driven vehicles or their trailers which are put into service in Estonia and comply with requirements and the persons related to these vehicles into the traffic register. The registration of power-driven vehicles or their trailers is established by the registration certificate.

(3) All power-driven vehicles or their trailers used by persons permanently residing in Estonia, natural persons who have gained a residence permit in Estonia and legal persons who are registered in Estonia are subject to registration. Also subject to registration are power-driven vehicles and trailers which have been in Estonia for longer than one year and are put into service by natural persons permanently residing in a foreign state, legal persons and self-employed persons registered in a foreign state.

(4) If the owner of the power-driven vehicle or its trailer is a natural person who does not have an Estonian residence permit or a legal person who is not registered in Estonia pursuant to legislation, a natural person who has a residence permit in Estonia or a legal person registered in Estonia who is authorised by the owner of the power-driven vehicle or the trailer shall be entered into the traffic register as an authorised user.

(5) If a power-driven vehicle or its trailer belong to a shared ownership, all the owners shall be entered into the traffic register and one owner shall be designated by the owners of the power-driven vehicle or its trailer as the authorised user.

(6) Power-driven vehicles and their trailers which have been brought to Estonia for temporary use shall be registered for the term specified in the customs declaration.

(7) Registration of power-driven vehicles and their trailers or decisions regarding refusal to do so and associated register entries shall be made by the Road Administration. Upon registration a registration plate and a registration certificate shall be issued to power-driven vehicles and their trailers.

(8) Trolleybuses and their trailers shall be registered and the registers thereof shall be maintained by their owners.

(9) Prior to the registration of power-driven vehicles and their trailers an inspection of the roadworthiness thereof shall be carried out where compliance of the power-driven vehicles and their trailers with the technical requirements shall be decided. The decision shall be formalised in writing only if the power-driven vehicles or their trailers do not comply with the current requirements.

(10) Power-driven vehicles and their trailers which have an Estonian registration plate and also a registration plate from another state may not be used except for foreign power-driven vehicles and their trailers which have been registered in Estonia for a specified term.

(11) When leaving the state all power-driven vehicles or road trains registered in Estonia shall display, in a visible place at the rear, the distinguishing sign of Estonia if it has not been incorporated into the registration plate. When entering the state all power-driven vehicles or road trains which have been registered in a foreign state shall display the distinguishing sign of the state in which they are registered if it has not been incorporated into the registration plate.

(12) All trailers in international traffic which have not been issued a registration certificate or a registration plate by a competent authority, but which have a certificate issued by a competent authority of the state which specifies permissible mass of the trailer and a certificate for passing the annual roadworthiness test, shall be fitted with the registration number of the traction unit in the place of the registration plate.

(13) The terms, conditions and procedure for registration of power-driven vehicles and their trailers, including the list of data and documents required for registration, procedure for roadworthiness testing prior to registration, the format for the certificate and the requirements for manufacturing state registration plates and vehicle marking signs shall be established by the regulation of the Minister of Economic Affairs and Communications.

(14) State fee is payable for issuing a registration plate, summoning a Road Administration official and for making entries into the traffic register related to power-driven vehicles and their trailers.

§ 77. Refusal to register power-driven vehicles and their trailers, amendments to register data and deletions from the register

(1) The Road Administration shall make a decision regarding refusal to register power-driven vehicles or their trailers or other register entries when:

1) documents or data necessary for registration have not been presented;

2) the power-driven vehicle or its trailer do not comply with current requirements or

3) is made up of spare parts;

4) the power-driven vehicle or trailer thereof have been deleted from the register due to it being destroyed or based on a valid certificate of destruction.

(2) Amending register data is changing, adding or omitting data about power-driven vehicles and their trailers and persons relating thereto.

(3) In order to amend register data the owners, their representatives or other entitled persons of the power-driven vehicles and their trailers shall submit a valid application to the Road Administration within five working days of the occurrence of the amendment.

(4) In order to amend register data the power-driven vehicles or their trailers shall be submitted to the Road Administration for inspection when the changes occur in the data of the power-driven vehicles or their trailers or when a vehicle does not have a valid identification number.

(5) Deletion from the register means making a vehicle deletion entry into the traffic register.

(6) Power-driven vehicles or their trailers shall be deleted from the register:

1) when power-driven vehicles and their trailers are taken out of Estonia in connection to the owners thereof settling in another state or the transfer of the vehicles to another state;

2) based on a valid certificate of destruction in a case of three- or four-wheeled motorcycles, passenger cars or trucks with maximum mass not exceeding 3500 kilograms;

3) when the term for temporarily registered power-driven vehicles or their trailers expires;

4) based on the applications from the owners of power-driven vehicles or their trailers or the legal representatives thereof which confirm that the power-driven vehicles or trailers have been destroyed, demolished in an environmentally friendly manner or that they are no longer in use;

5) in the case of vintage vehicles, based on a corresponding application from the owners or the representatives thereof;

6) based on official information from a relevant authority of a European Union member state regarding the registration of power-driven vehicles or trailers in the respective member state or

7) in other cases specified by legislation.

(7) Owners or their legal representatives may apply for the temporary deletion of power-driven vehicles or their trailers from the register. Power-driven vehicles and their trailers shall be deleted temporarily from the register for the period of 1–24 months. Power-driven vehicles and their trailers which have been temporarily deleted from the register based on the application from the owners of the power-driven vehicles or their trailers or the legal representatives thereof shall be deemed registered upon expiry of the term for temporary deletion.

(8) In addition to reasons provided in subsection (6) of this section, the Road Administration shall temporarily delete a power-driven vehicle or its trailer from the register when:

1) the owner who has been entered into the register gives notice of the transfer of the power-driven vehicle or its trailer but the acquirer has not submitted an application to amend register data or

2) a power-driven vehicle or its trailer has been declared wanted.

(9) In the case of a transfer, change of user or deletion from the register of a power-driven vehicle or its trailer which is encumbered with a restriction on transfer, a written consent of the person who imposed the restriction shall be submitted.

§ 78. Type-approval and single vehicle approval

(1) Type-approval is a procedure by which a competent authority declares that the type of systems, components, equipment or separate technical units of power-driven vehicles or their trailers comply with the requirements laid down in subsection (5) of this section.

(2) Single vehicle approval is a procedure by which a competent authority declares that a specific power-driven vehicle or its trailer complies with the requirements laid down in subsection (5) of this section.

(3) The competent authority for type-approval and single vehicle approval in Estonia is the Road Administration.

(4) The Road Administration may use experts to conduct expert analyses or tests required for conducting type-approval and single vehicle approval. Type-approval and associated operations thereof are performed at the expense of the manufacturer of the vehicle or product, official representative thereof or the importer.

(5) The procedure, terms and conditions for type-approval and single vehicle approval are established by the regulation of the Minister of Economic Affairs and Communications.

(6) State fee is payable for type-approval operations and single vehicle approval.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 79. Reconstruction of registered power-driven vehicles or their trailers

(1) Reconstruction of registered power-driven vehicles or their trailers is authorised by Road Administration.

(2) Reconstructed power-driven vehicles and trailers thereof shall comply with the technical requirements in force.

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(3) After reconstruction of power-driven vehicles or their trailers expert technical analysis is performed on the reconstructed vehicles or their trailers by the Road Administration. The Road Administration may include experts in the expert analysis. Expert analysis and associated operations thereof are performed at the expense of the manufacturer of the vehicle or product, official representative thereof or the importer.

(4) The terms and conditions for reconstruction of registered power-driven vehicles and the procedures for authorisation of reconstruction shall be established by a regulation of the Minister of Economic Affairs and Communications.

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§ 80. Maximum permissible dimensions, mass and axle load of vehicles, road trains and machine trains

(1) The laden mass of a vehicle shall not exceed the permissible maximum mass and the load of any of the axles shall not exceed the figure determined upon registration.

(2) If any of the dimensions or the mass or axle load of a laden or unladen vehicle exceeds the established figures, the vehicle may be operated pursuant to the procedure established in section 35 of the Roads Act.

(3) The maximum permissible dimensions of laden or unladen vehicles, road trains and machine trains and the permissible maximum mass and axle loads of vehicles, road trains and machine trains shall be established by the regulation of the Minister of Economic Affairs and Communications.

§ 81. Vehicle liability insurance

(1) A vehicle is subject to compulsory insurance pursuant to the Motor Third Party Liability Insurance Act.

(2) A register entry for a vehicle registered with traffic register is only made if there is a valid motor insurance policy. A valid motor insurance policy is not required to delete a vehicle from the traffic register or for vehicles in possession of the Defence Forces of Estonia, National Defence League, Security Police Board and police authorities where one of the aforementioned authorities is the designated owner of the vehicle on the certificate of registration.

§ 82. Racing cars

(1) A racing car is a motor vehicle which is intended to be used only for training or participation in motorsport events and which complies with the regulations of the International Automobile Association (FIA) or the Estonian Autosport Union.

(2) A racing car can only participate in traffic in connection with the motorsport events and training sessions registered with the Estonian Autosport Union and in compliance with the event or training regulations and in concordance with the event organiser. A racing car may be only driven in traffic by a person holding a driving permit issued by the Estonian Autosport Union.

§ 83. Vintage vehicles

(1) A vintage vehicle is a vehicle which reflects the development of science or engineering, is of cultural and historical value and of interest to collectors or museums and which was manufactured at least 35 years ago.

(2) In order to be specified as a vintage vehicle the vehicle must be approved as a vintage vehicle.

(3) Approval as a vintage vehicle means verifying that the vehicle to be specified as a vintage vehicle complies with the technical and originality requirements.

(4) Approval as a vintage vehicle is performed by two specialists appointed by at least five vintage vehicle clubs and approved by the Road Administration who shall issue a certificate of approval as a vintage vehicle. Approval as a vintage vehicle, issue of the approval certificate and all associated operations are carried out at the expense of the owner of the vehicle or the applicant.

(5) The procedures for approval, registering and roadworthiness testing of vintage vehicles and the technical requirements for vintage vehicles and requirements for the equipment thereof are established by the regulation of the Minister of Economic Affairs and Communications.

§ 84. Emergency response vehicles

(1) Emergency response vehicles are:

1) vehicles and off-road vehicles used to perform urgent functions or official duties or duties wherein it is necessary to warn other road users of the presence of such vehicles (hereinafter emergency vehicles);

2) vehicles used to perform road management duties and unavoidable official duties on roads (hereinafter maintenance vehicles);

3) vehicles and off-road vehicles used by a surveillance agency official or an agency administered thereby who are engaged in surveillance activities or security authority officials who are engaged in covert information gathering specified in the Security Authorities Act (hereinafter surveillance vehicles).

(2) If the blue flashing lamp of an emergency vehicle is switched on, whether with or without a siren, the driver of the vehicle may derogate from the requirements specified in Chapter 2 of this Act upon performing their functions, except for the requirements specified in sections 69 and 70.

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

(3) The driver of a surveillance vehicle may derogate from the requirements specified in Chapter 2 of this Act without using the siren upon performing his or her functions, except the requirements specified in sections 69 and 70.

(4) If the yellow flashing lamp of a maintenance vehicle is switched on, the driver of the vehicle, upon performing his or her functions, may derogate from the requirements specified in subsection 14 (1), section 20, section 45 and subsection 48 (6) of this Act and the requirements of traffic signs, except for priority signs and signs for speed limit, and the requirements of road markings.

(5) Drivers of emergency response vehicles shall ensure that traffic safety is maintained when the rights specified in this section are exercised.

(6) The list of emergency response vehicles, the procedure for their identification and the applicable traffic rules shall be established by the Government of the Republic.

§ 85. Requirements for vehicles belonging to the Defence Forces of Estonia and the National Defence League

(1) Power-driven vehicles, off-road vehicles and their trailers belonging to the Defence Forces of Estonia and the National Defence League shall be registered pursuant to established procedures, passed a roadworthiness test and have state registration plates.

(2) The procedures for registration and roadworthiness testing of vehicles and their trailers belonging to the Defence Forces of Estonia and the National Defence League and the technical requirements for the power-driven vehicles, off-road vehicles and their trailers shall be established by the regulation of the Minister of Defence.

(3) The Logistics Centre of the Defence Forces of Estonia is the competent authority for type-approval of vehicles belonging to the Defence Forces of Estonia and the National Defence League.

§ 86. Requirements for animal-drawn vehicles

(1) Animal-drawn vehicles shall have a stopper or brake to prevent the vehicle from rolling, or a parking device.

(2) Animal-drawn vehicles exceeding one metre in width shall be fitted with a marking sign for a slow-moving vehicle to the rear and two red reflex-reflectors fitted close to the outer edges of the vehicle.

(3) Animal-drawn vehicles exceeding one metre in width shall show a white light to the front and a red light to the rear when moving at night-time or in inadequate visibility. These lights may be replaced by a single lamp placed on the left side of the vehicle with white light to the front and red light to the rear.

(4) Animal-drawn vehicles not exceeding one metre in width shall have a red reflex-reflector placed at the rear near the left side, but when moving on the carriageway at night-time shall carry the same marking as specified in subsection (3) of this section.

§ 87. Requirements for cycles, segways and mini mopeds

(1) Cycles and mini mopeds shall:

1) have a break and a bell which are in working order;

2) be fitted with a white light to the front and a red light to the rear and a yellow or white reflex-reflector fitted on both sides of at least one wheel.

(2) Segways shall have:

1) a bell;

2) a white light to the front and a red light to the rear and a yellow or white reflex-reflector on the outside of both wheels;

3) a device to prevent spontaneous movement;

4) a speedometer.

(3) At night-time or in inadequate visibility, cycles, segways and mini mopeds are required to have a white light on the front and red at the rear while driving.

(4) The maximum permissible width for two-wheeled cycles is 0.8 metres and the maximum permissible width for cycles with three or more wheels is 1.25 metres. Cycles may tow uni-axial trailers with the maximum mass of 50 kilograms.

(5) A mini moped and a segway have to comply with the technical requirements set by the manufacturer.

Chapter 4

DRIVING POWER-DRIVEN VEHICLES

Division 1

Acts related to driving power-driven vehicles

§ 88. Documents required from drivers of power-driven vehicles

(1) When driving a power-driven vehicle, a driver shall carry a driving licence or other document certifying his or her right to drive, the registration certificate of the power-driven vehicle and the registration certificate of its trailer or the copy of the registration certificate of the trailer which is certified by the agency which issued the certificate and other documents if so required by law.

(2) If the driver carries an identity document, it is not mandatory to carry a driving licence issued in Estonia while driving in Estonia.

(3) If the driver carries an identity document, it is not mandatory to carry the registration certificate of the power-driven vehicle and its trailer if the driver has been entered into the traffic register as an owner, authorised user or a user; or if the owner, authorised user or a user is a passenger in the vehicle.

(4) If a driver wishes to leave Estonia to enter a non-European Union state in a power-driven vehicle which is registered in Estonia or in a truck which is registered in Estonia and which has a maximum mass of 3500 kilograms and his or her name is not entered on the registration certificate of the power-driven vehicle as the user of the vehicle, in addition to the documents mentioned in subsection (1) of this section the driver shall carry an officially certified authorisation document issued by the owner of the vehicle, unless the owner or the person entered on the registration certificate as a user is a passenger in the vehicle.

(5) The written authorisation document specified in subsection (4) of this section may be substituted by the commercial lease contract of the power-driven vehicle if the owner and the commercial lessor of the power-driven vehicle are legal persons who are entered in the Estonian commercial register and whose activities, as specified in their articles of association, include the commercial leasing of power-driven vehicles. The commercial lease contract shall contain the information specified in subsection 89 (1) of this Act.

(6) Upon the carriage of goods, transport documents shall be carried in addition to the documents specified in this section and, upon the carriage of special goods by a power-driven vehicle, a certificate issued to the driver pursuant to the Road Transport Act to certify that he or she has undergone the corresponding training and that the power-driven vehicle is permitted to carry special goods.

(7) A person specified in subsections 95 (2) and (3) of this Act who is in a category B motor vehicle next to a driver with a limited right to drive or who is in the immediate vicinity of a category T power-driven vehicle being driven by a driver with a limited right to drive, shall carry a driving licence certifying that he or she has the right to drive power-driven vehicles of the corresponding category.

(8) A person who drives a power-driven vehicle in accordance with subsections 109 (1) and (2) of this Act shall carry a learner's form or learner's certificate and an identity document during driving lessons.

(9) If an instructor of a driver specified in subsection 109 (1) of this Act and an instructor specified in subsection 109 (2) of this Act does not hold a driving licence issued in Estonia, he or she shall carry a driving licence issued in a foreign state specified in subsection 99 (1). The right to train or instruct a driver of a power-driven vehicle is established by the traffic register.

(10) When required by an inspector, the driver of a power-driven vehicle with a mandatory tachograph shall present a tachograph card, a driver card or other documents relating to the Council Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 370, 31.12.1985, pp 8–21) to the extent and on the conditions laid down in Article 15.

§ 89. Document authorising the use of a power-driven vehicle and its trailer

(1) A document authorising the use of a power-driven vehicle and its trailer shall contain the following information:

1) the place and date of preparation;

2) the given name, surname and address of the owner of the power-driven vehicle or its trailer;

3) the make and model of the power-driven vehicle or its trailer, and the vehicle identification number;

4) the number of the registration certificate and the state registration plate;

5) the name and address of the user of the vehicle and the number of his or her driving licence, date of birth or personal identification code.

6) the period of validity of the authorisation document.

(2) The owner’s signature on the authorisation document must be officially authenticated or notarised.

§ 90. Prohibition on driving power-driven vehicles

(1) A person shall not drive a power-driven vehicle if:

1) he or she does not have the right to drive power-driven vehicles of the corresponding category or subcategory;

2) he or she does not meet the requirements laid down for the driver and the power-driven vehicle and those specified on the driving licence or

3) he or she has been disqualified pursuant to section 91 of this Act.

(2) The owner, possessor or driver of a power-driven vehicle shall not permit a person who does not have the right to drive power-driven vehicles of the corresponding category, who is in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or whose state of health is hazardous to road safety to drive the power-driven vehicle and shall not entrust the driving of the power-driven vehicle to such person.

§ 91. Removal from driving a vehicle

(1) Removal from driving a vehicle is a decision taken by traffic supervision officials which involves prohibition of driving until such time that the grounds for prohibition cease to exist.

(2) A driver shall be removed from driving a vehicle if:

1) there is sufficient reason to believe that he or she has used narcotic drugs or psychotropic substances or other substances with similar effect;

2) there is sufficient reason to believe that the alcohol level in his or her bloodstream or breath exceeds the established limit, or he or she is in the state of intoxication;

3) he or she does not have the right to drive power-driven vehicles of the corresponding category;

4) he or she does not have the right to drive the corresponding vehicle;

5) it is prohibited to continue the journey with the power-driven vehicle due to a failure of the power-driven vehicle, the level of pollutants in its exhaust emissions, its noise level or another deficiency;

6) his or her driving licence is sent for expert assessment when signs of falsification are evident;

7) there is sufficient reason to believe that his or her state of health does not comply with the established requirements;

8) driver of a power-driven vehicle with a tachograph has not complied with the rest requirements specified in section 130 of this Act;

9) he or she has violated the requirements for transporting highly hazardous goods.

(3) The report for the decision of removal from driving a vehicle shall set out the following:

1) the time and place of the decision;

2) the name and address of the agency of the official that made the decision;

3) the position, given name and surname of the official who made the decision;

4) the given name and surname and the personal identification code or date of birth of the driver;

5) the address of the driver;

6) the type, model and registration plate of the vehicle;

7) the grounds for the removal from driving a vehicle specified in subsection (2) of this section, the time it commences and the conditions for its termination. In the case of seizure of registration plates, a note is made on the decision indicating the place for their return;

8) the signature of the person who prepared the decision.

(4) The decision is effective as of when it has been made.

(5) The decision of removal from driving a vehicle shall be prepared in two original copies of which one shall be given to the driver. The second copy of the decision shall be signed and dated by the driver to confirm receipt. If the driver refuses to sign the decision or is in such an intoxicated state or due to a medical condition where he or she is unable to sign, an entry indicating this shall be made in the decision of removal from driving a vehicle.

(6) The decision on removal from driving a vehicle may be appealed in accordance with the Administrative Procedure Act.

§ 92. Seizure of vehicles

(1) A vehicle the driver of which is removed from driving shall be towed to a guarded storage facility or a police authority if it is impossible to transfer the vehicle to the owner or the possessor at the location of the vehicle.

(2) A vehicle may also be towed to a guarded storage facility if the vehicle is parked:

1) such that it constitutes a hazard to other road users or significantly disturbs traffic;

2) such that it damages the road or a green area;

3) in a place where parking is prohibited and such that it disturbs the repair and maintenance of the road, a green area, buildings or constructions;

4) in a physically disabled person’s parking space without a parking card issued to a physically disabled driver or a driver of a vehicle servicing a blind person;

5) on a pavement, traffic island or central reserve, except in parking spaces indicated by traffic control devices;

6) in an entrance to a yard and driveway, also in the garage entrance preventing the use of the garage;

7) in an area where the panel indicating an area designated as a towing zone applies;

8) in the lane reserved for public transport vehicles.

(3) Clause (2) 5) of this section does not apply to cycles.

(4) The guarded storage facility mentioned in subsection (2) of this section is specified by the local government.

(5) In the events provided in subsection (2) of this section police authorities and local authorities have the right to tow away a vehicle.

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(5¹) In the events provided for in subsection (2) of this section, the owner of a private road has the right to demand that a police authority or a local authority have a vehicle towed away.

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(6) The vehicle indicated in subsection (2) of this section can only be towed if the owner, possessor or their legal representative are not present or there are no passengers in the vehicle or when the participants are unable or refuse to remove the obstacle or hazard caused by the vehicle being parked illegally.

(7) A report shall be prepared concerning the towing of the vehicle and placement of the vehicle at a guarded storage facility and the report shall set out the following:

1) the type, make, state registration plate and special features of the vehicle placed at the guarded storage facility and a list of anything visibly missing from or any visible damage to the vehicle;

2) the position, given name, surname and signature of the official who makes the decision on towing and organises the towing;

3) the name, address and telephone number of the person who places the vehicle at the guarded storage facility and the given name and surname of the person who carries out the placement;

4) the address of the storage facility at which the vehicle is placed;

5) the date and time of preparation of the report;

6) the position, given name and surname of the person who receives the vehicle at the storage facility and a list of anything visibly missing from or any visible damage to the vehicle;

7) the signature of the person who receives the vehicle at the storage facility.

(8) The report indicated in subsection (7) of this section shall be prepared in three original copies of which the first shall be given to the official who makes the decision on placement of the vehicle at a storage facility, the second shall be retained by the company which organises the placement and the third shall be retained at the storage facility of the vehicle.

(9) A vehicle shall be returned to the owner or a representative thereof promptly after payment of the costs of the arrival of the tow truck, towing and storing the power-driven vehicle. Placing the power-driven vehicle on a tow truck is also deemed as towing.

(10) A company which tows or stores a vehicle shall be liable for any damage caused during towing or storage of the vehicle.

(11) In the cases set out in clause 91 (2) 5) of this Act, the use of a vehicle may be prohibited by means of seizure of the registration plates thereof.

(12) The costs of transporting a vehicle to the guarded storage facility or police authority and the costs of storing and guarding the vehicle there shall be compensated by the driver, owner or possessor of the vehicle pursuant to the procedure and at the rates established in subsection (14) of this section. Upon establishment of the rates on the basis of subsection (14) of this section it must be taken into account that the person towing the vehicle away or the person organising the keeping and guarding of the vehicle in a guarded storage facility must be able to bear the direct expenses relating to the service, the capital expenditure and a proportional part of the overheads and make a reasonable operating profit. The police shall be informed immediately and the owner or possessor of the power-driven vehicle or their legal representative shall be informed in writing of the transportation of the vehicle to a storage facility or police authority.

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(13) The driver, owner or possessor of a vehicle shall be released from compensating for the costs specified in subsection (12) of this section if his or her activities do not comprise the elements of an offence.

(14) The costs of transporting a vehicle to the guarded storage facility or police authority and the costs of storing and guarding the vehicle there and the reimbursement arrangements are established by the Government of the Republic Regulation.

Division 2

Right to drive power-driven vehicles

§ 93. Categories of power-driven vehicles

(1) In terms of the right to drive power-driven vehicles and road trains are divided into main categories and subcategories.

(2) The main categories for power-driven vehicles, road trains and machine trains are as follows:

1) AM – moped;

2) A – motorcycle;

3) B – motor vehicle with maximum mass not exceeding 3500 kilograms and with no more than eight seats in addition to the driver’s seat; same motor vehicle coupled with a light-weight trailer or with a trailer which is not a light-weight trailer and where the maximum mass of the road train shall not exceed 3500 kilograms; same motor vehicle with a trailer of maximum mass exceeding 750 kilograms and where the maximum mass of the road-train exceeds 3500 kilograms but does not exceed 4250 kilograms, provided that the right to drive such motor vehicle and trailer combination has been obtained after passing a relevant driving test;

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

4) BE – road train which consists of a B category motor vehicle and a trailer or a semi-trailer with a maximum mass not exceeding 3500 kilograms;

5) C – motor vehicle which does not belong to category D or subcategory D1 and with a maximum mass exceeding 3500 kilograms and which has been designed and constructed to carry up to eight passengers in addition to the driver; same motor vehicle coupled with a light trailer;

6) CE – road train consisting of a C category motor vehicle and its trailer or semi-trailer with a maximum mass exceeding 750 kilograms;

7) D – motor vehicle which has been designed and constructed to carry more than eight passengers in addition to the driver; same motor vehicle coupled with a light trailer;

8) DE – road train consisting of a D category motor vehicle and its trailer with a maximum mass exceeding 750 kilograms;

9) T – tractor, mobile machinery and machine train.

(3) The subcategories for the power-driven vehicles and road trains are as follows:

1) A1 – motorcycle with an engine capacity not exceeding 125 cubic centimetres and engine power not exceeding 11 kilowatts or a motorcycle with a power and weight ratio not exceeding 0.1 kilowatts per kilogram. A three-wheel power-driven vehicle with symmetrically arranged wheels and with an engine power not exceeding 15 kilowatts is also an A1 subcategory power-driven vehicle.

2) A2 – motorcycle with engine power not exceeding 35 kilowatts or with power to weight ratio not exceeding 0.2 kilowatts per kilogram and which has not been modified from a vehicle with an engine capacity at least twice the amount;

3) B1 – four-wheel vehicle that is not a moped and whose unladen mass exceeds 350 kilograms but not 400 kilograms or 550 kg for vehicles for transporting goods and net power not above 15 kilowatts. In the event of the unladen mass of vehicles with an electric actuator, the battery mass shall not be taken into account;

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

4) C1 – motor vehicle which does not belong to the D category and with a maximum mass exceeding 3500 kilograms but not exceeding 7500 kilograms and which has been designed and constructed to carry up to eight passengers in addition to the driver; same motor vehicle with a light trailer;

5) C1E – road train consisting of a C1 subcategory motor vehicle and its trailer or semi-trailer with a maximum mass exceeding 750 kilograms, providing that the combined maximum mass of the traction unit and the trailer or semi-trailer does not exceed 12 000 kilograms; road train consisting of a B category motor vehicle and its trailer or semi-trailer with maximum mass exceeding 3500 kilograms, provided that the combined permissible maximum mass of the traction unit and the trailer or semi-trailer does not exceed 12 000 kilograms;

6) D1 – motor vehicle which has been designed and constructed to carry up to 16 passengers in addition to the driver and with a length not exceeding eight metres; same motor vehicle with a light trailer;

7) D1E – road train consisting of a D1 subcategory motor vehicle and its trailer with a maximum mass exceeding 750 kilograms.

§ 94. Right to drive

(1) A power-driven vehicle may be driven by a person who has the right to drive power-driven vehicles of the corresponding category and whose right to drive has not been suspended, revoked or declared invalid or who has not been removed from driving.

(2) Power-driven vehicles in the AM category may also be driven by persons who have the right to drive any power-driven vehicle or a limited right to drive. A person born prior to 1 January 1993 is not required to have a right to drive or a limited right to drive power-driven vehicles in the AM category. A person who was aged 16–17 years at the time of this Act entering into force is not required to have a right to drive power-driven vehicles in the AM category until 1 January 2013.

(3) Persons with the right to drive power-driven vehicles in category A may also drive power-driven vehicles in subcategories A1 and A2.

(4) Persons with the right to drive power-driven vehicles in category B may also drive power-driven vehicles in subcategory B1 and three-wheeled vehicles with symmetrically arranged wheels, which are in subcategory A1.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(5) Persons with the right to drive power-driven vehicles in category C may also drive power-driven vehicles in subcategory C1.

(6) Persons with the right to drive power-driven vehicles in category D may also drive power-driven vehicles in subcategories D1.

(7) Persons with the right to drive road trains in categories CE and DE and sub-categories C1E and D1E may also drive road trains in category BE. Persons with the right to drive road trains in category CE may also drive road trains in category DE if the driver holds the right to drive power-driven vehicles in category D.

(8) Persons with the right to drive road trains in subcategory C1E may also drive road trains in subcategory D1E if the driver holds the right to drive power-driven vehicles in subcategory D1.

(9) Persons with the right to drive road trains in category DE may also drive road trains in subcategory C1E if the driver holds the right to drive power-driven vehicles in subcategory C1.

(10) Power-driven vehicles in category T and machine trains with the maximum mass not exceeding 8000 kilograms may also be driven by a person who has the right to drive power-driven vehicles in categories B, C or D or subcategories C1 or D1.

(11) Power-driven vehicles in category T and machine trains with the maximum mass not exceeding 18 000 kilograms may also be driven by a person who has the right to drive road trains in category BE or power-driven vehicles in subcategories C1 or D1 or a person who received the right to drive power-driven vehicles in category B prior to the entry into force of this Act.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(12) Power-driven vehicles in category T and machine trains may also be driven by a person who has the right to drive road trains in categories CE or DE or subcategories C1E or D1E.

§ 95. Limited right to drive

(1) A limited right to drive is the right of persons who are younger than persons provided for in subsection 103 (1) of this Act to drive power-driven vehicles in the cases and pursuant to the procedure specified in the current section of this Act.

(2) A limited right to drive power-driven vehicles in category B may be granted to a person of 16 to 17 years of age on the condition that his or her legal guardian or a person authorised by the legal guardian is next to him or her in the motor vehicle. Such person shall have held the right to drive power-driven vehicles in category B for at least two years and is not in the state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream.

(3) A limited right to drive power-driven vehicles in category T may be granted to a person of at least 15 years of age on the condition that the maximum mass of the vehicle with or without a trailer does not exceed 8000 kilograms. A person with a limited right to drive may drive power-driven vehicles in category T on the condition that he or she does not carry goods on roads and that the driving takes place under the direct supervision of his or her legal guardian or a person authorised by the legal guardian in writing. Such person shall have held a driving licence certifying the right to drive power-driven vehicles in category T for at least two years and shall not be in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream.

(4) A motor vehicle which is driven by a person with a limited right to drive shall display a novice driver’s badge on the front and at the rear of the motor vehicle in a visible position.

(5) In the case of the legal guardian or a person authorised in writing by the legal guardian specified in subsections (2) and (3) of this section, the required period of holding a relevant licence does not include the period they held a licence with limited right to drive or a provisional licence.

§ 96. Documents certifying right to drive

(1) A driver of a power-driven vehicle must have a valid document certifying his or her right to drive. A document certifying the right to drive is a provisional driving licence, a driving licence, temporary driving licence, a driving licence with a limited right to drive specified in section 95 of this Act, an international driving licence issued by a competent authority along with an internal driving licence or, in cases stipulated by law, a document substituting a driving licence. Any person may hold only one valid document certifying their right to drive.

(2) The right to drive is established by the traffic register or the document specified in subsection (1) of this section. The data of the traffic register shall be relied on if, according to the data of the traffic register, the right to drive of the driver of a power-driven vehicle has suspended, has been suspended or, as a punishment, has been withdrawn pursuant to law.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) A driving licence is not required to drive a pedestrian controlled power-driven vehicle. A vehicle with a driver’s seat is not a pedestrian controlled power-driven vehicle.

(4) A learners’ form duly completed together with an authorisation to travel on roads certifies the right of a learner-driver to drive a power-driven vehicle during a driving lesson under the conditions specified in subsection 109 (1) of this Act and a learner’s form or learner’s certificate certifies the right of a learner-driver to drive a power-driven vehicle during driving practice on the conditions specified in subsection (2).

(5) The right of an examinee to drive a power-driven vehicle during a driving test is established by the traffic register or by driving test report.

(6) A learner's licence prepared pursuant to subsection 106 (2) of this Act certifies that a person who has gained the right to drive has the right to drive a power-driven vehicle until he or she receives a provisional driving licence.

(7) A temporary driving licence shall be issued by the Road Administration to a person whose right to drive has not been suspended, withdrawn or revoked while a driving licence is being prepared or in other cases prescribed by law. A temporary driving licence grants the right to drive power-driven vehicles only in Estonia.

(8) The formats, technical specifications and the list of data entered on the driving licences, international driving licences, temporary driving licences, driving licences with limited right to drive, provisional licences specified in subsection (1) of this section and of the documents certifying the right to drive specified in subsections (4) to (6) of this section shall be established by the regulation of the Minister of Economic Affairs and Communications.

(9) A state fee is payable for issuing or replacing a driving licence.

§ 97. Terms of driving licences

(1) A driving licence is valid for ten years.

(2) A provisional driving licence is valid for up to two years.

(3) A driving licence with a limited right to drive a power-driven vehicle in category B is valid until the owner of the driving licence becomes 18 years old.

(4) A driving licence with a limited right to drive a power-driven vehicle in category T where the maximum mass with or without a trailer does not exceed 8000 kilograms is valid until the owner of the driving licence becomes 16 years old.

(5) A temporary driving licence is valid for up to two months.

(6) An international driving licence is valid for up to three years.

(7) A driving licence for category AM, A, B and T and subcategory A1, A2 and B1 power-driven vehicles and BE category road trains is valid for ten years.

(8) A driving licence for category C and D and subcategory C1 and D1 power-driven vehicles and category CE, DE, C1E and D1E road trains is valid for five years.

§ 98. Issue, replacement and revocation of provisional driving licences and full driving licences

(1) Provisional driving licences and full driving licences shall be issued, replaced and revoked by the Road Administration.

(2) Provisional driving licences and full driving licences shall be issued within ten working days as of the day after which the corresponding test was passed or an application for replacement of the driving licence was submitted.

(3) Provisional driving licences and full driving licences are not issued to persons whose right to drive has been suspended or revoked pursuant to section 125 of this Act or whose right to drive has been revoked by a competent authority of an European Union member state and the corresponding decision has been forwarded to the Road Administration.

(4) If an applicant for a provisional driving licence does not collect his or her provisional driving licence within 12 months as of the date of commencement of validity of the provisional driving licence, a new provisional licence shall be issued only if the person successfully passes the theory test and driving test required to obtain the right to drive.

(5) If the holder of a provisional driving licence does not obtain a full driving licence for the corresponding category of power-driven vehicle or road train within 12 months as of the expiry of the provisional driving licence, he or she shall re-apply for a provisional driving licence and successfully pass the theory test and driving test required to obtain the provisional driving licence.

(6) Provisional driving licences and full driving licences are revoked on the following occasions:

1) revocation of the right to drive;

2) the driving licence has been lost, damaged or stolen;

3) the person has provided false information when applying for a provisional driving licence or full driving licence or has obtained a provisional driving licence or full driving licence by fraud;

4) the person has been issued a new driving licence;

5) the person has been subsequently issued a foreign driving licence;

6) the person has not surrendered the driving licence and there are grounds pursuant to subsection 128 (2) of this Act to revoke the driving licence, or

7) the person has not collected it within 12 months as of the date on which the grounds for the issue of the provisional driving licence arose.

§ 99. Driving licences issued in foreign states

(1) Estonia recognises:

1) A driving licence issued in the member states of the European Economic Area or in the Swiss Confederation;

2) A driving licence issued in a contracting state of the 1968 Vienna Convention on Road Traffic which conforms with the convention;

3) A driving licence issued in a contracting state of the 1949 Geneva Convention on Road Traffic together with an international driving licence;

4) A foreign driving licence issued in a state which has an international agreement with Estonia on mutual recognition of driving licences.

(2) The driving licences of members of the armed forces of foreign states and their dependants who are in the territory of the Republic of Estonia shall be recognised pursuant to the procedure provided for in the International Military Co-operation Act. A document certifying that the person is a member of the armed forces of a foreign state or their dependant shall be submitted together with a driving licence issued in a foreign state.

(3) The driving licences of foreign diplomatic representatives, consular agents and representatives of special missions and international organisations accredited to Estonia and of members of the administrative, support and household staff of a foreign diplomatic representation, consular post, representatives of special missions or an international organisation, and also a driving licence of a family member of a member of such staff who is not a citizen of Estonia or who does not hold a residence permit in Estonia, shall be valid in Estonia even if the licence does not correspond to the requirements provided for in subsection (1) of this section, provided that a diplomatic or service card issued by the Minister of Foreign Affairs is submitted together with the licence.

(4) The driving licence specified in subsections (1), (2) and (3) of this section is only valid on the condition that the state which has issued the driving licence has not suspended, withdrawn or revoked the person’s right to drive.

(5) The driving licence issued in a state specified in clause (1) 1) of this section is valid until the end of the period of validity stated on the licence. If the period of validity of the driving licence is longer than ten years, it must be replaced with an Estonian driving licence within 24 months as of the date on which residence permit was issued or on which the person settled in Estonia. The settlement in Estonia and the validity of the residence permit is determined by the population register. If the driving licence specified in clause (1) 1) of this section has expired or if the person has not replaced it within 24 months as of the date on which the person settled in Estonia, it shall be replaced with an Estonian driving licence after the person has successfully passed the theory test and driving test. The replaced driving licence shall be surrendered to the Road Administration.

(5¹) A driving licence issued in the state specified in clause 1) of subsection (1) of this section shall remain in force until the date of expiry indicated on it. If five years have passed from the expiry of the driving licence specified in cause 1) of subsection (1), the driving licence shall be replaced with an Estonian driving licence after passing a traffic theory test and a driving test. The establishment of residence of a person in Estonia and the validity of the right of residence shall be identified on the basis of the data of the population register. A driving licence to be replaced shall be surrendered to the Road Administration.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011 – in force until 18.01.2013]

(6) The driving licence of a person who has taken up permanent residence in Estonia, which licence has been specified in clause (1) 2) of this section is valid for 12 months as of the date on which the person took up residence in Estonia; the driving licence shall be replaced with an Estonian driving licence without any tests. The driving licence being replaced shall be surrendered to the Road Administration. If a driving licence has not been replaced within five years after its expiry, the driving licence shall be replaced with an Estonian driving licence after passing the traffic theory test and the driving test. The Road Administration has the right to demand an international driving licence or the official translation of the driving licence.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(6¹) A proper driving licence of a person who has taken up permanent residence in Estonia, which licence has been specified in clause 3) of subsection (1) of this section, shall be valid for 12 months as of taking up permanent residence in Estonia; the driving licence shall be replaced with an Estonian driving licence after passing the traffic theory test and the driving test. A driving licence to be replaced shall be surrendered to the Road Administration. If a driving licence has not been replaced within five years after the date of expiry indicated on it, an Estonian driving licence may be applied for pursuant to the procedure provided for in section 98 of this Act.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(7) Driving licences issued in states which have an international agreement of mutual recognition of driving licences with Estonia shall be replaced pursuant to terms and conditions specified in the international agreement.

(8) Valid driving licences specified in subsection (1) of this section shall be replaced with Estonian driving licences, provided that the person’s right to drive has not been suspended, withdrawn or revoked in the state which had issued the driving licence or in Estonia.

Division 3

Grant of right to drive power-driven vehicles

§ 100. General requirements for grant of right to drive power-driven vehicles

(1) Right to drive a power-driven vehicle is granted to a person whose permanent residence is in Estonia, whose age and state of health comply with the requirements in force and who has obtained the qualification of a driver of a power-driven vehicle.

(2) Within the meaning of this Act, permanent residence is a place where a person usually lives at least 185 days in each calendar year, because of personal and occupational ties. Permanent residence is attested by the data from the population register.

(3) In order to obtain the qualification of a driver of a power-driven vehicle, the applicant for the right to drive shall complete the training established under subsection (6) of this section and the first-aid training established in accordance with subsection (8) of this section and successfully pass a theory test and driving test according to the procedure established in subsection (7) of this section. A theory test is not required in the cases specified in subsections 107 (2) and 107 (3) of this Act for upgrading from driving a lower-category motorcycle to driving a higher-category motorcycle, when the right to drive is granted after a successful completion of the driving test.

(4) The Road Administration organises theory tests and driving tests, approves examination results and grants the right to drive a power-driven vehicle.

(5) The requirements for the knowledge, skills and behaviour of drivers of power-driven vehicles shall be established by a regulation of the Minister of Economic Affairs and Communications.

(6) Conditions and procedures of training drivers of power-driven vehicles, including curricula, shall be established by a regulation of the Minister of Economic Affairs and Communications.

(7) The procedure for testing drivers of power-driven vehicles and granting a right to drive and requirements for driving test vehicles shall be established by a regulation of the Minister of Economic Affairs and Communications.

(8) Requirements for first-aid training and first-aid testing of drivers of power-driven vehicles, for the first-aid teaching aids and curriculum shall be established by a regulation of the Minister of Social Affairs.

(9) State fee is payable for testing a driver of a power-driven vehicle.

§ 101. Medical examination of a driver of a power-driven vehicle and an applicant for a right to drive

(1) The state of health of drivers of power-driven vehicles and applicants of a right to drive shall comply with the medical requirements established in accordance with subsection (10) of this section. Compliance with medical requirements is proven by a medical certificate issued by the person who has carried out the medical examination.

(2) Applicants for a right to drive shall pass no sooner than six months before the start of the driver training a medical examination and drivers of power-driven vehicles shall regularly pass a medical examination, in the course of which the state of health of persons passing the medical examination and their suitability to drive a power-driven vehicle is determined.

(3) Drivers of power-driven vehicles shall pass a medical examination once every ten years, upon replacing their driving licence or upon arrival of the due date of the next medical examination. If the due date of the next medical examination arrives up to six months before the date of expiry of the driving licence, the medical examination shall be undergone not later than on the date of expiry of the driving licence.

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

(4) A medical examination shall be passed once in five years by:

1) drivers over 65 years old driving power-driven vehicles in categories A, B and BE and their subcategories;

2) drivers over 50 years old driving power-driven vehicles in categories C, CE, D and DE and their subcategories, drivers of tractors and mobile machinery in category T, drivers of taxis in category B, drivers of emergency vehicles in category A and B and driving instructors.

(5) Upon the decision made by the person conducting the medical examination and depending on the state of health of drivers of power-driven vehicles, a driver may have to pass a medical examination more frequently than specified in subsections (3) and (4) of this section.

(6) In other cases than specified in subsections (2) to (5) of this section, drivers of power-driven vehicles shall pass a medical examination:

1) if they are in a state of health that is hazardous to road safety as established pursuant to section 70 of this Act and they have been removed from driving a vehicle pursuant to section 91 of this Act;

2) on the request of a medical doctor in case it is determined in the course of a medical examination that the driver’s state of health does not comply with the established medical requirements.

(7) A person who conducts a medical examination may determine, if necessary, a special condition of the right to drive, on the basis of the state of health of a driver of the power-driven vehicle and an applicant of right to drive. A special condition of a right to drive means that due to person’s state of health, driving of power-driven vehicles is allowed under a determined special requirement or restriction.

(8) Upon arrival of the due date for the next medical examination of a driver of power-driven vehicle, the right to drive a power-driven vehicle is suspended if the person fails to submit a new medical certificate to the Road Administration by the set due date at the latest.

(9) 30 days before the due date for the next medical examination, the Road Administration shall, on the consent of the person in question, send to the person’s mobile telephone number or electronic mail address submitted by him or her, a message that the person’s right to drive will be suspended on the due date for the next medical examination unless the person submits a new medical certificate to the Road Administration no later than on the said due date, and that he or she needs to submit a new medical certificate to the Road Administration for restoring his or her right to drive.

10) Formats of medical certificates and medical requirements for drivers of power-driven vehicles and applicants of right to drive, including medical contraindications which prohibit driving of a power-driven vehicle, shall be established by the Government of the Republic Regulation.

§ 102. Performance of a medical examination

(1) Medical examination for drivers of and applicants for right to drive power-driven vehicles in categories A, B, BE, C and CE and their subcategories, except for taxis in category B and emergency vehicles in categories A, B and C and tractors and machine trains in category T is carried out by a family doctor.

(2) Medical examination for drivers of and applicants for the right to drive power-driven vehicles of category D and DE and their subcategories, taxies in category B and emergency vehicles in categories A, B and C and driving instructors is carried out by a traffic medicine committee that operates in accordance with a working permit set up at a provider of health care services (hereinafter traffic medicine committee).

(3) The traffic medicine committee includes at least three medical specialists – optometrist, neurologist and therapeutist.

(4) A family doctor or a traffic medicine committee shall forward the data of the medical certificate of a driver of a power-driven vehicle and an applicant of a right to drive to the Road Administration online via the e-Health system.

(5) The cost of medical examination referred to in subsection 101 (2) of this Act shall be paid for by the applicant for the right to drive or the driver of the power-driven vehicle. The cost of medical examination may be paid for by an employer.

(6) Supervision over medical examination of applicants for right to drive and drivers of power-driven vehicles shall be carried out by the Health Board in accordance with the procedure provided in the Health Services Organisation Act.

§ 103. Minimum age of drivers

(1) Depending on their age, persons may be granted the right to drive the following categories of power-driven vehicles, except in cases of limited right to drive provided for in section 95 of this Act:

1) 14 years of age – power-driven vehicles in category AM;

2) 16 years of age – power-driven vehicles in subcategory A1 and B1 and power-driven vehicles in category T where maximum mass with or without a trailer does not exceed 18 000 kilograms;

3) 18 years of age – motorcycles in category A with engine power not exceeding 25 kW or effective engine power not exceeding 0.16 kW/kg; power-driven vehicles in category B; power-driven vehicles in subcategory C1 and power-driven vehicles in category T where maximum mass with or without a trailer exceeds 18 000 kilograms;

4) 20 years of age – power-driven vehicles in category A if the person has previously been granted a right to drive for power-driven vehicles in subcategory A2 for at least two years;

5) 21 years of age – a motorcycle in category A with net power exceeding 25 kW or effective power exceeding 0.16 kW/kg; power-driven vehicle in category A with three symmetric wheels with net power exceeding 15 kW; power-driven vehicle in categories C and D and subcategory D1;

[RT I, 31.12.2010, 3 – entry into force 01.07.2011 – in force until 18.01.2013]

6) 24 years of age – power-driven vehicle in category A, except in case specified in clause 4) and power-driven vehicle in category D;

7) 18 years of age – power-driven vehicle in category B; power-driven vehicle in subcategory A2 and C1 and power-driven vehicle in category T where maximum mass with or without a trailer exceeds 18 000 kilograms;

8) 21 years of age – a three-wheeled motorcycle with a symmetrical wheel layout in category A with net power exceeding 0.25 kW or effective power exceeding 0.16 kW/kg; power-driven vehicle in category C and subcategory D1.

(2) Driving lessons and driving practice specified in subsections 109 (1) and (2) of this Act are permitted with the following minimum age limit and categories of power-driven vehicles:

1) 14.5 years of age – power-driven vehicle in category T where maximum mass with or without a trailer does not exceed 18 000 kilograms;

2) 15.5 years of age – power-driven vehicle in category B and subcategories A1 and B1;

3) 17 years of age – power-driven vehicle in subcategory C1;

4) 17.5 years of age – power-driven vehicle in category T where maximum mass with or without a trailer exceeds 18 000 kilograms.

§ 104. Exceptional circumstances for grant of right to drive

(1) On the proposal of the management of an organization representing Estonia in the International Automobile Association, a right to drive power-driven vehicles in category B may be granted to motor racing athletes who are 17 years of age, hold an international driving permit and whose participation in international events requires a driving licence and who have limited right to drive power-driven vehicles in category B.

(2) Persons who have a right to drive power-driven vehicles in category B specified in subsection (1) of this section may, until they attain 18 years of age, drive motor vehicles on the conditions specified in subsection 95 (2) of this Act.

(3) In exceptional circumstances, the right to drive a power-driven vehicle in category C, a road train in category CE, a power-driven vehicle in subcategory D1 or a power-driven vehicle in category D that provides local regular services within the meaning of the Public Transport Act in lines that are shorter than 50 kilometres may be granted to persons who are at least 18 years of age, who have at least the right to drive power-driven vehicles in category B and who have completed 280 hours of vocational training established in the Road Transport Act.

(4) Only for the performance of their duties, the right to drive power-driven vehicles in category C and road trains in category CE may be granted to conscripts who are at least 18 years of age, who are serving in the Defence Forces of Estonia and who have a right to drive power-driven vehicles in category B, and the right to drive power-driven vehicles in category D may be granted to conscripts who are at least 18 years of age, who are serving in the Defence Forces of Estonia and who hold a right to drive power-driven vehicles in category C.

§ 105. Grant of a right to drive a moped

(1) Applicants for a right to drive a moped who are up to 15 years of age shall have a written consent of his or her legal representative for being granted a right to drive.

(2) The right to drive a moped is granted and the driving licence is issued to a person who:

1) has not been punished for misdemeanours specified in sections 201, 223, 224, 226, subsections 227 (2) to 227 (4), sections 234, 236 or 237 of this Act or

2) has not been punished for a traffic offence specified in Chapter 23 of the Penal Code or

3) has not been repeatedly punished for misdemeanours specified in Chapter 15 of this Act, except the violations specified in clause 1) of this subsection.

(3) In order to be granted a right to drive a moped, persons who were 16–17 years of age at the time when this Act entered into force, must pass only a theory test.

§ 106. Grant of right to drive a motor vehicle and a motorcycle

(1) The right to drive a motor vehicle and a motorcycle is granted and a provisional driving licence is issued to a person who:

1) has not earlier held the right to drive a motor vehicle or a motorcycle or

2) has the right to drive a motorcycle or a tractor and who additionally wishes to obtain the right to drive a motor vehicle and

3) has not been punished for misdemeanours specified in sections 201, 223, 224, 226, subsections 227 (2) to 227 (4), sections 234, 236 or 237 of this Act or

4) has not been punished for a traffic offence specified in Chapter 23 of the Penal Code or

5) has not been repeatedly punished for misdemeanours specified in Chapter 15 of this Act, except the violations specified in clause 3) of this subsection.

(2) After the test results are officially registered and until a provisional driving licence is obtained, but for not longer than 15 days as of passing the test, a learner’s certificate, on which the Road Administration has made an entry concerning the grant of the right to drive, certifies that a person who has gained the right to drive has the right to drive a power-driven vehicle independently.

(3) A motor vehicle which is driven by a person who holds a provisional driving licence or a driver referred to in subsection (2) of this section, shall display a novice driver’s badge on the front and at the rear of the vehicle in a visible position.

(4) If a person who holds a provisional driving licence has acquired the necessary skills and completed the final stage of training and in the last 12 months has not been punished for a violation of traffic rules, shall be issued a driving licence without passing an examination.

(5) If a person who holds a provisional driving licence has a punishment in force for violation of traffic rules, he or she shall be issued a driving licence after a successful passing of a theory test.

(6) If a person who holds a provisional driving licence has been punished by revoking the right to drive a power-driven vehicle, his or her right to drive a power-driven vehicle and the provisional driving licence issued to him or her shall be revoked. If a person has been granted the right to drive a power-driven vehicle in some category before the first issue of a provisional driving licence, the right to drive these power-driven vehicles of these categories shall not be revoked. The right to drive a power-driven vehicle and a new provisional driving licence may be applied for after completing a follow-up training and a successful passing of a theory and driving test.

(7) A person who has a right to drive and the right to drive power-driven vehicles in category B and who wishes to additionally obtain the right to drive a power-driven vehicle in some other category, the right to drive shall be transferred under the procedure established by section 107 of this Act, and a driving licence shall be issued to him or her.

(8) In the course of vocational training, the training of drivers, their testing and granting them a right to drive is conducted in one phase and after a successful passing of tests, the person is granted a driving licence in accordance with the procedure established by subsection 100 (7) of this Act.

§ 107. Grant of right to drive a power-driven vehicle in categories A and subcategories A1 and A2, category B and subcategory B1 and category B and subcategory C1 upon simultaneous application

(1) If the right to drive a power-driven vehicle in subcategory A1 or A2 is granted for the first time, the person is issued a provisional driving licence also in case when he or she has previously been issued a provisional driving licence for driving a power-driven vehicle in category B or category B with subcategory C1. Provisional driving licence is issued with the same time of validity as marked on the previous provisional driving licence.

(2) The right to drive a power-driven vehicle in category A is granted to a person who holds a driving licence for driving a motor vehicle in any category or who has held the right to drive a power-driven vehicle in subcategory A2 for at least two years.

(3) The right to drive a power-driven vehicle in subcategory A2 may also be given to a person who holds a provisional driving licence or a driving licence for driving a power-driven vehicle of any category or who holds a right to drive a power-driven vehicle in subcategory A1.

(4) If the right to drive a power-driven vehicle in category B or subcategory B1 or, simultaneously, category B and subcategory C1 is granted for the first time, the person shall be granted a provisional driving licence, except in the case specified in subsection (5) of this section.

(5) If an applicant who applies for a right to drive power-driven vehicles in category B or simultaneously a right to drive power-driven vehicles in category B and subcategory C1 has previously been issued a right to drive power-driven vehicles in category C or D, he or she shall be issued a driver’s licence.

§ 108. Grant of a right to drive a power-driven vehicle in categories C, D and T and subcategories C1 and D1 and a road train and machine train

(1) A right to drive a power-driven vehicle in category C and subcategory D1 may be granted to a person who has held a right to a drive a power-driven vehicle in category B for at least one year.

(2) A right to drive a power-driven vehicle in category D may be granted to a person who has held a right to drive a power-driven vehicle in category B for at least two years.

(3) The period of holding a driving licence specified in subsections (1) and (2) of this section excludes the period of holding a provisional driving licence for a power-driven vehicle in category B and a driving licence with a limited right to drive.

(4) A right to drive a power-driven vehicle in subcategory C1 may be granted to a person together with a right to drive a power-driven vehicle in category B or to a person who has a right to drive a power-driven vehicle in category B.

(5) A right to drive a road train in subcategory BE, CE or DE and subcategory C1E or D1E may be granted to a person who holds a right to drive a traction unit of a corresponding category.

(6) A right to drive a power-driven vehicle in categories C and D and a road train in category CE may be granted to a person together with granting a right to drive a power-driven vehicle in category B or to a person who has a right to drive a power-driven vehicle in category B, if the right to drive is necessary in connection with conducting a vocational training course, in accordance with the Road Transport Act. If, in accordance with the Road Transport Act, it is necessary to conduct a vocational training course, the person may, after passing a final test and having been granted a right to drive a power-driven vehicle in category B or, once such a right to drive has been granted, without delay apply for the right to drive a power-driven vehicle in categories C and D and a road train in category CE.

(7) The right to drive a power-driven vehicle and a road train in the categories listed in this section shall not be given to a person who holds a provisional driving licence for a power-driven vehicle in category B.

(8) In order to be granted the right to drive a power-driven vehicle and a machine train in category T, a person who holds the right to drive a power-driven vehicle in categories C or D or subcategories C1 or D1, must only pass a driving test.

§ 109. Driving a power-driven vehicle during driving lessons and driving practice

(1) A person who takes a training course for driving a power-driven vehicle or has completed the training course or restores the right to drive may drive a power-driven vehicle during driving lessons in the presence of a driving instructor.

(2) For practicing driving, a learner-driver who undergoes or has completed a training course for driving a power-driven vehicle, may drive a power-driven vehicle in the presence of another person (hereinafter instructor) provided that the following conditions are met:

1) the instructor has held a driving licence for the corresponding category of a power-driven vehicle for at least five years. The period of holding a provisional driving licence is included in the period of holding a driving licence;

2) the instructor has no punishments in force for driving a power-driven vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream nor for violating traffic requirements for which the punishment prescribed by this Act is withdrawal of right to drive power-driven vehicles or for which a right to drive has been revoked, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

3) the instructor has obtained a certificate from the Road Administration certifying that he or she meets the requirements specified in clauses 1) and 2);

4) an instructor is allowed to practice driving with a person whose name is marked on the instructor’s certificate.

(3) A person who holds a certificate of a driving instructor may also be an instructor.

(4) Instructor’s certificate is not issued to a person who holds a provisional driving licence.

(5) If a learner-driver specified in subsection (2) of this section is younger than 18 years of age, only his or her legal representative may be the instructor.

(6) A motor vehicle, truck, bus and road train used for driving practice and a power-driven vehicle used for the purposes of obtaining driving practice shall display a sign of a vehicle for driving practice visible from the front and from the back.

(7) The procedure for issuing a certificate of a driving instructor and the format of the certificate shall be established by a regulation of the Minister of Economic Affairs and Communications.

(8) The applicant shall pay a state fee for the issue of the certificate for the instructor of driver of the power-driven vehicle.

§ 110. Driving a power-driven vehicle during a driving test

(1) The document which is the basis for driving a power-driven vehicle during a driving test is the driving test report prepared in the name of the examinee by the Road Administration.

(2) A driving test report shall be prepared after the theory test is passed, but before the driving test. The driving test report may be on paper or electronic.

(3) An applicant for a provisional driving licence shall not take a driving test earlier than three months before attaining the age specified in subsection 103 (1) of this Act.

Division 4

Driver training

§ 111. Driver training provider

(1) Driver training is provided by legal persons in private law, sole proprietors and state and municipal educational institutions which hold a licence to provide driver training (hereinafter education licence).

(2) The Minister of Education and Research shall issue an education licence for three years unless the applicant requests a shorter period.

§ 112. Requirements for driver training provider

(1) A driver training provider shall have:

1) study rooms (buildings, furnishings and other property) or the possibility to use such rooms;

2) a practice area or the possibility to use a practice area;

3) vehicles for driving practice which comply with the requirements provided by legislation or the possibility to use such vehicles;

4) instructors who comply with the requirements set out in subsection 118 (1) of this Act and first-aid instructors of drivers of a power-driven vehicles who comply with the requirements set out in section 119;

5) training plans and training documentation for the category being taught which comply with the requirements set out in subsections 100 (6) and 100 (8) of this Act;

6) the methodological and audiovisual teaching aids and accessories which are prescribed in the training plans;

7) first-aid teaching aids prescribed in the training plans.

(2) Before applying for an education licence the person who applies for an education licence must apply for an assessment of the Road Administration about his or her compliance with the requirements specified in this Act. For obtaining the assessment, documents specified in clauses 113 (1) 2) to 113 (1) 7) of this Act must be submitted to the Road Administration. The Road Administration has the right to involve, if necessary, in providing an assessment of the first-aid training of drivers of power-driven vehicles officials of the Health Board. The Road Administration shall give a written assessment within 30 days after the reception of the application.

(3) The requirements for teaching aids, practice area and vehicles for driving practice of the driver training provider shall be established by the Minister of Economic Affairs and Communications.

§ 113. Application for education licence and review of applications

(1) In order to obtain an education licence, an applicant shall submit the following documents to the agency which issues licences:

1) an application for an education licence;

2) documents certifying the existence or right of use of the rooms, practice area and vehicles for driving practice provided for in clauses 112 (1) 1) to 112 (1) 3) of this Act;

3) the training plan and training documentation provided for in clause 112 (1) 5) of this Act;

4) a list of audiovisual teaching aids provided for in clause 112 (1) 6) of this Act;

5) a list of teaching aids specified in clause 112 (1) 7) of this Act;

6) data about the compliance of driving instructors to the requirements of section 118 of this Act and written consents for being employed;

7) data about the compliance of first-aid instructors of drivers of power-driven vehicles to the requirements of section 119 of this Act and written consents for being employed;

8) an assessment specified in subsection 112 (2) of this Act.

(2) Before issuing an education licence, the agency which issues education licences shall verify the information held on an applicant for a licence in the commercial register in the case of an undertaking entered in the commercial register and in another register in the case of a person entered in that register pursuant to law.

(3) An agency which issues education licences shall review the application and shall decide to issue an education licence or reject its issuance within 45 days as of the submission of the documents specified in subsection (1) of this section. The agency which issues education licences shall communicate a decision to issue or to refuse to issue an education licence to the applicant for the licence either by post or by electronic means within five working days as of the decision being made.

(4) An agency which issues education licences shall refuse to issue an education licence if the applicant does not meet the requirements specified in section 112 of this Act or owes arrears.

(5) The applicant shall pay the state fee before submitting an application for education licence.

§ 114. Revocation of education licence

(1) An agency which issues education licences may revoke the education licence if:

1) a training provider applies for revocation of the education licence;

2) a training provider has been declared bankrupt or liquidation proceedings have been commenced against him or her;

3) a training provider owes arrears;

4) it becomes evident that false information was submitted upon application for the education licence;

5) training provided does not comply with the requirements provided for in this Act or legislation issued on the basis thereof or

6) a training provider has not commenced providing training within one year after the beginning of the validity of the education licence or has not provided training within the last year;

7) a training provider has been issued two or more precepts specified in subsection 116 (3) of this Act in the course of the current year;

8) a training provider has not observed the precept issued to him or her by a corresponding supervisory agency by the due time and in the required procedure.

(2) The agency which issued the education licence shall communicate the decision to revoke the education licence to the training provider by post or by electronic means within five working days as of the decision being made.

§ 115. Individual driver training

Individual driver training of drivers of power-driven vehicles must be provided under the supervision of a training provider specified in section 111 of this Act according to the rules established pursuant to subsection 100 (6) of this Act.

§ 116. Supervision over driver training

(1) Supervision over driver training of power-driven vehicles shall be provided by:

1) Ministry of Education and Research;

2) The Road Administration which supervises the fulfilment of requirements specified in subsections 100 (6) and 100 (8) of this Act, with the right to involve officials of the Health Board, if necessary, in carrying out supervision over the first-aid training of drivers of power-driven vehicles.

(2) In carrying out supervision, the official shall have the right to demand from the person who is entitled to provide driver training and the person who directly carries out driver training, presentation of relevant documentation, data and explanations, to study the organization of training and to be present at the training course.

(3) If the learner’s training or the driving instructor’s training does not comply with the requirements provided in this Act or the legislation pursuant to this Act, the supervisory officer specified in subsection (1) of this section is entitled to make a precept to the training provider to rectify the deficiencies of the training activity. Until compliance with the precept, the supervisory official specified in clause (1) 1) may suspend the training activity of the training provider and prohibit registration of new training groups.

(4) In case of non-compliance of a precept specified in subsection (3) of this section, the supervisory official may implement a penalty payment and a substitutive enforcement of a penalty payment pursuant to legislation. The upper limit for penalty payment is 1300 euros for a natural person and 6400 euros for a legal person.

Division 5

Driving instructor

§ 117. Requirements for training driving instructors

Training of driving instructors is provided by an institution of higher education which has a corresponding education licence issued by the Ministry of Education and Research.

§ 118. Requirements for driving instructors

(1) Driving instructors shall meet the following requirements:

1) be at least 21 years of age;

2) comply, within the meaning of the Professions Act, with the requirements for Level 6 of the qualifications framework;

3) have held a driving licence certifying the right to drive power-driven vehicles in the corresponding category for at least three years, except providers of training for drivers of power-driven vehicles in category AM who must have right to drive for power-driven vehicles in category A;

4) meet the qualification requirements for driving instructors;

5) have no punishments in force for driving a power-driven vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream nor for violating traffic requirements for which the punishment prescribed by this Act is a withdrawal of right to drive power-driven vehicles or for which a right to drive has been revoked, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

6) have not been punished for deliberate crime, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act.

(2) The time of holding a driving licence specified in clause (1) 3) of this section includes the time of holding a provisional driving licence. A certificate of an instructor is not issued to the holder of a provisional driving licence.

(3) An application for the right to train drivers of power-driven vehicles in categories A, C and D may be submitted by a person who has a right to train drivers of power-driven vehicles in category B.

(4) Drivers of power-driven vehicles in category AM may be trained by a driving instructor who has the right to train drivers of power-driven vehicles in category A.

(5) A driving instructor whose state of health no longer allows him or her to drive the power-driven vehicle of the category being trained, but who has held the right and experience to drive this power-driven vehicle for at least three years, may continue training the drivers of power-driven vehicles of this category as an instructor of traffic theory.

(6) The right of training of a driving instructor who has been removed from driving a power-driven vehicle or whose right to drive a power-driven vehicle has been suspended, shall be suspended until the basis for suspension is liquidated.

(7) Requirements for the qualification of the instructors of drivers of power-driven vehicles, requirements for the procedure of training of instructors and the requirements for the national curriculum are established by the Minister of Economic Affairs and Communications.

§ 119. Requirements for first-aid instructors of drivers of power-driven vehicles

First-aid instructors of drivers of power-driven vehicles must be registered as healthcare employees in the state register of healthcare employees.

§ 120. Certificate attesting the right to provide driver training

(1) The Road Administration shall issue a certificate for five years on the grant of the right to provide driver training to persons who apply for issuing a certificate and comply with the requirements provided in section 118 of this Act.

(2) A certificate attesting the right to provide driver training is revoked if:

1) right to drive is revoked in accordance with section 126 of this Act;

2) the certificate has been obtained by fraud;

3) the certificate has been falsified;

4) driving instructor has been punished for violations specified in clauses 118 (1) 5) and 118 (1) 6) of this Act;

5) false information was given upon application for the certificate;

6) the certificate is lost, damaged or has become unusable;

7) the holder of the certificate is dead or

8) a new certificate is issued.

(3) A certificate which was lost, destroyed or has become unusable and which attests the right to provide driver training is replaced by a new certificate if the applicant of the certificate complies with the requirements specified in section 118 of this Act.

(4) The procedure for application, issuing and revocation of a certificate attesting the right to provide driver training shall be established by a regulation of the Minister of Economic Affairs and Communications.

(5) A state fee is payable for the issue of a document certifying the right to provide driver training.

§ 121. Supervision over training of driving instructors

(1) Supervision over training of driving instructors is carried out by:

1) Ministry of Education and Research;

2) Road Administration which supervises the fulfilment of the requirements specified in subsection 118 (1).

(2) In carrying out supervision, the official shall have the right to demand from the person who is entitled to provide training and the person who directly carries out training, presentation of relevant documentation, data and explanations, to study the organization of training and to be present at the training course.

(3) If the driving instructor’s training does not comply with the requirements provided in this Act or in the legislation pursuant to this Act, the supervisory officer specified in subsection (1) of this section is entitled to make a precept to the training provider to rectify the deficiencies of the training activity. Until compliance with the precept, the supervisory official may suspend the training activity of the training provider and prohibit registration of new training groups.

Division 6

Examiner of drivers of power-driven vehicles

§ 122. Requirements for examiners of drivers of power-driven vehicles and certificates of examiners of drivers of power-driven vehicles

(1) Examiners of drivers of power-driven vehicles shall meet the following requirements:

1) be at least 25 years old;

2) comply, within the meaning of the Professions Act, with the requirements for Level 5 of the qualifications framework;

3) hold a valid right to drive the power-driven vehicle of the category that is being examined for at least five years together with category B driving licence or have the right to drive the power-driven vehicle of the category that is being examined and have worked as an examiner of category B drivers for at least three years;

4) have no punishments in force for driving a power-driven vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream nor for violating traffic requirements for which the punishment prescribed by this Act is a withdrawal of right to drive power-driven vehicles or for which a right to drive has been revoked, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

5) have not been punished for a deliberate crime, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

6) have passed examiner’s training organized by the Road Administration;

7) hold a valid certificate issued by the Road Administration for examiners of drivers of power-driven vehicles.

(2) The time of holding a driving licence includes the time of holding a provisional driving licence. Examiner’s certificate is not issued to a holder of a provisional driving licence.

(3) A certificate of an examiner of drivers of power-driven vehicles is declared invalid if:

1) a certificate has been obtained by fraud or similar manner;

2) the examiner has been punished for violations specified in clauses (1) 4) and 5) of this section, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

3) false information was given upon application for the certificate;

4) the certificate is lost, damaged, stolen or has become unusable;

5) the holder of the certificate is dead or

6) a new certificate is issued.

(4) The right for testing is suspended if the examiner does not comply with the established qualification requirements.

(5) Requirements for the examiners of drivers of power-driven vehicles and the procedure for training and issuing and revocation of certificates of examiners of drivers of power-driven vehicles shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 123. Supervision of training of examiners

(1) Supervision over training of examiners is carried out by the Road Administration.

(2) In carrying out supervision, the official shall have the right to demand from the person who has the right to provide training and the person who directly provides training, presentation of relevant documentation, data and explanations, to study the organization of training and to attend training.

Division 7

Suspension, withdrawal, revocation and restoration of right to drive power-driven vehicles

§ 124. Suspension of the right to drive power-driven vehicles

(1) Suspension of the right to drive power-driven vehicles means that a person is temporarily disqualified from driving power-driven vehicles.

(2) Right to drive power-driven vehicles shall be suspended by the Road Administration.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) A person’s right to drive power-driven vehicles shall be suspended if:

1) the period of validity of the driving licence has expired;

2) due date for passing the next medical examination of the driver of a power-driven vehicle has arrived.

(4) A person’s right to drive power-driven vehicles shall be suspended if the state of health of the driver of a power-driven vehicle does not meet the health requirements established on the basis of subsection 101 (10) of this Act.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(5) A decision to suspend the right to drive shall set out the following:

1) the date and place of making the decision;

2) the given name, surname and position of the person who makes the decision and the name and address of the agency;

3) the given name, surname and residence of the driver of a power-driven vehicle;

4) the basis of and the term for suspension of the right to drive;

5) the signature of the person who prepares the decision.

(6) In the cases specified in subsection (3) of this section the right to drive a power-driven vehicle shall be suspended on the day following the expiration date of the driving licence or the health certificate or the due date of passing the next health examination.

(7) In the events provided for in subsection (4) of this section the Road Administration shall prepare a decision to suspend the right to drive, issuing it in two copies, one of which, immediately after signature of the decision, shall be given to the person against a signature on the other copy of the decision or shall be sent by registered mail to the address of residence registered in the population register or another known address of residence. The right to drive power-driven vehicles shall be suspended upon the delivery of the decision to the person.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 125. Withdrawal of the right to drive power-driven vehicles

(1) Withdrawal of the right to drive is a principal or supplementary punishment imposed by a court or an extra-judicial body for an offence related to the violation of the requirements of this act or a legal act issued on the basis thereof, which entails disqualification from driving a vehicle.

(2) A punishment imposed on a person residing in Estonia by a court or an extra-judicial body of a Member State of the European Union or the European Economic Area or the Swiss Confederation, which entails disqualification from driving a vehicle, is also considered withdrawal of the right to drive. In Estonia the starting point of the execution of an enacted decision shall be the entering of the enacted decision in the traffic register.

§ 126. Revocation of the right to drive power-driven vehicles

(1) Right to drive power-driven vehicles shall be revoked if the person has obtained the right to drive by fraudulent means or if the person’s driving licence was issued on the basis of a document containing falsified or false information. Decision on the revocation of the right to drive shall be made by the Road Administration.

(2) A decision to revoke the right to drive shall set out the following:

1) the date and place of making the decision;

2) the given name, surname and position of the person who has made the decision and the name and address of the agency;

3) the given name, surname and residence of the driver of a power-driven vehicle;

4) the basis for revoking the right to drive;

5) the signature of the person who prepares the decision.

(3) Revocation of the right to drive power-driven vehicles enters into force after the communication of the decision to the person.

(4) The Road Administration shall prepare the decision of revoking the right to drive in two copies, one of which, immediately after signature of the decision, shall be given to the person against a signature on the other copy of the decision or shall be sent by registered mail to his or her address of residence registered in the population register or another his or her known address of residence.

§ 127. Surrender of the driving licence

In the event of suspension, withdrawal or revocation of the right to drive power-driven vehicles the person shall surrender their driving licence to the Road Administration within five working days after entry into force of the decision.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 128. Failure to submit or surrender the driving licence

(1) If, within the term provided for in section 127 of this Act, a person fails to submit their driving licence, the Road Administration shall issue the person a precept to surrender the driving licence, giving the person a term of no less than five working days and no more than 14 days to that effect. The precept shall enter into force as of delivery.

(2) In the event of failure to comply with a precept, the Road Administration may impose a penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 640 euros.

(3) If a person’s driving licence has been suspended for six months or more or if the right to drive power-driven vehicles has been withdrawn from the person for more than six months and the person has not complied with the precept specified in subsection (2) of this section by the prescribed time, the Road Administration shall have the right to declare the driving licence invalid.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 129. Restoration of the right to drive power-driven vehicles

(1) If the right to drive power-driven vehicles has been withdrawn from a person as a principal or a supplementary punishment for at least six months but for no longer than 12 months, the right to drive power-driven vehicles can be restored if the person successfully passes the theory test. The theory test can also be taken during the period when the right to drive has been revoked as punishment, but the right to drive in that case shall be restored after the expiration of the punishment term.

(2) If the right to drive power-driven vehicles has been withdrawn from a person as a principal or a supplementary punishment for 12 months or longer, the right to drive power-driven vehicles can be restored if the person successfully passes the required theory and driving test. The theory test can also be taken during the period when the right to drive has been revoked as punishment, but no sooner than 12 months before the expiration of the punishment term. The driving test cannot be taken before the expiration of the punishment term.

(3) If a person’s right to drive power-driven vehicles has been suspended due to the worsening of his or her health condition on the basis of a decision of the traffic medicine committee, his or her health certificate shall become invalid and the person can restore the right to drive if the circumstances which were the basis for the decision of the traffic medicine committee have ceased to exist. For restoring the right to drive the person shall have to pass the medical examination specified in section 101 of this Act, on the basis of which a new health certificate shall be issued.

(4) If a person has not replaced his or her driving licence within five years as of the expiry thereof, his or her right to drive power-driven vehicles shall be restored if he or she passes the theory and driving test.

(5) If a person’s right to drive granted in a foreign state has been suspended or revoked, his or her right to drive shall be restored after the expiry of the suspension or revocation term.

Chapter 5

WORKING AND REST TIME AND WAGES OF THE DRIVER

§ 130. Requirements for working, driving and rest time of drivers of power-driven vehicles

(1) The duration of driving and rest time for drivers of motor vehicles with more than nine seats (including the driver’s seat) designed for the carriage of passengers, and for drivers of motor vehicles or road trains with a maximum mass exceeding 3500 kilograms designed for the carriage of goods, the list of carriage types exempted from conformity with the requirements for road freight transport and the obligations of the drivers are provided for in Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Regulation (EEC) No 3820/85.

(2) Persons specified in Article 10(4) of Regulation (EC) No 561/2006 of the European Parliament and of the Council shall comply with the requirements for working and rest time of drivers established by legal acts. Any provision of a contract under the law of obligations deviant from the requirements of the named Regulation is void.

(3) Driver’s working time is the time between the appropriate break and rest periods pursuant to Regulation (EC) No 561/2006 of the European Parliament and of the Council or the appropriate break and rest periods pursuant to other legislation regulating labour law, when the driver is obliged to perform, arrange or prepare road transport.

(4) The stand-by time of another crew member being in the moving vehicle besides the driver is not included in the working time of a driver, unless it includes work-related activities or unless agreed otherwise in the collective agreement.

(5) Driver’s average weekly working time, including overtime, shall not exceed 48 hours.

(6) Weekly working time may be extended to 60 hours, if the average working time of four consecutive months does not exceed 48 hours per week.

(7) In case of extending the weekly working time to 60 hours, the four month calculation period specified in subsection (6) of this section may be replaced by a six month average working time calculation period, if the following requirements have been fulfilled:

1) such six month average working time calculation period has been specified in the collective agreement;

2) the work performed is expected to be of temporary or periodic nature and follow a recurrent pattern over the years;

3) the technological and organisational characteristics of the work process shall be known and understandable to the participants prior to the commencement of the six month average working time calculation period.

(8) If the driver works during the hours from 00.00 to 06.00, the daily working time shall not exceed ten hours for every 24-hour period of time.

(9) If during the journey the observance of the daily working time requirement specified in subsection (8) of this section becomes impossible due to the reasons not under the control of the driver and which were not known before the beginning of the journey, the driver may deviate from the working time restriction for the purpose of finding an appropriate place for stopping or in case of an unavoidable need for stopping the work process, ensuring the fulfilment of traffic safety and occupational safety requirements.

(10) During working time the driver shall not work for more than six consecutive hours without a break. If the total working time is from six to nine hours, it shall be suspended for a minimum break of 30 minutes, and if total working time is over nine hours, for a minimum break of 45 minutes. This subsection shall apply to a driver working on the basis of Regulation (EC) No 561/2006 of the European Parliament and of the Council to the extent not regulated by the Regulation.

(11) In addition to the drivers working under an employment contract, the requirements of this section shall apply also to drivers working under other contracts under the law of obligations. Application of the weekly working time calculation period pursuant to subsection (7) to drivers working under other contracts under the law of obligations is allowed only if the work to be performed complies with the requirements specified in clauses (7) 2) and (7) 3).

(12) The requirements specified in Regulation (EC) No 561/2006 of the European Parliament and of the Council shall not apply to drivers in domestic road transport, if:

1) the vehicle is used by agricultural, gardening, forestry or fishing undertakings for the transport of their goods within 50 kilometres from the place where the vehicle is usually located, including in the towns in that region;

2) the vehicle is used for the transport of animal waste or carcases;

3) the vehicle is used for the transport of animals from an agricultural enterprise to the market located in the same county and vice versa or from the market to the slaughter house located within the distance of 50 kilometres;

4) a vehicle or a vehicle with a trailer or semi-trailer with the maximum mass not exceeding 7500 kilograms transports materials, equipment or machinery necessary for the driver in relation to his or her work. Such a vehicle may be used within the distance of 50 kilometres from the location of the undertaking, provided that driving the vehicle is not the main activity of the driver;

5) a vehicle driven by pressurized gas, liquid gas or electricity is used for cargo transport from the location of the undertaking within 50 kilometres and the maximum mass of the vehicle with a trailer or semi-trailer does not exceed 7500 kilograms;

6) a vehicle is used only for driving lessons with the purpose of obtaining a driving licence and a professional certificate;

7) the vehicle is an agricultural or forestry tractor, which is used for agricultural and forestry work within the distance of 100 kilometres from the location of the undertaking;

8) the vehicle is used in relation to sewerage works, works related to protection against floods, rendering water, gas and electricity maintenance services, road maintenance or inspection, collection or removal of domestic waste, rendering telegraph, phone, radio or television services and determining the location of radio or television transmitters or receivers;

9) a special vehicle transporting circus or amusement park equipment;

10) the vehicle is used for the collection of milk from farms and for returning milk containers to farms or for delivering dairy products intended for animal feed;

11) the owner or the authorised user of a bus with from 10 to 17 seats is pursuant to the information of the population register the parent of four or more children, the respective entry has been made on the registration certificate of the vehicle and the bus is used for non-commercial passenger transport.

(13) On regular passenger services, the length of the route of which from the point of departure to the destination is up to 50 kilometres, the driver’s driving time in a workday shall not exceed nine hours and the rest period during any period of twenty-four hours shall not be shorter than nine hours.

(14) In the cases specified in subsection (12) of this section the employer shall inform the driver of the nature of the carriage, without, however, impairing the working conditions of the driver or traffic safety.

(15) In the cases not covered by this section the provisions of Division 3 of Chapter 3 of the Employment Contracts Act shall apply to the working and rest time of the driver.

§ 131. Use of tachograph

(1) Calculation of the driving and rest time of the drivers of power-driven vehicles shall take place according to the recording sheets of the mechanical tachograph pursuant to Annex I of Council Regulation (EEC) No 3821/85 on recording equipment in road transport or the information saved in the memory of tachograph with digital data recording (hereinafter digital tachograph) pursuant to Annex IB.

(2) The use of the tachograph is obligatory in the passenger transport specified in subsection 130 (13) of this Act, if a driver performs also passenger transport services, for which the use of the tachograph is obligatory, between two twenty-four hour rest periods.

(3) If the use of tachograph is obligatory, the driver shall record the information of the driving and rest time with a tachograph pursuant to Article 15 of Council Regulation (EEC) No 3821/85.

(4) Tachograph is not obligatory for vehicles:

1) manufactured before 1 January 1985, if the vehicle is not used for the provision of paid cargo or passenger transportation services;

2) used in transportation exempted from the requirements on the basis of Article 3 of Regulation (EC) No 561/2006 of the European Parliament and of the Council and subsection 130 (13) of this Act.

§ 132. Application for the digital tachograph card

(1) The driver of a power-driven vehicle with a digital tachograph, the employer of the driver, the inspector and the workshop installing the tachograph (hereinafter workshop) shall have the relevant digital tachograph card (hereinafter also: card), which enables to ascertain the user of the card, to record and store the data.

(2) A natural person with the right to work in Estonia may apply for the driver card, if:

1) he or she has a valid driving licence for driving a power-driven vehicle of the category for which the use of the tachograph is obligatory;

2) he or she has not been issued earlier a valid driver card or a workshop card necessary for operating as an installer of digital tachographs.

(3) Company card may be applied for by an undertaking which uses or intends to start using a power-driven vehicle, which has a digital tachograph.

(4) Workshop card may be applied for by an undertaking which has been declared competent in its area of specialisation by an accreditation institution specified in subsection 5 (5) of the Metrology Act.

(5) Control card may be applied for by an authority performing supervision specified in section 139 of this Act.

(6) Manufacturing of digital tachograph cards is arranged by and the cards are issued and revoked by the Road Administration.

(7) The procedure for the application for, issue of and use of the driver, company, workshop and control card of a power-driven vehicle with a digital tachograph shall be established by the regulation of the Minister of Economic Affairs and Communications.

(8) A state fee is payable for the issue of the card.

§ 133. Period of validity of the card

Driver, company and control card are issued for the term of five years, workshop card for the term of one year.

§ 134. Refusal to issue the card

The issue of the card shall be refused if:

1) the applicant does not comply with the requirements provided for in section 132 of this Act;

2) inaccurate information has been submitted for applying for the card;

3) the previous driver card of the applicant for the driver card has been revoked less than six months ago due to the violation of the requirements specified in clauses 135 (1) 1), 135 (1) 2) and 135 (1) 6) of this Act;

4) the applicant for the workshop card does not comply with the professional competence requirement specified in subsection 127 (4) of this Act or has been punished for a serious violation of the requirements for the installation of the tachograph under section 216, or

5) the applicant has not paid the state fee.

§ 135. Revocation of the card

(1) The card shall be revoked if:

1) inaccurate information has been submitted when applying for the card;

2) the card is counterfeit;

3) the driver uses a card that is not theirs;

4) the card is lost, destroyed or stolen;

5) the owner of the card no longer complies with the requirements provided for in subsections 132 (2) to (4) of this Act;

6) the owner of the card has submitted an application for the revocation of the card.

(2) Upon the issue of a new card to the holder, the previously issued card shall become invalid and shall be returned to the Road Administration.

[RT I, 17.03.2011, 1 – entry into force 01.07.2011]

§ 136. Use of the card

(1) In case of organising transportation with a power-driven vehicle which has a digital tachograph, the employer shall:

1) give assignments to the drivers who have a driver card;

2) regularly inspect the use of tachograph by the driver and the compliance of driving and rest time with the requirements.

(2) Driver of a power-driven vehicle with a digital tachograph:

1) shall store the card in a way that would preclude its falling into the hands of other persons;

2) shall not give his or her card to another person for use and shall ensure the correctness of the data;

3) shall comply with the requirements for working, driving and rest time of drivers;

4) shall enable access to the driver card data and digital tachograph to the employer and the persons specified in subsection 139 (1) of this Act for activities related to supervision;

5) shall submit the recording sheet of the tachograph, the driver card or other documents within the extent and on the conditions provided for in Article 15 of Council Regulation (EEC) No 3821/85;

6) shall inform the issuer of the card of the theft or loss of the card immediately upon becoming aware of the fact.

(3) Workshop shall:

1) use its card and recorded data for the intended purpose;

2) ensure in case of the repair of the digital tachograph the copying of the data, confirming the copied data with digital signature and storage thereof in electronic form for 12 months as a minimum after the arrival of the tachograph in the workshop;

3) ensure the availability of this data to the persons performing supervision;

4) issue a certificate to the employer, if upon accepting the digital tachograph for repair it becomes evident that the recorded data is lost;

5) remove from the vehicle or digital tachograph a device that enables to interfere with its operation.

§ 137. Storage of the data

(1) In case of organising transportation with a power-driven vehicle which has a digital tachograph, the employer shall:

1) store for at least 12 months the recorded data of the driving and rest time of drivers unchanged in electronic form, in printed form signed by the driver or temporarily on the recording sheets in case of using a mechanical tachograph;

2) shall comply with the requirements of section 12 of the Accounting Act in preserving the documents of record-keeping of the working time of drivers;

3) ensure the regular copying of information from the driver card at least every 28 days, from the vehicle at least every 90 days. If the contract of employment of the driver or another contract under the law of obligations expires or the vehicle is transferred or a digital tachograph is sent to a workshop for repair, the information shall be copied up to the date of expiration of the contract, transfer of the vehicle or the sending of the tachograph to the workshop;

4) to enable access to the information to the persons specified in subsection 139 (1) of this Act for the activities related to supervision.

(2) The employer may use the service of another undertaking or person with appropriate technical possibilities in archiving the electronically recorded information regarding the driving and rest time of drivers. The employer shall ensure the required storage of the information and the availability of the information to the persons performing supervision according to subsection 139 (1) of this Act.

§ 138. Special requirements for the calculation and payment of wages to the drivers of power-driven vehicles on road transport

In the calculation and payment of the wages of drivers of power-driven vehicles the requirements of Article 10 of Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp 1–14) shall be taken as the basis.

§ 139. Supervision over compliance with the requirements for working, driving and rest time of drivers of power-driven vehicles and payment of wages to the drivers

(1) Supervision over compliance with the requirements for working, driving and rest time of drivers of power-driven vehicles specified in section 130 of this Act by the undertaking shall be performed by the labour inspector and on the road by police officers, special constables or other persons authorised by law or other legal acts established on the basis of the law.

(2) Supervision over compliance with the requirements established for the payment to the drivers specified in section 138 of this Act shall be performed by the Labour Inspectorate under the conditions and pursuant to the procedure provided for in the Occupational Health and Safety Act.

(3) Follow-up inspection of a violation of the requirements for working, driving and rest time of drivers of power-driven vehicles ascertained on the road may be performed by the persons specified in subsection (1) of this section at the location of the undertaking using the power-driven vehicle.

(4) The labour inspector has the right to make a precept in case of a violation of the requirements for working, driving and rest time of drivers of power-driven vehicles and payment of wages to the drivers.

(5) The precept specified in subsection (4) of this section shall be made and any challenge submitted to the precept shall be settled pursuant to the procedure provided for in the Occupational Health and Safety Act.

(6) Upon failure to comply in due time with a precept specified in subsection (4) of this section, a penalty payment may be imposed by the labour inspector pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.

(7) The upper limit for a penalty payment specified in subsection (6) of this section is 640 euros for a natural person and 3200 euros for a legal person.

(8) Requirements for organisation of supervision over compliance with the requirements for working, driving and rest time of drivers of power-driven vehicles and payment of wages to the drivers shall be established by a regulation of the Government of the Republic.

Chapter 6

TRAM AND DRIVING A TRAM

§ 140. Technical requirements for trams and their trailers, requirements for the equipment thereof and inspection of their compliance with requirements

(1) Trams and their trailers and the equipment thereof must comply with the technical requirements established by legal acts. Trams and their trailers must be equipped as required.

(2) A roadworthiness test has to be performed on time for all trams and their trailers.

(3) During the roadworthiness test the compliance or non-compliance with the technical requirements of trams and their trailers is established and the date is set for the next roadworthiness test, after the expiry of which the vehicle is no longer deemed roadworthy.

(4) Roadworthiness testing of trams and their trailers is conducted by the Road Administration who also monitors compliance with requirements and the quality of testing.

(5) The technical requirements for trams and their trailers shall be established by the regulation of the Minister of Economic Affairs and Communications.

(6) The terms, conditions and policies for the roadworthiness testing of trams and their trailers, including the terms, conditions and policies for equipment testing, types of roadworthiness testing, deadlines for roadworthiness testing, list of documents to be produced at the roadworthiness testing and the requirements for the place and the performer of roadworthiness testing shall be established by the regulation of the Minister of Economic Affairs and Communications.

§ 141. Registration of trams and their trailers

(1) Trams and their trailers shall be registered and the registers thereof shall be maintained by their owners.

(2) A roadworthiness test has to be completed for all trams and their trailers prior to the registration. The technical expert assessment necessary for performing the roadworthiness testing shall be carried out by the Road Administration. The Road Administration may involve experts in the expert analysis. The costs of the expert analysis and the related procedures shall be covered by the manufacturer of the vehicle or product, official representative thereof or the importer.

(3) The Minister of Economic Affairs and Communications shall establish by regulation the procedure for the registration of trams and their trailers.

§ 142. Requirements to the drivers of trams

Persons who are 21 years old or older and who have the right to drive power-driven vehicles of category B and trams may drive a tram. Persons who are 20.5 years old and older and who have the right to drive power-driven vehicles of category B and whose right to drive has not been suspended, revoked or declared invalid or who have not been removed from driving may learn to drive a tram.

§ 143. Medical examination of a tram driver and applicant for the right to drive a tram

(1) The state of health of a tram driver and an applicant for the right to drive a tram shall comply with the health requirements established pursuant to subsection (7) of this section.

(2) The applicant for the right to drive a tram shall pass no sooner than six months before the start of the training of a tram driver, and a tram driver shall periodically pass a health examination to establish their state of health and suitability for driving a power-driven vehicle.

(3) A tram driver shall pass a health examination every ten years.

(4) A tram driver who is more than 50 years old shall pass a health examination every five years.

(5) Subsections 101 (5) to 101 (9) and 102 (2) to 102 (4) of this Act shall apply to the health examination of a tram driver and an applicant for the right to drive a tram.

(6) A tram driver or an applicant for the right to drive a tram shall pay for the health examination specified in subsection (2) of this section. The cost of medical examination may be paid for by an employer.

(7) The procedure for and the conditions of the health examination of a tram driver and an applicant for the right to drive a tram, the forms of health certificates and the health requirements, including medical contraindications in case of which it is not permitted to drive a tram shall be established by a regulation of the Government of the Republic.

(8) The Health Care Board shall exercise supervision over the health examination of a tram driver and an applicant for the right to drive a tram pursuant to the procedure provided for in the Health Services Organisation Act.

§ 144. Requirements for the trainer of tram drivers

Tram drivers are prepared by trainers corresponding to the requirements specified in subsection 112 (1) of this Act and with the right to train drivers of power-driven vehicles of category B, C or D.

§ 145. Requirements to driving trams

(1) Right to drive trams is granted by the Road Administration.

(2) When driving a tram, a tram driver shall carry a driving licence and the registration certificate of the tram.

(3) The right to drive trams shall be withdrawn, revoked and restored pursuant to the provisions concerning withdrawal, revocation and restoration of the right to drive power-driven vehicles.

(4) The qualification requirements of tram drivers, and the procedure for the preparation, examination and granting the right to drive a tram to tram drivers are established by the regulation of the Minister of Economic Affairs and Communications.

§ 146. Prohibition on driving trams

(1) A person shall not drive a tram if:

1) he or she does not have the right to drive power-driven vehicles and trams of category B;

2) he or she does not meet the requirements laid down for the tram driver and the tram and those specified on the driving licence or

3) he or she has been removed from driving a vehicle pursuant to section 91 of this Act.

(2) The owner, possessor or driver of a tram shall not permit a person who does not have the right to drive power-driven vehicles and trams of category B, who is in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or whose state of health is hazardous to road safety to drive the tram and shall not entrust the driving of the tram to such a person.

(3) Tram driver shall not be in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or in a state of health hazardous to road safety.

(4) The state specified in subsection (3) of this section shall be ascertained pursuant to the procedure specified in sections 69 and 70 of this Act.

(5) The form of expert assessment for ascertaining the state of health of a tram driver hazardous to road safety shall be established by a regulation of the Government of the Republic.

§ 147. Removal from driving a tram

(1) A tram driver shall be removed from driving a tram if:

1) there is sufficient reason to believe that he or she has used narcotic drugs or psychotropic substances;

2) there is sufficient reason to believe that the tram driver is in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or in a state of health hazardous to road safety;

3) he or she does not have the right to drive trams;

4) he or she does not have the right to use the tram;

5) it is prohibited to continue the journey with the tram due to a failure of the tram, the level of pollutants in its exhaust emissions, its noise level or some other deficiency;

6) his or her driving licence is sent for expert assessment when signs of falsification are evident or

7) there is sufficient reason to believe that his or her state of health does not comply with the established requirements.

(2) The decision of removal from driving shall set out the following:

1) the date and place of making the decision;

2) the name and address of the agency of the official that made the decision;

3) the position, given name and surname of the official who made the decision;

4) the given name and surname and the personal identification code or date of birth of the tram driver;

5) the address of the tram driver;

6) the type, model and registration number of the tram;

7) the grounds for the removal from driving a tram specified in clauses (1) 1) to (1) 7) of this section, the time it commences and the conditions for its termination;

8) the signature of the person who prepares the decision.

(3) The decision on removal from driving is effective from the moment of its adoption.

(4) The decision on removal from driving shall be prepared in two original copies, one of which shall be given to the tram driver. The second copy of the decision shall be signed and dated by the tram driver to confirm receipt. If the tram driver refuses to sign the decision or is in intoxicated state or has a medical condition which makes him or her unable to sign, the respective note shall be made in the decision of removal from driving a vehicle.

Chapter 7

CYCLISTS AND DRIVERS OF MINI MOPEDS

§ 148. Requirements for cyclists and drivers of mini mopeds

(1) A person of 10 years of age or older who has acquired the qualification of a cyclist may independently cycle on a carriageway. Persons from 10 to 15 years of age shall hold a corresponding driving licence when cycling or driving on a carriageway. A person of 8 years of age or older may cycle on a carriageway only under the direct supervision of his or her legal representative or, with the consent of the latter, under the supervision of another adult.

(2) A person of 14 years of age or older may drive a mini moped. A driver of mini moped at the age of 14 or 15 years shall hold a cycling driving licence.

(3) The qualification of a driver of a mini moped shall correspond to the qualification of a cyclist.

(4) The requirements for the qualification of a cyclist shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 149. Requirements for trainers of cyclists and drivers of mini mopeds

(1) Cyclist training shall be provided by and road safety taught by pre-school child care institutions, basic schools, upper secondary schools, vocational schools, hobby schools, trainers possessing the permit for training drivers of power-driven vehicles and organisations whose statutory activities include cyclist training.

(2) Cyclists may be individually trained by parents.

(3) Cyclist’s trainer shall possess a driving licence of any power-driven vehicle.

(4) Training of cyclists and drivers of mini mopeds shall be carried out on a required study field and with the required study aids.

(5) The procedure for the preparation of cyclists and drivers of mini mopeds and the requirements for the study aids and study fields shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 150. Examination of cyclists and drivers of mini mopeds

(1) Basic schools, upper secondary schools, hobby schools, thd Police and Border Guard Board, instructors holding a permit for training drivers of power-driven vehicles and the Road Administration have the right to examine cyclists.

[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

(2) An applicant for the cyclist driving licence shall have to successfully pass a theory test and a driving test.

(3) The procedure for examining cyclists and drivers of mini mopeds shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 151. Requirements for issuing driving licences for cyclists and drivers of mini mopeds

(1) Cyclist driving licences are issued by and the records thereof are maintained by the authorities specified in subsection 150 (1) of this Act.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(2) The Road Administration shall organise printing and issuing of cyclist driving licences and shall maintain the record-keeping thereof.

(3) Cyclist driving licence may be applied for by a person who:

1) has passed the preparation pursuant to subsection 149 (5) of this Act;

2) has participated in an official competition containing the requirements established by the regulation specified in subsection 149 (5) of this Act and received a written confirmation that he or she corresponds to the requirements for receiving cyclist driving licence, or

3) has on his or her own initiative prepared for the exam under the guidance of a parent, a teacher of a driver of a power-driven vehicle or a driving practice instructor.

(4) Mini moped driving licence may be applied for by a person who has received the preparation specified in subsection 149 (5) of this Act.

(5) An applicant for a driving licence up to the age of 15 shall have the written consent of his or her legal representative for obtaining cyclist driving licence or mini moped driving licence.

(6) The procedure for issuing cyclist and mini moped driving licences and the form for the cyclist driving licence shall be established by a regulation of the Minister of Economic Affairs and Communications.

Chapter 8

OFF-ROAD VEHICLE TRAFFIC MANAGEMENT AND DRIVING OFF-ROAD VEHICLES

§ 152. The purpose of off-road vehicle traffic management

The purpose of off-road vehicle traffic management is to prevent causing damage to the environment and to possessors of land and to ensure traffic safety.

§ 153. Off-road vehicle traffic

(1) Off-road vehicles may be driven or parked off-road, except in the limited management zone of shores and banks, only with the permission of the owner or possessor of land. In the limited management zones of shores and banks, off-road vehicles may be driven and parked pursuant to the procedure specified in the Nature Conservation Act.

(2) Off-road vehicle traffic in protected areas and species protection sites is regulated by the protection rules.

(3) Each local government has the right to establish additional requirements for off-road vehicle traffic in the territory of the municipality.

(4) The permission specified in subsection (1) of this section is not required:

1) from police and customs officials who are performing their duties;

2) if a sick person is being taken to hospital;

3) from persons involved in rescue work;

4) in other cases related to the performance of duties (such as the provision of repair and maintenance services for power and communication lines or other similar activities).

§ 154. Prohibitions for off-road vehicle traffic

(1) It is forbidden to drive off-road vehicles on roads, except for crossing of rivers, roads and other obstacles and on roads covered with snow which are temporarily inaccessible for power-driven vehicles and on roads where it is permitted by relevant traffic control devices.

(2) Off-road vehicles can be used to cross roads, provided that the road is sufficiently visible in both directions, the crossing does not constitute a hazard for traffic on the road and the road is crossed by the shortest possible way. When driving on the road the off-road vehicle driver shall give way to other traffic.

(3) The traffic prohibition specified in subsection (1) of this section shall not apply in the cases specified in subsection 153 (4) of this Act.

§ 155. Traffic management of off-road vehicles and obligation to give way

(1) The right-hand rule of the road applies to off-road vehicular traffic.

(2) If the routes of off-road vehicles cross, a driver of off-road vehicle shall give way to any off-road vehicle driver who approaches from the right-hand side or is on the right-hand side.

(3) Off-road vehicle driver may not force other traffic to change the direction or speed of driving when starting to drive or manoeuvring. Off-road vehicle driver who is required to give way shall demonstrate this clearly by reducing speed or coming to a gradual halt.

§ 156. Environmental protection requirements for off-road vehicle traffic

Off-road vehicle driver and passenger shall observe the environmental protection requirements specified in section 13 of this Act and may not damage, pollute or otherwise contaminate the areas used for traffic.

§ 157. Technical requirements for off-road vehicles and requirements for the equipment thereof and inspection of their compliance with the requirements

(1) Off-road vehicles and equipment thereof shall comply with the technical requirements established by legal acts. Off-road vehicles shall be equipped as required.

(2) Roadworthiness testing of off-road vehicles prior to registration is conducted by the Road Administration who also monitors compliance with requirements and the quality of testing.

(3) The technical requirements for off-road vehicles and requirements for the equipment thereof shall be established by a regulation of the Minister of Economic Affairs and Communications.

(4) The terms, conditions and procedure for the roadworthiness testing of off-road vehicles, including the terms, conditions and procedure for equipment testing, types of roadworthiness testing and the list of documents to be produced at the roadworthiness testing shall be established by the regulation of the Minister of Economic Affairs and Communications.

§ 158. Registration of off-road vehicles

(1) Off-road vehicles shall be registered pursuant to the established procedure and shall bear state registration plates.

(2) Off-road vehicles shall be registered within five working days after starting to use the vehicle in Estonia.

(3) If the owner of the off-road vehicle is a natural person who is not a citizen of Estonia or a legal person who is not registered in Estonia pursuant to legislation, a representative of a legal person of the off-road vehicle owner, which has been registered in Estonia, or a natural person permanently residing in Estonia with the citizenship of Estonia or a residence permit shall be entered into the traffic register as an authorised user.

(4) A roadworthiness test has to be completed for off-road vehicles prior to the registration of off-road vehicles. The technical expert assessment necessary for performing the roadworthiness testing shall be carried out by the Road Administration. The Road Administration may include experts in the expert assessment. Costs of the expert assessment and the related procedures are covered by the manufacturer of the vehicle or product, official representative thereof or the importer.

(5) Off-road vehicles are registered and the registration plates and certificates thereof are issued by the Road Administration.

(6) The list of off-road vehicles subject to registration shall be established by the Minister of Economic Affairs and Communications.

(7) The terms, conditions and procedure for registration of off-road vehicles, including the list of data and documents required for registration, and the requirements for state registration plates and vehicle signs shall be established by a regulation of the Minister of Economic Affairs and Communications.

(8) A state fee shall be paid for making the entries related to the registration of off-road vehicles in the Traffic Register.

§ 159. Refusal to register off-road vehicles, amendments to register data and deletions from the register

(1) The registration of off-road vehicles or performance of a register act is refused, if:

1) no documents or data necessary for registration have been presented;

2) off-road vehicle does not meet the established requirements, or

3) off-road vehicle is made up of spare parts.

(2) In order to amend register data, the owners, their representatives or other entitled persons of off-road vehicles shall submit a valid application to the Road Administration within five working days of the change in information.

(3) If vehicle data is amended, off-road vehicle shall be presented to the Road Administration for amending the register data.

(4) Off-road vehicle shall be deleted from the register:

1) based on an application from the owner or a representative thereof;

2) in other cases specified by legislation.

(5) Off-road vehicles which have been seized, pledged, are under restriction of transfer or declared wanted by the police shall not be deleted from the register.

(6) In the case of a transfer, change of user or deletion from the register of off-road vehicle which is encumbered with a restriction on transfer, a written consent of the person who imposed the restriction shall be submitted.

§ 160. Right to drive off-road vehicles

(1) Persons who have the right to drive power-driven vehicles of any category may drive off-road vehicles.

(2) When driving an off-road vehicle, a driver shall carry a driving licence and the registration certificate of the off-road vehicle.

§ 161. General duties of off-road vehicle drivers

(1) Off-road vehicle drivers shall be obliged to:

1) ascertain before driving that off-road vehicle is roadworthy, and observe the same during the drive;

2) drive holding the driving device (handle bar, wheel or similar) with two hands, except when giving a warning signal by hand;

3) wear a strapped motorcycle helmet and not to drive a passenger who does not wear a strapped motorcycle helmet.

(2) Off-road vehicle driver shall carry and, at the request of a police officer or other person who has respective competence arising from the law, present the following:

1) the document certifying his or her right to drive;

2) registration certificate of off-road vehicle.

(3) Off-road vehicle driver has the right to request the inspector to show his or her professional certificate or other document certifying his or her competence and to take any notes from the document.

(4) The owner, possessor or driver of off-road vehicle shall not permit a person who does not have the right to drive off-road vehicles or who does not meet the requirements specified in subsection (5) of this section to drive the off-road vehicle and shall not entrust the driving of the off-road vehicle to such a person.

(5) Off-road vehicle driver shall not be in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or in a state of health hazardous to road safety.

(6) The state specified in subsection (5) of this section or a state of intoxication shall be ascertained pursuant to the procedure specified in sections 69 and 70 of this Act.

§ 162. Signals given by off-road vehicle drivers

(1) Off-road vehicle driver shall give a turn signal pursuant to the provision of subsection 39 (2) of this Act.

(2) Audible warning signal may only be used in the case of a hazard to attract the attention of road users.

(3) Giving of a warning signal shall not grant the off-road vehicle driver the right of way.

§ 163. Use of lamps of off-road vehicles

On a moving off-road vehicle dipped-beam headlamps or main-beam headlamps and rear light shall be lit.

§ 164. Speed of off-road vehicles

(1) Off-road vehicle driver shall adapt the speed of his or her vehicle to his or her driving experience, the landscape, the state of off-road vehicle, the peculiarities of any goods carried, the weather conditions and other traffic conditions to be able to stop the vehicle within the area visible in front and without hitting any obstacle which can reasonably be expected. Off-road vehicle driver shall reduce the speed and, if necessary, stop if the conditions so require, especially if visibility is inadequate.

(2) Off-road vehicle drivers shall not exceed the maximum speed designated by the manufacturer of off-road vehicle.

(3) In the case specified in subsection 154 (1) of this Act, when driving on the road, off-road vehicle cannot be driven faster than 50 kilometres per hour.

§ 165. Driving off-road vehicle on a body of water covered with ice

Driving off-road vehicle on a body of water covered with ice is regulated pursuant to the procedure provided for in the Water Act.

Chapter 9

ENSURING OF ROAD MOBILITY FOR PHYSICALLY DISABLED AND BLIND PEOPLE

§ 166. Organisation of road mobility for physically disabled and blind people and parking for vehicles servicing such people

Road mobility for physically disabled or blind people, parking for vehicles servicing such people and parking for vehicles driven by physically disabled people shall be organised by local governments.

§ 167. A parking card of a vehicle servicing a physically disabled and blind person

(1) In order to ensure road mobility for a physically disabled or blind person, a parking card for a vehicle servicing a physically disabled and blind person shall be issued to him or her pursuant to the procedure established on the basis of subsection (4) of this section.

(2) A parking card of a vehicle servicing a physically disabled or blind person is a parking card established pursuant to subsection (4) of this section or a parking card of a vehicle servicing a physically disabled or blind person issued by the competent authority of a contracting state to additional European agreement of the 1968 Convention on Road Traffic.

(3) The form of parking cards for vehicles servicing physically disabled or blind people and the conditions for the issue thereof shall be established by a regulation of the Minister of Social Affairs.

(4) The parking cards for vehicles servicing physically disabled or blind people shall be issued by local government.

Chapter 10

TRAFFIC ACCIDENT

§ 168. General duty to assist

(1) Every road user or driver is required to assist at the site of traffic accident according to their skills any person who is in need of assistance due to a traffic accident and to inform the alarm centre immediately of such persons.

(2) If informing the alarm centre of people who are in need of assistance due to a traffic accident is not possible at the site of traffic accident and a helper cannot be left with the victim, but also if the injuries of people who are in need of assistance due to a traffic accident do not require transporting them to a hospital in an ambulance, the driver shall transport the victim to the nearest hospital in the safest manner possible.

(3) A road user or driver shall stay with people who are in need of assistance due to a traffic accident, if it is safe, until the arrival of ambulance, police or rescue service unit. If a victim is transported to a hospital pursuant to the procedure provided for in subsection (2) of this section, the road user or driver shall at the request of the driver or victim assist the driver in transporting the victim to the hospital, including being the escort, if it is safe.

§ 169. Behaviour of driver in the event of traffic accident

(1) In the event of a traffic accident, all drivers involved shall:

1) stop as quickly as possible, without causing an additional hazard thereby, and switch on the hazard warning lights. If the vehicle has no hazard warning lights or if a vehicle involved in a traffic accident is located at a place where the visibility is bad or limited, a warning triangle shall be placed on the road pursuant to subsection 39 (9) of this Act;

2) ensure traffic safety as much as possible at the site of the accident;

3) present a personal identification document at the request of another driver involved in a traffic accident.

(2) If people have been injured or killed in a traffic accident, a driver shall:

1) if actions specified in clauses (1) 1) and (1) 2) of this section have not been performed at the site of the traffic accident, mark the site with a warning triangle pursuant to subsection 39 (9) of this Act and ensure traffic safety at the site of the accident as much as possible;

2) inform the alarm centre of the traffic accident and act pursuant to the instructions received from there;

3) provide first aid to people in need of medical care within the extent of their skills;

4) write down the names and addresses of eye witnesses upon their consent.

(3) If the driver has fulfilled the requirements specified in subsection (2) of this section but it is not possible to inform the alarm centre from the site and he or she cannot arrange the transportation of the victim to a hospital with an ambulance, he or she shall transport the victim to a hospital, provided transportation does not constitute a risk for the victim. The driver transporting the victim shall inform the person at the hospital accepting the victim of his or her name, contact information and vehicle number and return immediately to the site of the traffic accident.

(4) It is not required to report a traffic accident to the police if all the following requirements are met:

1) people were not injured in the traffic accident or the people involved in the traffic accident themselves do not require their health to be examined;

2) the drivers or driver involved in the traffic accident and the person(s) who sustained damage agree as to liability upon assessment of the reasons for the incident;

3) the data of all people involved in the traffic accident have been recorded in a manner enabling later identification;

4) person responsible for causing proprietary damage is named;

5) the driver(s) involved in the traffic accident and the person(s) who sustained damage have recorded the circumstances listed in clauses 2) to 4) in writing and have signed the report.

(5) In the case of a disagreement, if the person(s) who sustained damage is (are) not known, the person causing proprietary damage is not at the site of traffic accident or proprietary damage occurred as a result of hitting an animal or avoiding it, the police shall immediately be informed of the traffic accident and measures shall be taken according to the orders received from the police. If due to hitting large game in the meaning of the Hunting Act no proprietary damage has been caused but the large game has been injured or killed, the alarm centre shall be informed and measures shall be taken according to the orders received from them.

(6) Vehicles or objects involved in a traffic accident may only be moved before the police arrive at the site of traffic accident if the victim is transported to the hospital or the accident has rendered other vehicular traffic impossible and if the position and traces of the vehicles and objects have been marked beforehand in the presence of witnesses.

(7) A driver involved in a traffic accident may not consume alcohol and other substances causing narcotic or psychotropic intoxication, until the police have ascertained the circumstances of the traffic accident at the site of the traffic accident, except for medicine containing narcotic or psychotropic substances administered at the site of the event by the paramedics rendering first aid or by the orders of another health professional in the form of emergence care.

§ 170. Rescue operations

(1) Rescue work at the scene of a traffic accident shall be conducted by the Rescue Board pursuant to the Rescue Act.

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(2) Ambulance team shall provide medical care at the site of a traffic accident pursuant to the Health Care Services Organisation Act.

(3) Transportation of the deceased from the site of a traffic accident shall be organised by the police.

(4) If the driver of a vehicle is killed in a traffic accident or is taken to a hospital due to his or her injury, the transportation of the vehicle from the site of the traffic accident shall be arranged and the preservation thereof shall be ensured by the police.

§ 171. Identification of circumstances of and keeping records on traffic accidents

(1) Traffic accidents are registered by:

1) the Police and Border Guard Board;

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2) insurer engaged in traffic insurance or the Estonian Traffic Insurance Fund;

3) provider of healthcare services operating on the basis of an activity licence;

4) family physician operating on the basis of a practice list.

(2) The procedure for informing of a traffic accident and for the registration, formalisation, identification of circumstances and keeping of records on traffic accidents shall be established by a regulation of the Government of the Republic.

§ 172. Expert committee

(1) The Minister of Economic Affairs and Communications may set up expert committees in order to ascertain and generalise the causes of traffic accidents and to develop proposals for ensuring road traffic safety.

(2) An expert committee has the right to examine materials prepared on a traffic accident, ascertain the circumstances of the traffic accident, prepare generalisations, and make proposals for the improvement of road traffic safety, elimination of the causes and mitigation of the consequences of traffic accidents.

Chapter 11

TRAFFIC REGISTER AND REGISTER FOR THE VEHICLES OF THE DEFENCE FORCES OF ESTONIA AND THE NATIONAL DEFENCE LEAGUE

§ 173. Traffic Register

(1) The traffic register is a database established by the Government of the Republic with the aim of maintaining records on vehicles, ships with the total length of less than 12 metres and personal watercraft, driving licences and other documents certifying the right to drive, digital tachograph cards, professional training of the drivers and registered securities over movables.

(2) The statutes for the maintenance of the traffic register shall be approved by a regulation of the Government of the Republic.

(3) The responsible processor of the traffic register is the Road Administration (hereinafter registrar).

§ 174. Databases of the Traffic Register

(1) The traffic register is composed of:

1) the vehicle database;

2) database of recreational craft, ships with the total length of less than 12 metres and personal watercraft;

3) database of driving licences and other documents certifying the right to drive;

4) database of certificates of skippers of recreational craft and operators of personal watercraft;

5) database of cards of digital tachographs;

6) database of professional training of drivers.

(2) In the vehicle database, records shall be maintained on power-driven vehicles, trailers and off-road vehicles specified in section 158 of this Act, registered in Estonia, the owners and authorised users thereof, and restrictions on the use and disposal of the vehicles and registered securities over movables.

(3) In the database of recreational craft, ships with the total length of less than 12 metres and personal watercraft, records shall be maintained on recreational craft, ships with the total length of less than 12 metres and personal watercraft complying with the requirements of the Maritime Safety Act, registered in Estonia, the owners and authorised users thereof, and restrictions on the use and disposal thereof.

(4) In the database of driving licences and other documents certifying the right to drive, records shall be maintained on the grant, suspension, withdrawal, revocation and restoration of the right to drive, as well as driving licences issued in Estonia and other documents certifying the right to drive.

(5) In the database of certificates of skippers of recreational craft and operators of personal watercraft, records shall be maintained on the grant, suspension, withdrawal, revocation and restoration of the right to drive, and also documents certifying the right to drive issued in Estonia.

(6) In the database of digital tachograph cards, records shall be maintained on the grant, suspension, withdrawal, revocation and restoration of driver cards and workshop cards, as well as the grant and revocation of control cards and company cards.

(7) In the database of professional training of drivers, records shall be maintained on the professional training of the drivers pursuant to the Road Transport Act.

§ 175. Persons submitting information to traffic register

(1) The following persons shall submit information to the traffic register:

1) owners of vehicle, recreational craft, ship with the total length of less than 12 metres or personal watercraft or representatives thereof;

2) applicants for the right to drive or a driving licence;

3) administrative agencies or courts upon suspension or withdrawal and revocation of the right to drive;

4) persons entitled to apply restrictions on disposal;

5) trainers of drivers of power-driven vehicles upon the submission of study groups and lists of trainees who have completed the training;

6) trainers of trainers of drivers of power-driven vehicles upon the submission of lists of trainees who have completed the trainer training for drivers of power-driven vehicles;

7) training and examination agencies for skippers of recreational craft and operators of personal watercraft;

8) performers of roadworthiness testing of vehicles, recreational craft, ships with the total length of less than 12 metres or personal watercraft;

9) examiners of the state of health of the drivers;

10) applicants for the digital tachograph card or representatives thereof;

11) applicants for the professional training certificate or representatives thereof;

12) applicants for the certificates of skippers of recreational craft or operators of personal watercraft;

13) competent authorities of the member states of the European Union or the European Economic Area;

14) responsible processor of the Motor Third Party Liability Insurance Register on the data of the vehicles and trailers destroyed due to insurance cases of traffic insurance and vehicle insurance entered into the Motor Third Party Liability Insurance Register;

15) other agencies and persons on grounds arising from legal acts.

(2) In order to perform the functions prescribed in this Act, the registrar has the right to submit inquiries and receive information from the penal register, the population register and other state or local government databases.

(3) The persons submitting information specified in subsection (1) of this section are obliged to submit truthful information on the conditions and pursuant to the procedure provided for in legal acts. If a registrar doubts the accuracy of the documents submitted by the person submitting information specified in subsection (1), the registrar shall have the right to confiscate the documents and submit them to the competent state authority for inspection.

(4) The registrar has the right to take biometric data and process these in the course of the proceedings related to the application and issue of the documents certifying the right to drive. For the purposes of this Act, biometric data are the face image, fingerprint images, signature or signature image and eye iris images.

(5) An agency, a body conducting extra-judicial proceedings or a court which has made a decision on the withdrawal of the right to drive a vehicle or tram from a person, shall send a copy of the decision or submit the data in electronic form to the registrar at the latest on the working day following the entry into force of the decision.

(6) The examiner of the state of health of a driver shall send the data of the health certificate of a driver to the registrar by the end of the next working day at the latest.

§ 176. Information entered in the register on registered securities over movables

The following information shall be entered in the register on registered securities over movables:

1) name and date of birth of the pledgee, registry code of a legal person. Indication of registry code is not obligatory if a person is not subject to entering into a public register;

2) the monetary value of the registered security over movables;

3) the ranking of the registered security over movables;

4) other information specified by the law.

§ 177. Making an entry on registered securities over movables

(1) An entry shall be made in the traffic register on the registered security over movables on the basis of a written application of the person entered in the traffic register as the owner of the vehicle, to which the written agreement on establishing the registered security over movables has been added.

(2) The person entered in the traffic register as the owner may withdraw the application until a ruling on entry has been made on it. For withdrawing the application an application in the same form with the original application shall be made to the registrar, indicating the reason for withdrawing the application.

(3) A state fee is payable for making, amending and deleting an entry on the registered security over movables.

§ 178. Presumption of accuracy of the information entered on registered securities over movables

(1) The information entered on registered securities over movables is presumed accurate.

(2) When an entry concerning a registered security over movables is deleted from the register, the right of security is presumed terminated.

§ 179. Ruling on entry of registered securities over movables

(1) The application on the registered securities over movables shall be settled by a ruling on entry and an entry shall be made on the basis thereof.

(2) If there is a deficiency in the application which prevents making the entry or if a necessary document is missing and the deficiency can obviously be eliminated, the registrar shall set a term for the elimination of the deficiency. If the deficiency is not eliminated by the expiry of the term, the registrar shall deny the application by the ruling on entry.

(3) If the entry application is satisfied completely, an entry shall be made in the register without drafting a separate ruling on entry. In such a case, the content of the entry is considered the ruling on entry.

(4) If the registrar satisfies the application partially, he or she shall make an entry on the satisfied part and a ruling on entry on denying the remaining part.

§ 180. Making an entry of registered securities over movables

A ruling on entry shall be performed and the entry made immediately, unless otherwise provided for by the law.

§ 181. Filing an appeal on the ruling on entry of the registered securities over movables

(1) A concerned person can file an appeal on a ruling on entry by which an entry application was denied or partially satisfied, as well as a ruling by which the term for eliminating deficiencies was set for a longer period than six months.

(2) The appeal shall be filed with the registrar in writing within 15 days from the delivery of the ruling, but not later than within 5 months from making the ruling on entry.

§ 182. Proceeding an appeal

(1) The registrar shall decide on the proceeding of the appeal immediately after the receipt of the appeal. The registrar shall verify whether it is permitted to file an appeal pursuant to the law and whether the appeal has been filed pursuant to the requirements provided for by the law and within the required term.

(2) The appeal shall comply with the requirements of filing an appeal to the circuit court provided for in the Code of Civil Procedure.

(3) The registrar shall not have to record proceeding the appeal separately nor notify it separately.

(4) An appeal may be filed against a ruling by which acceptance of an appeal is refused. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal.

(5) If the registrar finds the appeal justified, he or she shall satisfy the appeal by a ruling. If the registrar finds that the appeal can be satisfied only partially, he or she shall not satisfy the appeal.

(6) If the registrar shall not satisfy the appeal within five days, he or she shall immediately submit it together with the annexes and related proceeding documents to the county court of the location of the registrar for review and settlement. No separate ruling shall be made on denying the appeal nor shall it be forwarded to the parties of the proceedings.

(7) The county court shall review the appeal submitted by the registrar, applying the provisions of the Code of Civil Procedure applicable to an appeal.

§ 183. Amending an incorrect entry on registered securities over movables

(1) The registrar shall correct the spelling mistakes of no legal significance at its own initiative.

(2) The registrar shall amend the entry, if the ruling on entry serving as the basis for the entry has been revoked or amended.

§ 184. Access to information entered in traffic register

(1) The extent of enabling access to information entered in traffic register and restrictions to access shall be provided for by the law.

(2) Every person has the right to access any and all information in the register which relates to them.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) The information entered in the traffic register is public, expect for:

1) the data of natural and legal persons;

2) the number of the registration certificate;

3) the registration number;

4) identification number (VIN-, TIN-, HIN- and CIN-code);

5) information related to the health certificate and exams.

(4) In case of justified legitimate interest the information with restricted access specified in subsection (3) of this section may be released to third persons. The justified legitimate interest shall be ascertained and the release decided by the Road Administration.

(5) State and local government agencies, notaries, bailiffs and the Estonian Traffic Insurance Fund specified in the Motor Third Party Liability Insurance Act have the right to access information which is necessary for the performance of their functions provided for in the law. Persons performing public duties on the basis of an administrative contract with the state or local government have the right to access information which is necessary for them to perform their public duties.

(6) The insurers dealing with motor third party liability insurance and power-driven vehicle insurance have access to the data in the databases of the traffic register specified in clauses 174 (1) 1) and 174 (1) 3) of this Act for the provision of insurance service. For the provision of insurance service the insurer has the right to process the personal data of the data subject (customer) without the consent thereof for assessing the insurance risk, concluding insurance contracts and with the purpose of fulfilling the insurance contract and guaranteeing the fulfilment thereof.

(7) The data on the restrictions set on the use and disposal of the power-driven vehicles, trailers, off-road vehicles, recreational craft, ships with an overall length of less than 12 metres and personal watercraft registered in Estonia is public.

(8) The registered securities over movables information entered in the traffic register on a vehicle is public. For seeing the information on the registered securities over movables, knowledge of the registration number of the vehicle or the name of the person entered in the traffic register as the owner of the vehicle is sufficient. No-one is excused with not knowing the information on registered securities over movables entered in the traffic register.

(9) A state agency of a foreign country has in case of justified interest the right to access the personal data entered in the traffic register, if the European Commission has assessed the level of protection of personal data of the corresponding state sufficient. The release of the data is decided by the responsible processor of the traffic register.

(10) An application submitted via the website of the Road Administration for issuing the electronic data on the make, model, date of initial registration or year of manufacturing, restrictions of a vehicle or watercraft that has been entered in the traffic register, validity of the driving licence, existence of the right to drive or validity of the roadworthiness test is treated as a simple inquiry.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(11) The application submitted via the website of the Road Administration for issuing electronic information, which has not been specified in subsection (10) of this section from the traffic register, is regarded as an extended inquiry.

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(12) The data of the traffic register shall be issued on the basis of the inquiries specified in subsections (10) and (11) of this section, another one-off request or a contract made between the Road Administration and the respective person. A state fee is payable for the issue of data not specified in subsection (10) of this section on the basis of a document of the data of the traffic register or extended information or another one-off request.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(13) The procedure for accessing the electronic data of the traffic register shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 185. Register of vehicles belonging to the Defence Forces of Estonia and the National Defence League

(1) On the power-driven vehicles and trailers thereof, including off-road vehicles and trailers thereof and tractors, mobile machinery and trailers thereof in the use of the Defence Forces of Estonia and the National Defence League, which are not entered in the traffic register, records shall be maintained in the register of vehicles belonging to the Defence Forces of Estonia and the National Defence League.

(2) The register of vehicles belonging to the Defence Forces of Estonia and the National Defence League is a database, which is established by and the statutes for maintaining which are established by the Minister of Defence.

(3) The responsible processor of the register of vehicles belonging to the Defence Forces of Estonia and the National Defence League is the Ministry of Defence.

Chapter 12

ORGANISATION OF PARKING

§ 186. Organisation of parking

(1) Parking shall be organised in such a manner which does not disturb or endanger traffic or disturb people in residential areas as a result of power-driven vehicle exhaust gases and noise.

(2) A road owner or a person responsible for road management who organises parking may have a vehicle which is parked in such a way that it disturbs or endangers traffic relocated to a guarded storage facility under the conditions and pursuant to the procedure specified in section 92 of this Act.

(3) A road owner or a person responsible for the organisation of road management who organises parking may use a traffic sign indicating the seizing of vehicles to mark an area for safety reasons or for avoiding a threat caused to public interest.

(4) Parking shall be organised by the road owner or a person responsible for the organisation of road management by means of road signs, road markings and other traffic control devices.

(5) A road owner or a person responsible for the organisation of road management may charge a fee for parking. Paid parking in the public parking areas of municipalities shall be organised pursuant to the provisions of sections 187 to 190 of this Act.

§ 187. Parking charge

(1) Local governments may establish paid parking areas in their public parking areas, within the boundaries of which drivers of power-driven vehicles are required to pay parking charges for their power-driven vehicles and trailers thereof.

(2) A local government shall establish by regulation:

1) paid parking areas;

2) the rate or differentiated rates of parking charges;

3) benefits applicable in payment of parking charges and cases of exemption from payment thereof.

(3) The rural municipality or city government shall organise parking in the paid parking areas of the respective municipality. The local government may assign, on the basis of a public law contract, the monitoring of parking and of payment of parking charges, and imposition of fines for delay, the forwarding of the third copy of the decision of fine for delay and the submission of the decision of fine for delay for compulsory execution specified in section 188 of this Act to a legal person in private law. A legal person in private law shall participate in the procedure through its employees to whom the provisions concerning officials provided by this Act extend.

(4) Driver of power-driven vehicles and trailers thereof shall pay parking charges before or directly after parking commences. After the driver of a power-driven vehicle has displayed the time when parking commences in writing or on a parking clock, the obligation to pay the parking charge arises after 15 minutes as of the time when parking commences unless the local government council has established a longer term.

(5) The document proving the right of parking shall be placed on the front windscreen or dashboard of the power-driven vehicle in such a manner that the paid parking time or validity of the document could be ascertained from outside the power-driven vehicle. In case of parking a trailer the document proving the right of parking shall be placed on the drawbar so that the paid parking time or validity of the document could be ascertained. The placement of parking cards for vehicles servicing physically disabled or blind people shall take place pursuant to the provisions of subsection 68 (1) of this Act.

(6) Parking charges are paid to the budget of local government which established the charges.

§ 188. Fine for delay

(1) A parking monitor shall make a decision to impose a fine for delay (hereinafter decision on imposition of fine for delay), if:

1) the parking charge is unpaid or is paid at a lower rate;

2) paid parking time has been exceeded;

3) the document proving the right to paid parking has not been filled in correctly, or

4) the document proving the right to paid parking has not been placed pursuant to the provisions of subsection 187 (5) of this Act.

(2) A fine for delay shall be paid by the owner of the power-driven vehicle or trailer thereof. If an authorised user of a power-driven vehicle or trailer thereof has been entered in the traffic register, a fine for delay shall be paid by that authorised user.

(3) A decision on imposition of fine for delay shall be prepared in three original copies of which the first shall remain with the parking monitor, the second shall be given to the driver of the power-driven vehicle or a user of the trailer thereof or affixed to the vehicle and trailer thereof in a weatherproof envelope at a place where it is clearly visible and the third shall be delivered to the owner or user of the vehicle and trailer thereof within five days to the e-mail address which the person specified in subsection (2) of this section has notified to the traffic register, traffic insurance register or population register. If the recipient shall not within five days from sending the decision on imposition of fine for delay transmitted electronically confirm receipt or if the e-mail address thereof is not known, the provisions of Chapter 4 of the Taxation Act shall apply to the delivery after the fine for delay has not been paid by the term specified on the decision on imposition of fine for delay given to the driver of power-driven vehicle or user of trailer thereof or affixed to the power-driven vehicle or trailer thereof.

(4) A decision on imposition of fine for delay shall set out:

1) the given name, surname and official title of the official who prepared the decision;

2) the name and contact details of the agency in whose name the decision is made;

3) if the decision is made by an employee of a legal person in private law, the name, registry code and contact details of the legal person in private law;

4) the place, date and time of making the decision;

5) the type, make and registration number of the power-driven vehicle or its trailer;

6) a short description of the circumstances which were the bases for making the decision;

7) the legal basis for making the decision;

8) imposed fine for delay;

9) the term for payment of the fine for delay;

10) a notice communicating the fact that the decision shall be delivered to the address of the owner or user of the power-driven vehicle;

11) a warning concerning the commencement of compulsory execution in case of failure to comply with the decision;

12) the possibility and term of, and procedure for contesting the decision.

(5) The decision on fine for delay, which is delivered to the owner or user of a motor vehicle or its trailer, shall specify in addition to the information provided in subsection (4) of this section also the name, personal identification code or registry code and the address of the residence or seat of the owner or user of the power-driven vehicle.

(6) A payment order for the fine for delay which sets out the bank account number to which the fine for delay is payable and the reference number shall be appended to the decision on imposition of fine for delay.

(7) If a power-driven vehicle or a trailer thereof is not removed from the paid parking area, the parking monitoring official has the right to make, after not sooner than in twenty-four hours, another decision on imposition of fine for delay.

(8) The rate of fine for delay shall not be higher than 31 euros per one twenty-four hour period. The rate or, if appropriate, the differentiated rates of fine for delay shall be established by the council of a local authority. The provisions of subsection 98 (2) of the Taxation Act apply to the limitation period for imposition of fines for delay.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(9) The term for payment of a fine for delay shall not be less than fourteen days after the date of delivery of the decision on imposition of fine for delay to the owner or user of the power-driven vehicle or the trailer thereof.

(10) Fines for delay are paid to the budget of local government which established the fine.

§ 189. Payment and contestation of fines for delay

(1) A fine for delay is deemed to be paid on time if has accrued to the bank account specified in the decision on imposition of fine for delay by the due date.

(2) If a person specified in subsection 188 (2) of this Act finds that their rights have been violated by the decision on imposition of fine for delay, they may file a challenge with the rural municipality or city government or an appeal with an administrative court against the decision.

(3) In the event of failure to pay a fine for delay by the due date, the local authority may submit the claim for payment of the fine for delay to an enforcement officer for immediate compulsory execution on the bases and pursuant to the procedure provided for in the Code of Enforcement Procedure.

(4) The provisions of § 132 of the Taxation Act regarding the compulsory enforcement of other financial liabilities collectible by the tax authority apply to the expiry of the time limit of compulsory enforcement of a fine for delay. The claim for a fine for delay subject to payment shall expire if the fine for delay has not been claimed within four years as of making the decision on the fine for delay.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 190. Relocation of parked vehicles in exceptional circumstances

(1) In exceptional circumstances caused by rapidly changing weather conditions, the need to perform operational tasks or any other need to alter the road traffic rules, the organisation of parking may be changed.

(2) The Rescue Board has the right to relocate vehicles from the area where it is necessary to perform rescue or explosives removal work.

[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

(3) If the organisation of parking is changed due to exceptional circumstances, the official who regulates parking shall document the vehicles which have been parked legitimately and they will be relocated to a guarded storage facility pursuant to the procedure provided for in section 92 of this Act.

(4) An agency organising towing and storage shall inform the owner or authorised user of the relocated vehicle or the police as soon as possible.

(5) Towing and storage charges shall be paid by the agency which organises parking or relocation.

Chapter 13

EXERCISE OF STATE AUTHORITY IN CASES OF ACTS RELATED TO VEHICLES AND DRIVING LICENCES

§ 191. Exercise of state authority in cases of acts related to vehicles and driving licences

(1) The Minister of Economic Affairs and Communications may authorise the Road Administration to enter into administrative contracts with companies to inspect the roadworthiness and fitness for service of power-driven vehicles, trams, their trailers and off-road vehicles. The obligations of the company and liability for performing the roadworthiness testing, the fee charged for the roadworthiness testing, the conditions and terms for the reports submitted to the Road Administration on the performed roadworthiness testing and the conditions and grounds for amending the contract shall be specified as the obligatory conditions of the contract.

(2) Registration plates for power-driven vehicles, trailers thereof and off-road vehicles can be manufactured by a company possessing special or exclusive right in the meaning of the Competition Act. The Minister of Economic Affairs and Communications may authorise the Road Administration to arrange a public competition for granting the special or exclusive right and to the grant the special or exclusive right.

(3) The Road Administration may use technical equipment for online monitoring and recording of the performance of the traffic theory and driving exams required for obtaining the right to drive, and in the territory of the company specified in subsection (1) of this section and in the room of performing the roadworthiness testing for monitoring and recording the roadworthiness testing. The recordings can be used for performing supervision and in settling disputes and complaints. The recordings shall be retained for at least one month, but for not longer than one year.

(4) The procedure for the installation and use of the technical equipment specified in subsection (3) of this section and for processing the data shall be established by a regulation of the Minister of Economic Affairs and Communications.

§ 192. Requirements for companies inspecting compliance with the roadworthiness testing of vehicles

(1) Companies specified in subsection 191 (1) of this Act shall comply with the following requirements:

1) the company shall be reliable;

2) the members of the management or supervisory board of the company shall not have been punished for a crime, taking into account the terms for deletion of data specified in section 25 of the Penal Register Act;

3) the company has not significantly violated the administration contracts concluded with it for performing the roadworthiness testing and it has not been declared bankrupt or there is no liquidation procedure initiated in relation to it and no other circumstances exist which could cause its permanent insolvency or dissolution;

4) the company has no debts in the payment of state or local taxes, state duties, fines or compulsory insurance;

5) the company has premises and territory complying with the requirements provided for in subsection 73 (12) of this Act;

6) the company has equipment, supplies, instruments and inventory complying with the requirements provided for in subsection 73 (12) of this Act;

7) the company has employees complying with the requirements provided for in section 74 of this Act;

8) the company has possibilities for ensuring the quality of the roadworthiness testing complying with the requirements provided for in subsection 73 (12) of this Act;

9) the company shall be a competent measurer in the meaning of the Metrology Act and possess the relevant professional competence certificate.

(2) The requirements of clauses (1) 5) to (1) 9) of this section shall not apply to a company performing roadworthiness testing prior to registration.

(3) A contract shall not be entered into or extended with a company not complying with the requirements provided for in subsection (1) of this section or if a contract specified in subsection 191 (1) of this Act has been terminated within the last two years before the conclusion of the contract due to violations committed by the company.

(3) [Repealed – RT I, 31.12.2010, 3 – entry into force 01.07.2011]

Chapter 14

TRAFFIC SUPERVISION

§ 193. Traffic supervision authority

(1) Police officers, special constables or other officials shall perform traffic supervision within the competence granted to them by law and by the rural municipality or town government over the fulfilment of the stopping and parking requirements in the territory of the municipality.

(2) In the application of a traffic supervision measure pursuant to specific law, the official performing supervision shall proceed from the provisions of other legislation while observing the principles of this Act. In the cases not regulated by other legislation, the provisions of this Act shall apply.

(3) Organisation of traffic supervision takes place pursuant to the procedure established by a regulation of the Government of the Republic.

§ 194. Requirements for the traffic supervision authority

(1) The traffic supervision authority shall be familiar with the requirements of traffic legislation and the procedure for traffic supervision, as well as the methods and forms of exercising traffic supervision.

(2) The traffic supervision authority shall be familiar with the instructions of use of the technical equipment used in exercising supervision and shall have undergone training in the use of such equipment.

(3) The requirements provided for in section 74 of this Act apply to the traffic supervision authority.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 195. Obligations of the traffic supervision authority

The traffic supervision authority is obliged to:

1) ensure smooth traffic and the safety of road users;

2) inspect the compliance with the traffic requirements established by legal acts or on the basis of legal acts, prevent the violation of traffic requirements and ascertain the offenders;

3) take measures to remove a traffic obstruction or risk, and in case of the impossibility of the immediate removal of a traffic obstruction to take measures to mark it or place a barrier and to inform the road owner or a person responsible for the organisation of road management of the traffic obstruction;

4) warn road users of possible obstructions and risks on the road;

5) control traffic, if necessary;

6) wear a uniform or a badge and be clearly visible to road users, except in case of concealed traffic supervision, and to operate understandably for the road users.

§ 196. Rights of the traffic supervision authority

The traffic supervision authority has the right to:

1) stop a vehicle in the events specified in section 200 of this Act;

2) in event of an offence or carrying out a police operation, to inspect the vehicle and the documents of the vehicle, driver or cargo and other documents specified by the law;

3) remove from driving a vehicle a person who does not have the document proving the right to drive or use the vehicle of the corresponding category;

4) remove from driving a vehicle a person who is suspected of driving a vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream, to inspect the alcohol content in the air exhaled by the driver on the site and to refer a person suspected of driving a vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream to expert assessment;

5) remove from driving a vehicle a person who is so ill or fatigued as to prevent their clear perception of traffic conditions or to prevent them from complying fully with the traffic regulations;

6) prohibit the use of a power-driven vehicle, if its construction does not comply with the requirements or if due to a failure of the vehicle, the level of pollutants in its exhaust emissions, its noise level or another deficiency it is prohibited to continue the journey;

6¹) refer the power-driven vehicle or a trailer thereof to a special inspection of compliance with the roadworthiness requirements if the vehicle or trailer has been allowed to be used in traffic by way of exception on the basis of subsection 73 (5) of this Act or if the use of the vehicle or trailer is prohibited under clause 6) of this section;

[RT I, 02.03.2012,5 – entry into force 12.03.2012]

7) in case of a necessity or risk to prohibit or restrict traffic;

8) deliver an offender or a person suspected of an offence in the cases and pursuant to the procedure provided for by the law to the police or another agency;

9) detain documents and objects in the cases and pursuant to the procedure provided for by the law;

10) use a firearm and special equipment for the forced stopping of a vehicle in the cases and pursuant to the procedure provided for by the law;

11) use photo and video recording equipment in performing traffic supervision;

12) a traffic supervision device recording a power-driven vehicle may be used in performing traffic supervision, the recording of which can also be used for identifying the driver of power-driven vehicle, if necessary. The recordings can be used for performing supervision and in settling disputes and complaints. The recordings shall be retained for at least one month, but for not longer than one year;

13) to relocate vehicles in the cases and pursuant to the procedure provided for by the law.

14) verify the compliance of power-driven vehicles and their trailers with roadworthiness requirements.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 197. Liability of traffic supervision authority

Traffic supervision authority is liable for illegal action or inactivity pursuant to the procedure provided for by the law.

§ 198. Ways of exercising traffic supervision

Traffic supervision is performed on foot or in a vehicle, in moving or standing duty, with portable or fixed technical equipment.

§ 199. Methods of exercising traffic supervision

(1) Traffic supervision may be exercised:

1) publicly, in an alarm vehicle in police colours;

2) publicly, in an alarm vehicle in border guard colours;

3) with police officers concealed, in a vehicle without special features and in private outfit for the prevention of traffic violations and other offences;

4) with portable or fixed technical equipment;

5) by combining the methods mentioned in clauses 1) to 3), or

6) in connection with a traffic police operation.

(2) The database of the fixed automatic speed measuring system is a database created by the Ministry of Economy and Communications, in which the data of traffic offences gathered by the speed measuring system installed on state roads are processed with the aim of ensuring efficient traffic supervision in relation to exceeding the permitted speed limit.

(3) The information entered in the fixed automatic speed measuring system database has a legal effect.

(4) The responsible processor of the fixed automatic speed measuring system database is the Road Administration.

(5) The statutes of the fixed automatic speed measuring system database shall be established by the Minister of Economic Affairs and Communications.

(6) When using a speedometer and a speed measuring system, the requirements of the measuring methodology and the user manual of the manufacturer shall be followed. Requirements for the measuring process and for processing the measuring results shall be established by a regulation of the Government of the Republic.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 200. Stopping of vehicles and inspection of roadworthiness in course of exercising traffic supervision

[RT I, 31.12.2010, 3 - entered into force 01.07.2011]

(1) A person exercising traffic supervision shall give a driver a stop signal:

1) manually (by using a staff, reflective disk or red signal lamp);

2) from a marked police emergency vehicle, in a manner specified in subsection (1) of this section or by using a loudspeaker;

3) by switching on both the red and blue flashing rotary lights of an emergency vehicle in order to signal to the driver in front;

4) from an unmarked police vehicle by switching on the blue and red flashing rotary light or blue and red warning lights and, where necessary, also by giving an instruction to stop through a loudspeaker.

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

(2) If a person exercising traffic supervision has lifted the arm and indicates a place for stopping, the driver must stop at once at the indicated place. If a person exercising traffic supervision has not indicated a place for stopping, the driver must stop at the right shoulder of the road or, if there is no shoulder, close to the right edge of the road.

(3) A vehicle shall be stopped for checks if:

1) the vehicle’s driver or passenger violates the requirements provided in this Act, special legislation or legislation established on the basis thereof;

2) the manner in which the vehicle moves gives reason to believe that the driver does not control the vehicle in the manner required;

3) the appearance of the vehicle gives reason to believe that there may be a risk or non-conformity with the requirements or that the vehicle has been involved in a traffic accident;

4) the positioning, fastening or marking of the cargo does not conform to the requirements, or

5) the level of noise emitted by the vehicle or high smoke content present in the exhaust gases gives indication of non-conformity with the requirements.

(4) During a police operation, all vehicles for the inspection of which the operation was organised shall be stopped.

(5) A vehicle shall be stopped so that the driver can stop at the right shoulder of the road or, if there is no shoulder, close to the right edge of the road in a manner which does not obstruct or endanger the traffic.

(6) Vehicles shall be stopped for an as short a period as possible.

(7) It is prohibited to stop vehicles (except under extraordinary circumstances):

1) on road sections where visibility is limited;

2) on bends;

3) before and directly after an upward slope of a road;

4) at and directly before intersections;

5) at and directly before pedestrian crossings;

6) at and directly before level crossings;

7) at places where a standing vehicle would render other vehicular traffic impossible or obstruct pedestrians, or

8) at other risky places.

(8) Public transport vehicles on regular routes shall not be stopped. A public transport vehicle moving on a regular route may be stopped for checking for up to three minutes. To ensure the smooth organisation of public events or the escorting of important state guests, public transport vehicles on regular routes may be stopped for longer periods than three minutes.

(9) An emergency vehicle with siren sounding may be stopped only if there is reason to believe that the vehicle has been stolen, is being used for criminal purposes, is being driven by an intoxicated person or has caused a traffic accident.

(10) The scope of and procedure for inspection of the roadworthiness of vehicles while exercising traffic supervision by police officers shall be established by a regulation of the Minister of Economic Affairs and Communications.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§ 200¹. Traffic supervision information system

(1) The traffic supervision information system is a database established by the Minister of Economic Affairs and Communications for the purpose of electronic storage, systematising and exchanging between relevant authorities of the data specified in § 200²of this Act and exercising supervision and drawing up reports and carrying out analyses on the basis of the data.

(2) The data entered into the traffic supervision information system has an informative and statistical meaning.

(3) The chief processor of the traffic supervision information system is the Ministry of Economic Affairs and Communications and the authorised processor is the Road Administration.

(4) The statutes of the traffic supervision information system shall be established by a regulation of the Minister of Economic Affairs and Communications.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 200². Data entered into traffic supervision information system

The following shall be entered into the traffic supervision information system:

1) data gathered during exercising traffic supervision on roads regarding the roadworthiness, mass, axle load and measurements of power-driven vehicles and trailers, adherence to the rules of driving and rest time of drivers, inspection of documents required for carriage under an Act or an international agreement and carriage of hazardous loads by vehicles as well as the qualification of offences identified in the course of inspection and the type of penalty, including the data on serious criminal offences specified in Article 6(1)(b) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, pp 51-71);

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

2) data gathered upon inspecting adherence to the requirements of the working, driving and rest time of drivers in undertakings;

[RT I, 02.03.2012, 5 – entry into force 01.07.2012]

4) data on transport managers who have been declared non-compliant with the requirement of good repute on the grounds laid down in § 19² of the Road Transport Act.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

Chapter 15

LIABILITY

§ 201. Driving power-driven vehicle, off-road vehicle or tram by person without right to drive

(1) Driving power-driven vehicle, off-road vehicle or a tram by a person who does not have the right to drive power-driven vehicles or trams of the corresponding categoryis punishable by a fine of up to 100 fine units or by detention.

(2) The same act, if committed by a person who has been removed from driving power-driven vehicle, off-road vehicle or tram or whose right to drive power-driven vehicles or trams has been suspended, revoked or withdrawn is punishable by a fine of up to 300 fine units or by detention.

§ 202. Permitting a person without a right to drive power-driven vehicles, off-road vehicles or trams to drive a power-driven vehicle or tram

(1) Permitting a power-driven vehicle or a tram to be driven by a person who does not have the right to drive power-driven vehicles, off-road vehicles or trams of the corresponding category by an owner, possessor or a person responsible for the compliance with the roadworthiness testing requirements or operation of the power-driven vehicle or tram is punishable by a fine of up to 100 fine units.

(2) The same act, if the power-driven vehicle, off-road vehicle or tram is permitted to be driven by a person whose right to drive power-driven vehicles or trams has been suspended, revoked or withdrawn is punishable by a fine of up to 300 fine units.

(3) An act specified in subsection (1) or (2) of this Act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 203. Driving power-driven vehicle or off-road vehicle which has not been registered or re-registered

Driving power-driven vehicle or off-road vehicle which has not been registered or re-registered pursuant to the established procedure is punishable by a fine of up to 100 fine units.

§ 204. Permitting power-driven vehicle or off-road vehicle which has not been registered or re-registered to be driven

(1) The grant by an owner or possessor of a power-driven vehicle or off-road vehicle or by a person responsible for the compliance with the roadworthiness testing requirements or operation of such a vehicle, of permission for the vehicle to be driven if the vehicle has not been registered or re-registered pursuant to the established procedure, is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 205. Driving power-driven vehicle or off-road vehicle without state registration plate or with state registration plate which does not belong to that power-driven vehicle or off-road vehicle

Driving power-driven vehicle or off-road vehicle without state registration plate or with state registration plate which does not belong to that power-driven vehicle or off-road vehicle is punishable by a fine of up to 200 fine units.

§ 206. Driving power-driven vehicle or off-road vehicle with illegible state registration plate

Driving power-driven vehicle or off-road vehicle with a state registration plate which is illegible from the required distance is punishable by a fine of up to ten fine units.

§ 207. Driving power-driven vehicle or tram that has not passed roadworthiness testing

Driving power-driven vehicle or tram that has not passed roadworthiness testing is punishable by a fine of up to 50 fine units.

§ 208. Permitting power-driven vehicle or tram that has not passed roadworthiness testing to be driven

(1) The grant, by an owner or possessor or by a person responsible for the compliance with the roadworthiness testing requirements or operation of a vehicle that has not passed roadworthiness testing, of permission for the power-driven vehicle or tram to be driven is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 209. Driving power-driven vehicle or off-road vehicle with technical failure

Driving a power-driven vehicle or off-road vehicle which due to technical failure is not permitted to be driven under its own power is punishable by a fine of up to 100 fine units.

§ 210. Permitting power-driven vehicle or off-road vehicle with technical failure to be driven

(1) The grant, by an owner or possessor of a power-driven vehicle or off-road vehicle or by a person responsible for the compliance with the roadworthiness testing requirements or operation of such a vehicle, of permission for the vehicle to be driven if it is not permitted to be driven under its own power is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210¹. Exceeding permitted maximum mass of vehicle, road train and tractor train having maximum mass of over 12 000 kilograms

The driving of a vehicle, road train or tractor train whose maximum mass is over 12 000 kilograms whereby the permitted maximum mass thereof is exceeded by 20 percent or more is punishable by a fine of up to 200 fine units.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210². Permission to drive vehicle, road train and tractor train having maximum mass of over 12 000 kilograms

(1) Permitting by the owner, possessor or the person responsible for roadworthiness or operation to drive a vehicle, road train or tractor train whose maximum mass is over 12 000 kilograms whereby the permitted maximum mass thereof is exceeded by 20 percent or more is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210³. Exceeding permitted maximum mass of vehicle, road train and tractor train having maximum mass of up to 12 000 kilograms

The driving of a vehicle, road train or tractor train whose maximum mass is up to 12 000 kilograms whereby the permitted maximum mass thereof is exceeded by 25 percent or more is punishable by a fine of up to 200 fine units.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210⁴. Permission to drive vehicle, road train and tractor train having maximum mass of up to 12 000 kilograms whereby maximum mass has been exceeded

(1) Permitting by the owner, possessor or the person responsible for roadworthiness or operation to drive a vehicle, road train or tractor train whose maximum mass is up to 12 000 kilograms whereby the permitted maximum mass thereof is exceeded by 25 percent or more is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210⁵. Driving power-driven vehicle in violation of rules of use of speed limitation device

Driving a power-driven vehicle without a mandatory speed limitation device, with an inoperable speed limitation device or using a device which may impede the operation of the speed limitation device is punishable by a fine of up to 200 fine units.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 210⁶. Permission to drive power-driven vehicle in violation of rules of use of speed limitation device

(1) Permission by the owner, the possessor or the person responsible for roadworthiness or operation to drive a power-driven vehicle without a mandatory speed limitation device, with an inoperable speed limitation device or using a device which may impede the operation of the speed limitation device is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 211. Driving power-driven vehicle violating the requirements for the use of tachograph

Driving a power-driven vehicle which lacks the required tachograph or the tachograph of which is not in working order or not sealed in a manner conforming to the requirements is punishable by a fine of up to 100 fine units.

§ 212. Violation of the requirements for the use of tachograph by the driver of power-driven vehicle

Failure to enter the working time of other works manually on the recording sheets or printouts or manually on the digital tachograph by the driver of power-driven vehicle is punishable by a fine of up to 100 fine units.

§ 213. Permitting power-driven vehicle violating the requirements for the use of tachograph to be driven

(1) The grant, by an owner or possessor of a vehicle or by a person responsible for the compliance with the roadworthiness testing requirements or operation of such vehicle, of permission for the power-driven vehicle to be driven if the vehicle lacks the required tachograph or with a tachograph not in working order or not sealed according to the requirements is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 214. Failure to use a tachograph in the prescribed cases or deliberately damaging a tachograph or a seal affixed thereto

Failure to use a tachograph installed on a power-driven vehicle in the prescribed cases or deliberately damaging a tachograph or a seal affixed thereto is punishable by a fine of up to 100 fine units.

§ 215. Using equipment enabling to interfere with the operation of tachograph

Driving a power-driven vehicle supplied with equipment enabling to interfere with the operation of tachograph is punishable by a fine of up to 300 fine units.

§ 216. Installation of equipment enabling to interfere with the operation of tachograph or not removing thereof

(1) Installation of equipment enabling to interfere with the operation of tachograph or not removing the device specified in clause 136 (3) 5) of this Act upon the examination of a tachograph in workshop is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 217. Violation of the requirements for the use of a recording sheet of the manual or digital tachograph or driver card

(1) Violation of the requirements established for the use of recording sheets of the manual or digital tachograph installed on the power-driven vehicle or for the use of a driver card or the possibility of reading thereof is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

§ 218. Driving power-driven vehicle or off-road vehicle reconstructed without authorisation

Driving power-driven vehicle or off-road vehicle reconstructed without authorisation is punishable by a fine of up to 50 fine units.

§ 219. Driving environmentally hazardous power-driven vehicle or off-road vehicle

Driving a power-driven vehicle or off-road vehicle where the level of pollutants in its exhaust emissions or the emitted noise exceeds the permitted limit is punishable by a fine of up to 50 fine units.

§ 220. Permitting environmentally hazardous power-driven vehicle or off-road vehicle to be driven

(1) The grant, by an owner or possessor of a power-driven vehicle or off-road vehicle or by a person responsible for the compliance with the roadworthiness testing requirements or operation of such a vehicle, of permission for the vehicle to be driven where the level of pollutants in its exhaust emissions or the emitted noise exceeds the permitted limit is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 221. Driving onto intersection or pedestrian crossing by driver of power-driven vehicle or tram if traffic light signals prohibit it

(1) Driving onto intersection or pedestrian crossing by driver of power-driven vehicle or tram if traffic light signals prohibit it is punishable by a fine of up to 50 fine units.

(2) The same act, if it causes a traffic hazard is punishable by a fine of up to 100 fine units or by withdrawal of the right to drive vehicles for up to six months.

(3) For an offence provided for in subsection (2) of this section, a court or an extra-judicial body may impose as a supplementary punishment the withdrawal of the right to drive vehicles from one to three months.

§ 222. Failure by driver of power-driven vehicle or tram to give way to pedestrian on unregulated pedestrian crossing

(1) Failure by a driver of a power-driven vehicle or tram to give way to a pedestrian on an unregulated pedestrian crossing and overtaking a vehicle which has stopped in a neighbouring lane at an unregulated pedestrian crossing is punishable by a fine of up to 50 fine units.

(2) The same act, if it causes a traffic hazard is punishable by a fine of up to 100 fine units or by withdrawal of the right to drive vehicles for up to six months.

§ 223. Causing damage to property or through negligence to health by driver of power-driven vehicle, off-road vehicle or tram

(1) Violation of the traffic requirements by a driver of a power-driven vehicle, off-road vehicle or tram, if proprietary damage or damage to the health of another person through negligence is caused thereby, is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to six months.

(2) For an offence provided for in subsection (1) of this section, a court or an extra-judicial body may impose as a supplementary punishment the withdrawal of the right to drive vehicles from one to three months.

§ 224. Driving of power-driven vehicle, off-road vehicle or tram exceeding the maximum permitted level of alcohol in the bloodstream

(1) Driving of power-driven vehicle, off-road vehicle or tram by a person whose level of alcohol in the bloodstream is 0.20–0.49 milligrams of alcohol per one gram of blood or whose alcohol content in one litre of exhaled air is 0.10–0.24 milligrams is punishable by a fine of up to 100 fine units or by withdrawal of the right to drive vehicles for up to six months.

(2) For the same act by a person whose level of alcohol in the bloodstream is 0.50–1.49 milligrams of alcohol per one gram of blood or whose alcohol content in one litre of exhaled air is 0.25–0.74 milligrams is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to twelve months.

(3) For an offence provided for in this section, a court or an extra-judicial body may impose as a supplementary punishment the withdrawal of the right to drive vehicles as follows:

1) from three to nine months, if a person has not been previously punished for an offense specified in this section;

2) from three to twelve months, if a person has been previously punished for an offense specified in this section.

§ 225. Permitting intoxicated person to drive power-driven vehicle, off-road vehicle or tram or handing over driving to him or her

(1) The grant, by an owner, possessor or driver of a power-driven vehicle, off-road vehicle or a tram, of permission for a power-driven vehicle or a tram to be driven by a person in the state of intoxication or a state specified in subsection 69 (5) of this Act or handing over driving to such a person is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 226. Consumption of alcohol, narcotic or psychotropic substances after traffic accident by driver involved in traffic accident

(1) Consumption of alcohol, narcotic or psychotropic substances, except for the medicine containing narcotic or psychotropic substances at the site of the event by the paramedics rendering first aid or by the orders of some other healthcare professional in the form of emergency care, after traffic accident by a driver involved in traffic accident immediately after the traffic accident until ascertaining the circumstances at the site of the event is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to eighteen months.

§ 227. Exceeding speed limit by driver of power-driven vehicle

(1) The exceeding of a speed limit by up to 20 kilometres per hour by a driver of a power-driven vehicle is punishable by a fine of up to 30 fine units.

(2) The exceeding of a speed limit by 21 up to 40 kilometres per hour by a driver of a power-driven vehicle is punishable by a fine of up to 100 fine units or by withdrawal of the right to drive vehicles for up to six months.

(3) The exceeding of a speed limit by 41 up to 60 kilometres per hour by a driver of a power-driven vehicle is punishable by a fine of up to 200 fine units, by detention or by withdrawal of the right to drive vehicles for up to twelve months.

(4) The exceeding of a speed limit by more than 60 kilometres per hour by a driver of a power-driven vehicle is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to twenty four months.

(5) A court or an extra-judicial body may impose as a supplementary punishment the withdrawal of the right to drive vehicles:

1) for an offence provided for in subsection (2) of this section from one month to three months;

2) for an offence provided for in subsection (3) of this section from three months to six months;

3) for an offence provided for in subsection (4) of this section from six months to twelve months.

§ 228. Driving power-driven vehicle equipped with devices which detect or interfere with operation of speed measuring equipment

Driving power-driven vehicle equipped with devices which detect or interfere with operation of speed measuring equipment is punishable by a fine of up to 100 fine units.

§ 229. Obstruction of or interference with the measuring activity of automatic speed measuring equipment

Obstruction of or interference with the regular functioning of the measuring activity of automatic speed measuring equipment, as well as facilitating thereof is punishable by a fine of up to 300 fine units.

[RT I, 31.12.2010, 3 - entry into force 01.07.2011]

§ 230. Violation of requirements for overtaking

(1) Violation of requirements for overtaking by driver of power-driven vehicle is punishable by a fine of up to 100 fine units.

(2) The same act, if it causes a traffic hazard is punishable by a fine of up to 200 fine units or by withdrawal of the right to drive vehicles for up to twelve months.

§ 231. Driving on side opposite to that appropriate to direction of traffic

Driving on the side opposite to that appropriate to the direction of traffic by a driver of a power-driven vehicle, unless this is permitted by the traffic requirements,

is punishable by a fine of up to 100 fine units.

§ 232. Violation of requirements for crossing level crossings

Violation by driver of power-driven vehicle or tram of the requirements for crossing level crossings is punishable by a fine of up to 100 fine units.

§ 233. Hindering use of right of way

Failure by a driver of a power-driven vehicle or tram to grant the right of way to an emergency response vehicle in the cases prescribed in the traffic requirements is punishable by a fine of up to 100 fine units.

§ 234. Ignoring stop signal for vehicle

(1) The intentional ignoring of a mandatory stop signal for a vehicle by a driver of a vehicle is punishable by a fine of up to 200 fine units, by detention or by withdrawal of the right to drive vehicles for up to twenty four months.

§ 235. Ignoring stop signal for off-road vehicle

The intentional ignoring of a mandatory stop signal for off-road vehicle by a driver of off-road vehicle is punishable by a fine of up to 200 fine units or by detention or by withdrawal of the right to vehicles for up to twenty four months.

§ 236. Failure to give notification of traffic accident

(1) Violation by a driver of a vehicle involved in a traffic accident of the requirements for notifying the police of a traffic accident, if notification is mandatory, is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to twelve months.

§ 237. Leaving the scene of a traffic accident or failure to provide assistance to people who are in need of assistance due to a traffic accident

(1) Leaving the scene of a traffic accident or failure to provide assistance to people who are in need of assistance due to a traffic accident is punishable by a fine of up to 300 fine units, by detention or by withdrawal of the right to drive vehicles for up to twenty four months.

§ 238. Violation by driver of power-driven vehicle or tram of requirements for carriage of passengers or goods

Violation by driver of power-driven vehicle or tram of requirements for carriage of passengers or goods is punishable by a fine of up to 100 fine units.

§ 239. Failure to fix safety equipment properly

(1) Failure to fix safety belt properly:

1) by the driver of the vehicle;

2) by a passenger

is punishable by a fine of up to 50 fine units.

(2) For an act provided for in clauses (1) 1) or (1) 2) of this section, if the person has been previously punished for such act is punishable by a fine of up to 100 fine units.

§ 240. Violation of child safety requirements

(1) For driving a child under the age of 16 without being properly fixed by seat belt or other safety equipment by the driver is punishable by a fine of up to 100 fine units.

(2) For an act provided for in subsection (1) of this section, if the person has been previously punished for such act is punishable by a fine of up to 200 fine units.

§ 241. Parking at an unauthorised place

(1) Parking a vehicle at an unauthorised place or in violation of the manner of parking indicated by traffic control devices is punishable by a fine of up to ten fine units.

(2) Parking a vehicle at an unauthorised place or in violation of the manner of parking indicated by traffic control devices in such a manner that it constitutes a hazard to other road users or significantly disturbs the traffic

is punishable by a fine of up to 50 fine units.

§ 242. Other violation of traffic requirements by driver of power-driven vehicle or tram

(1) Violation of the traffic requirements by a driver of a power-driven vehicle or tram, provided that there are no necessary elements of a misdemeanour provided for in sections 201 and 202, sections 205 to 207, sections 209 and 211, sections 214 to 219, sections 221 to 224 or sections 226 to 241 of this Act is punishable by a fine of up to 50 fine units.

(2) The same act, if it causes a traffic hazard is punishable by a fine of up to 100 fine units or by withdrawal of the right to drive vehicles for up to six months.

§ 243. Violation of the requirements for the copying of the data of digital tachograph or driver card

(1) The untimely copying of the data of digital tachograph or driver card is punishable by a fine of up to 100 fine units.

(2) The intentional damaging of the data of digital tachograph or driver card is punishable by a fine of up to 200 fine units.

§ 244. Violation of requirements for working and rest time of drivers of motor vehicles or trams by owner, possessor or person responsible for operation of motor vehicle or tram

(1) Violation by the owner or possessor of a power-driven vehicle or tram or by a person responsible for the operation of a power-driven vehicle or tram of the requirements for working and rest time established for drivers of power-driven vehicles or trams is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 245. Violation of the weekly driving time requirements established for drivers of power-driven vehicles

Use of a longer weekly driving time than established for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

§ 246. Violation of the daily driving time requirements established for drivers of power-driven vehicles

(1) Use of up to two hours longer daily driving time than established for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

(2) Use of over two hours longer daily driving time than established for drivers of power-driven vehicles is punishable by a fine of up to 200 fine units.

§ 247. Violation of the driving time requirements for two consecutive weeks established for drivers of power-driven vehicles

Use of a longer driving time than established for two consecutive weeks for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

§ 248. Violation of the break time requirements established for drivers of power-driven vehicles

(1) Failure to use the established break time after 4.5 hours of driving time by drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

(2) Use of a shorter break than the established break time after 4.5 hours of driving time by drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

§ 249. Violation of the daily rest time requirements established for drivers of power-driven vehicles

(1) Use of up to two hours shorter daily rest time than established for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

(2) Use of over two hours shorter daily rest time than established for drivers of power-driven vehicles is punishable by a fine of up to 200 fine units.

§ 250. Violation of the weekly rest time requirements established for drivers of power-driven vehicles

Use of a shorter weekly rest time than established for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

§ 251. Violation of the work schedule requirements established for drivers of power-driven vehicles

(1) In regular carriage of passengers where the length of the line is less than 50 kilometres, failure by a driver of a power-driven vehicle to present an established work schedule to an official performing traffic supervision is punishable by a fine of up to 100 fine units.

(2) In regular carriage of passengers where the length of the line is less than 50 kilometres, failure by a driver of a power-driven vehicle to observe an established work schedule is punishable by a fine of up to 100 fine units.

§ 252. Violation of requirements for preparing a work schedule for a driver of a power-driven vehicle by a possessor of the vehicle

(1) In regular carriage of passengers where the length of the line is less than 50 kilometres, failure by the possessor of the vehicle to present to the driver a required work schedule or preparation for a driver a work schedule that violates working and rest time requirements is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 253. Violation of the weekly working time requirements established for drivers of power-driven vehicles

Use of a longer weekly working time than established for drivers of power-driven vehicles is punishable by a fine of up to 100 fine units.

§ 254. Violation of requirements for working and rest time established for tram drivers

Violation of requirements for working and rest time established for tram drivers by tram driver is punishable by a fine of up to 100 fine units.

§ 255. Influencing a driver to violate working and rest time requirements

(1) Issue of an illegal work order to a driver of a power-driven vehicle that induces to violate working and rest time requirements established by legislation, except in the cases specified in § 252 of this Act is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 256. Violation of requirements related to a major risk in the road transport of hazardous substances and objects

(1) Violation of the requirements for carriage of hazardous substances, objects or wastes by vehicle, if such violation causes a major risk to human life, health or environment is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.

[RT I, 02.03.2012, 5 – entry into force 12.03.2012]

§ 257. Violation of requirements related to a medium risk in the road transport of hazardous substances and objects

Violation of the requirements for carriage of hazardous substances, objects or wastes by vehicle, if such violation causes a medium risk to human life, health or environment is punishable by a fine of up to 100 fine units.

§ 258. Violation of requirements related to a minor risk in the road transport of hazardous substances and objects

Violation of the requirements for carriage of hazardous substances, objects or wastes by vehicle, if such violation causes a minor risk to human life, health or environment is punishable by a fine of up to 50 fine units.

§ 259. Other violation of traffic rules by a pedestrian, a driver of a segway, a cyclist, driver of a mini moped, driver of an animal-drawn vehicle or a passenger

(1) Other violation of traffic rules by a pedestrian, a driver of a segway, a cyclist, driver of a mini moped, driver of an animal-drawn vehicle or a passenger, provided there are no necessary elements of a misdemeanour provided for in sections 226, 234, 236, 237, 239 or 241 of this Act, is punishable by a fine of up to ten fine units.

(2) The same act, if:

1) committed in a state of intoxication;

2) damage to the health of a person through negligence is caused thereby, or

3) if proprietary damage or traffic hazard is caused thereby

is punishable by a fine of up to 100 fine units.

§ 260. Violation of requirements for off-road vehicle traffic

Violation of requirements for off-road vehicle traffic is punishable by a fine of up to 50 fine units.

§ 261. Violation of the obligations of the owner or authorised user of power-driven vehicle

(1) Failure to meet the requirement specified in subsection 72 (2) of this Act by the owner or responsible user of a power-driven vehicle is punishable by a fine of up to 50 fine units.

(2) The same act, if committed by a legal person is punishable by a fine of up to 390 euros.

§ 262. Rates of cautionary fines imposed in written caution procedure

In written caution procedure, a cautionary fine shall be applied as follows:

1) The exceeding of a speed limit is punishable by a cautionary fine the amount of which in euros is calculated by multiplying the number of kilometres above the speed limit by 3;

2) parking a vehicle at an unauthorised place or in violation of the parking procedure or manner of parking indicated by traffic control devices or possible obstruction of other road users by standing at an intersection or unauthorised use of a lane reserved for public transport vehicles is punishable by a cautionary fine of up to 20 euros;

3) an act described in subsection (2) of this section in a manner that constitutes a hazard to other road users or significantly disturbs traffic is punishable by a cautionary fine of 64 euros;

4) driving onto intersection or regulated pedestrian crossing if traffic light signals prohibit it is punishable by a cautionary fine of 96 euros;

5) an act described in subsection (4) of this section in a manner that constitutes a hazard to other road users or significantly disturbs traffic, is punishable by a cautionary fine of 190 euros.

§ 263. Proceedings

(1) The stipulations of the General Part of the Penal Code and the Code of Misdemeanour Procedure shall apply to misdemeanours specified in sections 201 to 261 of this Act.

(2) The Police and Border Guard Board conducts extra-judicial proceedings in the misdemeanour cases provided for in §§ 201-261 of this Act.

[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

(3) Extra-judicial proceedings concerning the misdemeanours provided for in sections 256 to 258 of this Act shall be conducted by the Tax and Customs Board.

(4) A rural municipality or city government is also the body which conducts extra-judicial proceedings concerning the misdemeanours provided for in sections 241 and 261 of this Act.

(5) The Labour Inspectorate is also the body which conducts extra-judicial proceedings concerning the misdemeanours provided for in sections 243 to 255 of this Act.

(6) A body conducting extra-judicial proceedings or a court shall confiscate the object which was the direct object of commission of a misdemeanour provided for in sections 215 and 228 of this Act.

Chapter 16

IMPLEMENTING PROVISIONS

§ 264. Transitional provisions

(1) Driving licenses issued before the entry into force of this Act permit the holders of the driving license to drive power-driven vehicles specified in section 93 of this Act until the expiry date of the driving license valid on the day of entry into force of this Act or until the replacement of the driving license as follows:

1) moped driving licence grants the right to drive power-driven vehicles of category AM;

2) driving licence of category A1 grants the right to drive power-driven vehicles of category A1;

3) driving licence of category A grants the right to drive power-driven vehicles of category A within the restrictions entered on the driving licence;

4) driving licence of category B1 grants the right to drive power-driven vehicles of category B1;

5) driving licence of category B grants the right to drive power-driven vehicles of category B;

6) driving licence of category BE grants the right to drive road trains of category BE;

7) driving licence of category C1 grants the right to drive power-driven vehicles of category C1;

8) driving licence of category C1E grants the right to drive road trains of category C1E;

9) driving licence of category C grants the right to drive power-driven vehicles of category C;

10) licence grants of category CE the right to drive road trains of category CE;

11) driving licence of category D1 grants the right to drive power-driven vehicles of category D1;

12) driving licence of category D1E grants the right to drive road trains of category D1E;

13) driving licence of category D grants the right to drive power-driven vehicles of category D;

14) driving licence of category DE grants the right to drive road trains of category DE;

15) driving licence of category T or R grants the right to drive power-driven vehicles of category T;

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

16) driving licence of any power-driven vehicle category grants the right to drive mopeds and off-road vehicles.

(2) In replacing the driving license specified in subsection (1) of this section, the new driving license shall be marked for the category of power-driven vehicle or road train that the person has the right to drive in accordance with clauses (1) 1) to (1) 16), unless provided otherwise by law.

(3) Until 1 January 2016, persons who hold the right to drive power-driven vehicles in category B may drive power-driven vehicles in category C entered in the traffic register before the entry into force of this Act, provided that the permissible maximum mass of the power-driven vehicle does not exceed 3500 kg or the same power-driven vehicle with a light trailer.

(4) Restoration of the right to drive of persons whose driving license has expired by the time of entry into force of this Act shall be subject to subsection 129 (4) of this Act.

(5) Mopeds which have been in use until the date specified in subsection (4) of this section and that have no documentation attesting the vehicle’s importation and completion of customs procedures and/or documentation on legal acquisition and possession, shall be registered on the basis of a written confirmation of the owner about the legal ownership of the vehicle if the restoration of such documentation is not possible.

(6) Mopeds, except mini mopeds, which have been used before the entry into force of this Act must be registered within one year from the entry into force of this Act.

(7) Certificates attesting the qualification of authorised officials that have been issued before the entry into force of this Act are valid until 1 January 2013.

(8) Registered securities over movables entered in the traffic register before the entry into force of this Act shall remain valid.

(9) Persons who before the entry into force of this Act worked as inspectors of compliance with roadworthiness requirements are not subject the requirements provided in clauses 74 (1) 1) or 74 (1) 2) of this Act.

(10) Persons who before the entry into force of this Act worked as driving instructors are not subject the requirements provided in clause 118 (1) 2) of this Act.

(11) Persons who do not permanently reside in Estonia are not required to have a driving license for driving a moped and a vehicle equivalent to a moped. Registration of mopeds and vehicles equivalent to mopeds is not required if the moped’s driver does not permanently reside in Estonia.

(12) Until 1 January 2015, persons who hold the right to drive power-driven vehicles in categories C or D or power-driven vehicles in subcategories C1 or D1 are also allowed to drive power-driven vehicles and road trains in category T.

(13) Until 1 January 2015, persons who hold the right to drive power-driven vehicles of category B along with a trailer that is not a light-weight trailer, provided that the trailer has been registered in the traffic register before the entry into force of this Act and the maximum authorised weight of the trailer does not exceed 750 kg.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(14) Clause 93 (3) 6) of this Act shall be valid as of 19 January 2013. Until 19 January 2013, a power-driven vehicle of category D1 means a car that has been designed and manufactured to transport, in addition to the driver, up to 16 more passengers, or the same vehicle along with a lightweight trailer.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

§§ 265-279. [Omitted from this text.]

§ 280. Repeal of Traffic Act

(1) The Traffic Act (RT I 2001, 3, 6; 2010, 24, 115) is repealed.

(2) Regulations issued on the basis of the Traffic Act valid until the entry into force of this Act are valid after entry into force of this Act to the extent these are not contrary to this Act until they are repealed.

§ 281. Entry into force of Act

(1) This Act shall enter into force on 1 July 2011.

RT I, 31.12.2010, 3 – entry into force 01.01.2011]

(2) Subsections 9 (3) and (5) to (11) of this Act shall enter into force on 1 January 2012.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

(3) Clause 93 (3) 2) of this Act enters into force on 19 January 2013.

(4) Subsection 97 (1) of this Act is valid until 18 January 2013.

(5) Subsections 97 (7) and 97 (8) of this Act enter into force on 19 January 2013.

(6) Subsection 102 (4) of this Act enters into force on 19 January 2013.

(7) Clauses 103 (1) 3) and 103 (1) 5) of this Act are valid until 18 January 2013.

(8) Clauses 103 (1) 4), 103 (1) 7) and 103 (1) 8) of this Act enter into force on 19 January 2013.

(9) Clause 199 2) of this Act is valid until 31 December 2011.

(10) Section 272 of this Act enters into force on 1 August 2010.

(11) Subsection 101 (8) of this Act shall enter into force on 19 January 2013.

[RT I, 31.12.2010, 3 – entry into force 01.07.2011]

________________________________________________________________

¹ Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, pp 35–39), Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network (OJ L 167, 30.4.2004, pp 39–91), Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast) (OJ L 403, 30.12.2006, pp 18–60), Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, pp 35–44), amended by Commission Directive 2009/4/EC on counter measures to prevent and detect manipulation of records of tachographs, amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 21, 24.1.2009, pp 39–40).

Liiklusseadus 2011

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