Law of the Routes
The National Assembly deliberated and adopted in its session of January 29, 1999;
The President of the Republic promulgates the law which reads as follows:
First ART. The driver of a vehicle is criminally responsible for offenses committed by him while driving the vehicle. However, when the driver was acting as agent, the court may, given the factual circumstances and conditions of work, decide that the payment of fines imposed by police under this law, and legal costs that can be added to these fines will be in whole or in part to the purchaser's expense.
ART. 2 Notwithstanding the provisions of the preceding Article, the holder of the registration certificate of the vehicle is financially responsible for regulatory violations the parking of vehicles for which only a fine is incurred, unless he establishes the existence of a force majeure event or provides information identifying the true author of the offense. For a vehicle rented to another party, this responsibility rests, with the same reservations, on the tenant.
When the vehicle's registration certificate is issued in the name of a corporation, the financial liability under the preceding paragraph falls under the same conditions, the legal representative of such person.
ART. 3 All violations of laws and regulations concerning road traffic police on roads open to public traffic shall be brought before the courts of the judiciary.
ART. 4 The vehicles with traffic or parking violations in contravention of this Act, police regulations or legislation on
compulsory motor vehicle insurance, compromise the security or compensation for damage caused to road users, peace or public health, aesthetics of landscapes and protected sites, conservation or normal use of roads open to public traffic and their dependencies, particularily by public transport vehicles may, under conditions set by decree of the Council of Ministers, be immobilized, impounded, removed from circulation and, if necessary, disposed of or delivered to destruction.
Regardless of the measures provided for in paragraph above, vehicles left parked in the same point of the highway or its appurtenances for a period exceeding seven days may be impounded.
ART. 5 Vehicles which the state does not allow to circulate in traffic in normal conditions of security can only be removed from the pound by repairers charged by the owner to perform work deemed essential.
They can only be returned to their owners after verifying the proper execution of work. In case of disagreement on the status of the vehicle, an expert is appointed under the conditions fixed by decree of the Council of Ministers. If he finds that the vehicle is not roadworthy in normal security conditions, he determines the work to be done before its return to the owner.
ART. 6 The costs of removal, impoundment, expertise and sale or destruction of the vehicle are the responsibility of the owner.
ART. 7 Prior to the sale of a used vehicle, the owner shall give the purchaser a certificate less than three months old and that there has not been opposition to the transfer of this registration certificate of the said vehicle under current laws or regulations.
Infringements the laws concerning the driving of vehicles
ART. 8 will be punished with imprisonment of eleven days to three months and a fine of 29,000 to 200,000 francs or one of these two penalties:
1. any driver of a vehicle who, knowing that the vehicle had caused or brought about an accident, does not stop and will thus have attempted to escape civil or criminal liability that may be incurred;
2. Any person who drives or attempts to drive a vehicle while she was drunk, under the influence of alcohol or under the influence of a narcotic;
3. Any person who drives a vehicle without obtaining a valid permit or authorization to drive for the vehicle category considered or that the permit or authorization was subject to a regularly justified measure of suspension, withdrawal or cancellation;
4. any person who, owning or having custody or use of a vehicle, the driver has caused or permitted a third party drive knowing that he knew the did not have the required permits.
If applicable to the application of sections 165 and 168 of the Penal Code, the penalties under this section shall be doubled.
ART. 9 shall be liable to the penalties provided for in Article 79 of the Penal Code, any driver of a vehicle that has obstructed the immobilization thereof by an officer duly authorized.
Infringements of the rules regarding the use of roads open to public traffic
ART. 10 shall be punished by imprisonment of eleven days to 6 months and a fine of 20,000 to 500,000 francs or one of these penalties, any person who:
1. will, with the intent to impede or obstruct traffic and without lawful authority, hinders by any means the passage of vehicles;
2. knowingly contravenes the laws or regulations that ensure the conservation of highways open to traffic as well as bridges, ferries and other structures and constituting an extension or incorporated therein.
ART. 11 shall be punishable by imprisonment of at least six months and a fine from 120,000 to 1,200,000 francs or one of these penalties, those who organized motor vehicle clases without permission of the administrative authority.
Breaches of rules concerning Vehicles and Equipment
ART. 12 shall be punished by imprisonment of two months to two years and a fine of 25,000 to 250,000 francs or one of those penalties only without prejudice to the penalties provided by the Customs Code, a person who:
1. knowingly put into circulation a motor vehicle or trailer without holding permits or administrative documents required for the movement of that vehicle;
2. has voluntarily used a licence plate bearing false or suspected false information or authorization and administrative documents required for the movement of vehicles it knew to be false, outdated or canceled;
3. has circulated a motor vehicle or trailer without being equipped with plates or registrations required by regulations and which will also knowingly reported a number, a name or address that is false.
ART. 13 shall be punished by imprisonment of eleven days to six months and a fine of 20,000 to 200,000 francs or one of these two penalties any person who:
1. placed or kept in circulation for a motor vehicle to transport people, whose condition presents a clear danger to users and passengers and that has not been submitted to the technical inspection within the time prescribed;
2. has violated the rules adopted by the Council of Ministers to ensure the safety of persons transported on a commercial basis.
In the cases described in paragraphs above, the court may also rule to confiscate the vehicle.
ART. 14 can be immobilized any while moped or motorcycle of 100 cm3 cylinder or more that circulates without the driver and passenger are wearing helmets or fitted equipment required to guarantee their own security. If, within seventy-two (72) hours, the driver or passenger of the vehicle did not justify termination of the infringement, the asset can be converted into an impoundment.
Any person contravening the provisions of paragraph one shall be punished with imprisonment of eleven days to three months and a fine of 20,000 to 200,000 francs or one of these two penalties.
ART. 15 In case of recurrence of one of the offenses under Articles 8 and 9 of this Act, the court may order, in addition, the forfeiture to the state of the vehicle the defendant had used to commit the offense, if he is the owner.
ART. 16 will be punished with the penalties provided for in section 204 of the Penal Code any who have destroyed, diverted or attempted to destroy or divert any vehicle forfeited under the provisions of the preceding article.
Provisions concerning driver's license
ART. 17 1. Any person who, by false declaration obtained or attempted to obtain a permit, shall be punished with imprisonment of eleven days to two years and a fine of 30,000 to 300,000 francs or one of these penalties only;
2. Shall incur the same penalties any person who, having received notification of a decision of the suspension or cancellation of a driver's license, has refused to surrender the suspended or cancelled permit to the enforcement officer responsible for the execution of this decision;
3. Courts and tribunals may order the cancellation of driver's license if the driver is convicted, either for any offense provided for in Article 8, paragraphs 1, 2, 3, or for offenses under sections 165 and 168 of the Code when criminal homicide or unintentional injuries have been committed in connection with driving a vehicle.
They can also annul a licence if convicted in the following cases:
a) driving a vehicle after receiving a decision of suspension or detention of the permit;
b) refusal to surrender the license to the competent authority when a decision of suspension or detention is given;
4. The license is automatically canceled as a result of the conviction:
a) in case of recurrence of one of the crimes referred to in Article 8, paragraph l, 2 and 3 above;
b) when appropriate to the simultaneous application of Article
8 paragraphs 1, 2 and 3 and Articles 165 and 168 of the Penal Code;
5. In case of cancellation of license by the application of paragraphs 3 and 4 above, the person may not request a new license before the expiration of a deadline set by the judge within a limit of a maximum of three years and provided he is declared fit after a medical examination at his own expense;
6. In case of recurrence of crimes resulting in the simultaneous application of Article 8, paragraphs 1, 2 and 3 above and section 165 of the Penal Code, the person may not request a new license before the expiration a period of ten years provided he is declared fit after a medical examination at his expense.
Provisions concerning the teaching of driving motor vehicles
ART. 18 No person shall, without being authorized in the terms laid down by decree of the Council of Ministers, teach the driving of motor vehicles. Shall be punished by a fine of 50,000 to 500,000 francs whoever violates the prohibition set forth above or the provisions relating to driving instruction for motor vehicles.
The confiscation of the vehicle or vehicles used in the illegal practice of teaching can also be ordered.
Provisions concerning education and communication of information regarding documentation required for driving and vehicle traffic
ART. 19 It is conducted in the state services under the authority and under the control of the Minister for Transport, the registration of:
1. all information relating to license of which the issuance is sought or which are issued pursuant to this Act, as well as driver's license issued by foreign authorities and recognized as valid in the country;
2. Information concerning the administrative documents required for the movement of vehicles or affecting the availability thereof;
3. all administrative decisions duly notified, restriction of validity, suspension, cancellation and issuance of a restricted driving permit;
4. any action to withdraw the right to use driver's license taken by a foreign authority and communicated to the Malian authorities in accordance with international agreements in force;
5. the minutes of the offenses mentioned in Articles 8, 9, 10, 12, 13 and 17 of this Act and sections 165 and 168 of the Penal Code;
6. all judicial decisions to finality of offenses involving road traffic.
ART. 20 The information referred to in Article 19 above can be processed automatically.
ART. 21 Without prejudice to the application of amnesty laws, information on judicial convictions and administrative actions affecting driving license must be cleared when an elapsed period of six years without either a court intervening again or administrative measures referred to in the third section 19 above.
The time limit specified in the preceding paragraph runs:
1. for judicial convictions, counting from the date the last conviction became final;
2. for administrative action counting from the date of the final decision.
Where an administrative action was canceled, the deletion of information on this measure is performed on the day of the ruling or administrative pronouncement of cancellation.
The deadline is extended to ten years from the date when the conviction becomes final when made pursuant to paragraph 3 of Article 17 of this Act. The limit is reduced to two years from the date of registration for information relating to seeking license issuance.
ART. 22 The licensee has the right to communication of the full statement of particulars relating to him. He can obtain a copy.
ART. 23 The full statement of particulars relating to driver's license applicable to a single person is issued at their request to:
1. judicial authorities;
2. the police officers responsible for enforcement of a judicial order or acting in a spot investigation.
ART. 24 Information concerning the existence, type and validity of driving licenses are provided at their request to:
1. the licensee, his lawyer or his agent;
2. competent foreign authorities, for authentication of driving licenses in accordance with international agreements in force;
3. to police officers acting within the framework of a preliminary inquiry;
4. cops and officials of the national police with power to conduct roadside control under the regulations relating to road traffic;
5. administrative authorities for civilian and military persons employed or likely to be employed as a driver of land motor vehicle;
6. to insurance companies for the people they are called upon to ensure or guarantee the liability for damage caused by motorized land vehicles.
ART. 25 The information other than those mentioned in Article 26 below relating to administrative documents required for the movement of vehicles is sent upon request to:
1. the person or entity holding administrative documents, his counsel or representative;
2. judicial authorities;
3. to police officers in performing their tasks as defined in Article 29 of the Code of Criminal Procedure;
4. cops and officials of the national police empower to conduct roadside tests under the regulations relating to road traffic;
5. officials authorized to establish breaches of police regulations of traffic for the sole purpose of identifying the perpetrators of these crimes;
6. local government authorities in the practice of their powers in vehicle traffic;
7. services of the Ministry of Industry for the exercise of their powers;
8. Insurance companies insuring damage suffered by third parties resulting from injury to person or property in which a land motor vehicle, and its trailers or semi-trailors are involved and to organizations related to these companies when this information is intended only to identify properties and persons involved in a traffic accident, provided that at least one of the vehicles is insured by the applicant or that the latter has responsibility for compensating victims thereof .
Insurance companies must provide in support of their request all relevant information to verify the reality of loss.
ART. 26 information, made the pledge on land motor vehicles and objections to the transfer of the registration certificate is provided upon request to:
1. the person or entity holding the administrative documents required for the movement of the vehicle, his lawyer or his agent;
2. judicial authorities;
3. to police officers in performing their tasks as defined in Article 29 of the Code of Criminal Procedure;
4. competent authorities of local governments to exercise their responsibilities in relation to vehicle traffic.
The absence of a declaration of pledge or opposition against transfer of registration certificate of a vehicle defined only by its registry number may, excluding all other information be brought to the attention of any person who so requests.
ART. 27 Information relative to marital status of the holder of the registration certificate, to registration numbers and vehicle characteristics, as well as to pledges and objections made, to the exclusion of any other information, available on their request for the exercise of their missions to:
1. Officers responsible for implementing an enforceable order;
2. Court administrators and liquidation agents or trustees appointed in proceedings for bankruptcy or liquidation of property under the Commercial Code.
ART. 28 No identifiable information may be disclosed except in cases expressly provided for in Articles 22 to 27 above.
ART. 29 Shall be liable to the penalties provided for in section 204 of the Penal Code any who:
1. has taken the name of a person in circumstances which have led or could have determined, pursuant to Article 19 above, registration in the name of the person convicted by a court or administrative decision;
2. has extracted information, using a false name or false status, a statement of particulars registered under section 19 above on a third party;
3. has obtained, directly or indirectly communication of personal information whose disclosure is not expressly provided for by this Act.
ART. 30 This Act repeals all earlier contrary provisions, including the Act of March 27, 1981 no81-50/AN-RM laying down rules on penalties for certain offenses relating to road traffic.
Bamako, March 2, 1999
The President of the Republic,
Alpha Oumar Konare