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:
CHAPTER
I
General Provisions
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.
CHAPTER
II
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.
CHAPTER
III
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.
CHAPTER
IV
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.
CHAPTER
V
Confiscation
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.
CHAPTER
VI
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.
CHAPTER
VII
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.
CHAPTER
VIII
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