Ε.Ε. App. I(I) No. 3394, 17.3.2000 L. 33(I)/2000 The Road Safety (Amendment) Law of 2000 is published in the Cyprus Government Gazette according to Section 52 of the Constitution. Number 33(1) of 2000 AMENDMENT TO THE ROAD SAFETY LAW The House of Representatives enacts as follows: Short title. 174 of 1986. 1. This Law may be cited as the Road Safety (Amendment) Law of 2000 and shall be read as one with the Road Safety Law of 1986 (hereinafter referred to as "the principal law") and the principal law and the present Law may together be cited as the Road Safety Laws of 1986 to 2000. Amendment of section 2 of the principal law. 2. Subsection (1) of section 2 of the principal law is amended as follows: (a) Replacement of the definition of the term "preliminary breath test", by the following new definition: A «preliminary breath test means a specimen breath test of a person by use of a preliminary breath test instrument». (b) Replacement of the definition of the term "instrument", by the following new definitions: A «preliminary breath test instrument means any instrument yielding an indicative test of the volume or percentage of alcohol read in the breath of a person which meets the standards approved by Order of the Minister, published in the Cyprus Government Gazette; A «final breath test instrument means any instrument establishing the volume or percentage of alcohol read in the breath of a person which meets the standards approved
by an Order published in the Cyprus Government Gazette and which yields a printed result». (c) Replacement of the definition of the term "final breath test", by the following new definition: A «final breath test means a specimen breath test of a person by use of a final breath test instrument» and (d) Incorporation of the following new definition, in the correct alphabetic order: A «designated certification authority means the Director or delegate of the Department of Electrical and Mechanical Services.» Amendment of the principal law by incorporating a new section. 3. The principal law is amended by incorporation, right after section 5 of the present, of the following new section: «Defining standards for breath test instruments. 5 Α.-(1) The Minister, by an Order published in the Cyprus Government Gazette, sets the standards which shall be met by the preliminary and final breath test instruments. (2) The Minister may issue Orders by which, standards for instruments used for detection or establishment of alcohol in the breath are incorporated, suspended or amended. (3) The designated certification authority verifies that the preliminary and final breath test instruments meet the standards which have been set by the Minister. (4) Every preliminary and final breath test instrument is used only after certification by the designated certification authority.» Amendment of section 10 of the principal law. 4. Section 10 of the principal law is amended by incorporating the following new subsection, right after the end of the proviso of subsection (4) of the present: «(5) In cases of printed results automatically yielded after 1 January 2000 by instruments imported and functioning before 1 January 1999, the year of the date read on these prints should read as if the first two numbers of the year were 20 (i.e., 2000) instead of 19 (i.e., 1900) that these instruments may read.».
ANNEX THREE OF THE CYPRUS GOVERNMENT GAZETTE No. 3405, 5 MAY 2000 ADMINISTRATIVE ACTS R.A.A. 116/2000 Number 116 PART 1 Regulatory Administrative Acts THE ROAD SAFETY (AMENDMENT) LAW OF 2000 Order by virtue of subsection 1 of section 5Α The Minister of Communications and Works, by virtue of the provisions of subsection (1) of section 5Α of the Road Safety (Amendment) Law of 2000, issues the following Order. 1. The present Order shall be cited as the Preliminary and Final Test Instruments for Detection of the Volume or Percentage of Alcohol Read in the Breath (Standards) Order of 2000. 2. The preliminary and final breath test instruments used so to comply with the provisions of the Law shall meet the specifications of the conforming products list referred to in the Table below. TABLE (a) International Organization of Legal Metrology OIML R126 published in 1998. (b) National Highway Traffic Safety Administration of the United States of America, N.H.T.S.A. conforming evidential alcohol testing instruments list, published on 24.2.1998: Provided that for the purposes of the present Order only those fields and paragraphs of the above conforming standards apply, concerning instruments of detection of the volume or percentage of alcohol read in the breath and in the testing methods.
Ε.Ε. App. ΙΙΙ(I) R.A.A. 117/2000 No. 3405, 5.5.2000 Number 117 CORRIGENDUM Relating to the Weights and Measures (Packaged Goods) Regulations of 2000 (Regulatory Administrative Act no. 82 of 2000) published in Annex III, Part Ι of the Cyprus Government Gazette by number 3395, dated 24 March 2000, the following correction shall apply: Table 1 of Regulation 10 to be replaced by the following new Table: «TABLE 1 Nominal quantity (Qn) Tolerable negative error in g or ml as % of Qn g or ml 5 50 50 100 100 200 200 300 300 500 500 1.000 1.000 10.000 10.000 15.000 over 15.000 9 4,5 3 1.5 1 4,5 9 15 150».
Ε.Ε. App. I L. 174/86 No. 2187, 14.11.1986 The Road Safety Law of 1986 is published in the Cyprus Government Gazette according to Section 52 of the Constitution. Number 174 of 1986 ROAD SAFETY COUNCIL COMPOSITION AND ROAD SAFETY AND OTHER RELATED MATTERS LAW The House of Representatives enacts as follows: Short title. 1. This Law may be cited as the Road Safety Law of 1986. Interpretation 2.-(1) In this Law, unless a different definition is provided, a blood sample means a satisfactory volume of blood for laboratory testing; a breath sample means a breath sample deemed satisfactory to conduct a preliminary or final test; breath means the exhaled air during the natural process of breathing; a printed result means the printed indication of the volume or percentage of alcohol found in a breath sample taken by use of a breath test instrument; a laboratory testing means the normally applied scientific method for detection of alcohol in the blood; a safety seat belt means any belt specially manufactured to constraint and immobilize a seated person in any motor vehicle, which meets the specifications of the standards set by Order of the Minister, by virtue of section 12; Ch. 250. 30 of 1959, 30 of 1961, 53 of 1961, 79 of 1968, 114 of 1968, 14 of 1974, 18 of 1979. a physician means any person registered as a physician by virtue of the provisions of the Physicians Registration Laws; a set limit, depending on the circumstance, means:
(a) 39mg of alcohol per 100ml of breath; or (b) 90mg of alcohol in 100ml of blood; a motor vehicle means (a) any private or public use motor vehicle with the capacity to carry no more than 8 seated passengers; and (b) any light motor track with a mass not exceeding 40 hundredweights; a hospital means any public or private quarters which exclusively provide with medical care; a vehicle means any means for the transportation of people or cargo, either propelled by a motor or otherwise, and which includes any cart pulled by animals, any two-wheel, three-wheel or four-wheel vehicle set in motion by virtue of human energy, and any other means manufactured or adapted for such a purpose; a preliminary test means a specimen breath test of a person using an instrument which provides an indication relating to the existing volume of alcohol in the breath specimen and which meets the specifications jointly set by the Ministers of Communications and Works and of the Internal; a front seat means the seat of the driver of a motor vehicle and the seat (if any) next to that of the driver of a motor vehicle, in the front of a motor vehicle. In cases where the motor vehicle seats more than two front passengers, for the purposes of this Law only the driver seat and the seat which is further away to that are taken into account; no other seats between the two are considered; 68 of 1975, 6 of 1977. a standard shall cover any definition referred to in the Cyprus Standards and Quality Control Laws; an instrument means any instrument intended for detection of the volume of the percentage of alcohol in the breath specimen, which meets the specifications jointly set by the Ministers of Communications and Works and of the Internal; a final test means a specimen breath test of a person using an instrument, to detect the exact volume or percentage of alcohol in the breath specimen and to provide with the associated specific evidence as to such a volume or percentage of alcohol in the breath specimen;
86 of 1972, 37 of 1974,.. of 1976,.. of 1978, 64 of 1978, 72 of 1981, 83 of 1983, 75 of 1984, 9 of 1982, 84 of 1984. a traffic offence means any violation of the provisions of the Motor Vehicles and Road Traffic Laws, of the Transfer of Traffic Laws and their Regulations and of this Law; a Minister means the Minister of Communications and Works. (2) The definitions referred to in this Law shall meet the definitions referred to in the Motor Vehicles and Traffic Laws. PART I ROAD SAFETY COUNCIL Road Safety Council Composition. 3.-(1) The Road Safety Council is hereby composed at the Ministry of Communications and Works, consisting of the following: The Permanent Secretary of the Ministry of Communications and Works as Chairman and of authorized delegates of the following, as members: of the Attorney-General of the Republic, of the Permanent Secretary of the Ministry of Education, of the Permanent Secretary of the Ministry of Health, of the Permanent Secretary of the Ministry of Finance, of the Permanent Secretary of Cyprus Broadcasting Corporation of the chief of Police, of the Director of the Public Works Department of the Ministry of Communications and Works and, of the Director of the Department of Road Transport of the Ministry of Communications and Works and (2) In the case of nonattendance or impediment of the Chairman, the members of the Council shall elect one of the above to act as Chairman. Every other procedural matter, including quorum, is regulated by the Council.". Powers of the Road Safety Council. 4.-(1) The Road Safety Council examines:-
(a) the application ways and procedures of this Law and of other related Laws and Regulations which concern the safe transport of the public on public roads and other public places; (b) the necessity, intentionality or possibility of adopting new institutional or practical measures to improve the level of road safety in the territory of the Republic; (c) the necessity of modifying or abolishment or introduction of new provisions related to the road safety or traffic legislation; (d) any other subjects that may be assigned by the Minister. (2) The Road Safety Council, after examining the issues referred to in subsection (1), shall accordingly submit its reports and suggestions to the Minister. (3) During the examination of the issues referred to in subsection (1), the Road Safety Council may seek the opinions of persons or organizations. PART II DRIVING UNDER THE INFLUENCE OF ALCOHOL Driving at a time when the volume of alcohol in the breath exceeds the prescribed limit. 5. Any person driving or attempting to drive any vehicle on any road or other public place, having consumed alcohol in any form so that the volume of alcohol found in the breath or blood test of than person is over the prescribed limit, is guilty of an offence. Preliminary breath sample test 6.-(1) In case that the police officer has reasonable cause to suspect that: (a) any person who is driving or attempting to drive a motor vehicle on the road or in a public place has consumed alcohol or has committed a moving traffic offence; or (b) any person who is driving or attempting to drive a motor vehicle on the road, or in a public place has consumed alcohol and is still under the influence of alcohol; or (c) any person who is driving or attempting to drive a motor vehicle on the road, or in a public place was involved in a moving traffic accident; by virtue of the provisions of section (9), may request a preliminary test breath sample by that person. (2) Irrespective of the existence of a reasonable cause of suspicion referred to in subsection (1), a police officer, by virtue of the provisions of section (9), may request a
preliminary test breath sample by any person driving or attempting to drive a vehicle on any road or other public place. (3) In the case of a traffic accident because of the presence of any vehicle on any road or other public place, a police officer, having reasonable cause to suspect that a person was driving or was attempting to drive a vehicle at the time of the traffic accident referred to in subsection (3), may request a preliminary test breath sample by that person, by virtue of the provisions of section (9). (4) By virtue of the provisions of subsections (1), (2) or (3), a breath sample may be requested by a person, either at the roadside or, where possible, at the closest police station. (5) Any person who, without a reasonable cause, refuses or fails, by virtue of subsection (4), to drop by the designated police station or refuses or fails in any way to provide a breath sample when this is requested by them by virtue of the provisions of this section, is guilty of an offence. (6) A police officer may arrest any person without a warrant if that person refuses or fails in any way to provide the requested, by virtue of the provisions of this section, breath sample and the police officer has a reasonable cause to suspect that that person has consumed alcohol; However, by virtue of the provisions of this subsection, no person is to be arrested if that person is receiving medical treatment at a hospital. Final breath sample test. 7.-(1) In order to examine whether any person, on the basis of the preliminary test breath sample they provided, has committed an offence in violation of the provisions of section (5), by virtue of the provisions of this section and the provisions of section (9), any police officer may request a second, final breath sample, at least ten minutes after the time the preliminary test breath sample was taken. Provided that, abiding by the provisions of section (9), if the person requested to provide a final test breath sample has been in any way injured, such a breath sample may only be provided with the consent of a physician. Provided moreover that, if the taking of a breath sample is not advisable due to a medical condition and this is certified by a physician, any police officer, acting by virtue
of the provisions of subsection (1), may request, by virtue of the provisions of section (9) that the person provides a blood sample for laboratory testing. (2) According to the provisions of subsection (1), a breath sample is best to be taken at the closest place where the necessary such technical equipment can be found. (3) If, during the final test of both breath samples which were provided by virtue of the provisions of this section, the two readings differ, then for the purposes of this Law, the lower reading shall be taken into account. (4) Any person who, without a reasonable cause refuses or fails to make the place where the necessary technical equipment for a final test can be found, or refuses or fails in any way to provide a breath sample when this is requested by virtue of this section, is guilty of an offence. (5) In case a police officer requests any person to provide a breath sample by virtue of the provisions of this section, the police officer is obliged to inform the person that refusal or avoidance to provide the requested sample may form a criminal offence. Reasonable cause for refusal to provide a breath sample. 8.-(1) For the purpose of subsection (5) of section (6) and of subsection (4) of section (7), a reasonable cause according to which a person may refuse to provide a breath sample, is hereby defined as a cause relating to medical conditions, certified in print by a physician. Such a certificate is produced in the presence of a police officer at the time such a breath sample is requested, or within three days of that at the latest, at the closest police station to the person s house. (2) If the person who has refused or failed to provide a breath sample fails, by virtue of subsection (1), to produce the expected medical certificate within the prescribed time space, that person will be deemed as refusing or avoiding to provide the requested breath sample without any reasonable cause. Protection of persons receiving medical care in a hospital. 9.-(1) A breath or blood sample shall not be requested for the purposes of this Law to be provided by a person receiving medical care in a hospital, unless the physician treating that person, in accordance to the provisions of subsection (2), allows the requested
sample to be taken, and under the condition that the sample shall be provided at the hospital where the person is treated. (2) The physician who treats any person by which a breath or blood sample is requested for the purposes of this Law, may refuse to allow any such requested sample to be taken only if they deem either that providing this sample or the warning referred to in subsection (5) of section (7), may negatively affect the treatment of the health condition of that person. (3) A blood sample requested by virtue of the provisions of the second proviso of subsection (1) of section (7) is provided only by consent of the person requested to provide such a sample: Provided that, in the case where the person requested to provide a blood sample refuses or is in no position, due to a health condition, to consent to provide such a sample, a sample of the blood that may have been taken from this person for the needs of their treatment may be used for laboratory analysis; this shall be certified by the physician who treats that person. Evidence for the volume of alcohol in the breath or blood sample of the defendant. 10.-(1) For evidential purposes concerning the volume of alcohol contained in the breath or blood of the person charged with violation of the provisions of section (5), the volume of alcohol contained in the breath or blood sample provided by that person by virtue of the provisions of this Law shall be taken into consideration; for the purposes of this Law, it shall be considered that the volume of alcohol contained in the breath or blood of the defendant during the time at which that person was driving or was attempting to drive, equaled or exceeded the volume of alcohol contained in the breath or blood sample provided by that person. (2) The provisions of subsection (1) of this section shall not be applicable if the defendant proves - (a) that he had consumed alcohol at a time later to the time that person quitted driving or attempting to drive any vehicle while that was on any road or other public place and before a breath or blood sample was provided and, (b) that if that person did not act thus, the volume of alcohol contained in the breath or blood sample provided would not exceed the prescribed limit.
(3) The following are considered as evidence in a criminal proceeding, for an offence committed in violation of the provisions of this Law, of the volume of alcohol contained in a breath or blood sample - (a) a printed result, automatically yielded by the instrument used for the final breath test, accompanied by a certificate either on the printed result or otherwise and signed by a police officer, by which it is certified that such a printed result is relevant to the breath sample provided by the defendant at the recorded date and time; or (b) a certificate signed by any chemist employed by the State General Laboratory, concerning the volume of alcohol found during the laboratory testing to be contained in the blood sample referred to in the certificate. (4) Any document that is the printed result, certificate or both, which are referred to in paragraph (a) of subsection (3), are accepted by the Court of Law as evidence on the part of the prosecution; the presence in the Court, of the examiner of the breath sample who has signed such police documents is not necessary, unless the Court of Law orders otherwise: Provided that, the Court of Law may refuse to accept any certificate or other document presented as a certificate as evidence, where if the defendant provides the Court and the Prosecution with a notice, at least three days before the trial date of the case or within such a deadline which the Court allows in special cases, by which the presence of the person that signed or is said to have signed the certificate or other document would be required. Offences and penalties. 11. Any person committing an offence by virtue of the provisions of subsection (1) of section (5), of subsection (5) of section (6) or of subsection (4) of section (7), is liable, in the case of conviction, to imprisonment not exceeding two years or to a fine not exceeding one thousand pounds or to disqualification not exceeding twelve months or to all or any of such penalties. PART III SAFETY SEAT BELTS Defining safety seat belts standards and control.
12.-(1) The Minister, by an Order published in the Cyprus Government Gazette, designates the standards, the specifications of which safety seat belts used for the purposes of compliance to the provisions of the present Law shall meet, as well as the national or international organizations whose certification concerning the observance of such specifications related to specific safety seat belts shall be accepted in the Republic. (2) The Minister may issue Orders by which to regulate matters of installation and use of safety seat belts in any vehicle. By these Orders a different regulation may apply concerning vehicles of different categories, different persons or categories of persons and different cases, and such exceptions may be introduced which, in the Minister s judgment, are intentional or necessary. (3) Any Order issued by virtue of the provisions of the present section, shall be presented at the House of the Representatives for briefing, fifteen days before its publication. Defining safety seat belts standards and control. 13. The Registrar may, at any time, call the owner of any motor vehicle or the owners of any motor vehicle category to present their vehicles for inspection of the safety seat belts attached to the vehicle(s), relating to the standard specifications, and to their safety. Obligation for the installation of safety seat belts. 14.-(1) By Order of the Minister published in the Cyprus Government Gazette, no motor vehicle shall be registered by the Registrar, from the date set for this purpose, unless it carries safety seat belts fixed to the structure of the vehicle by appropriate means, for use by the driver and the person seated in the other front seat of the vehicle. (2) Every registered motor vehicle, from the date set for such purpose by Order of the Minister published in the Cyprus Government Gazette, shall carry safety seat belts fixed to the structure of the vehicle, for use by the driver and the person seated in the other front seat of the vehicle. Provided that, following a permit by the Registrar, the provisions of subsection (2) do not apply in the cases of vehicles in which, in the Registrar s judgment, the installation of safety seat belts or safety restraints is technically impossible or exceptionally complex. Obligation for the use of safety seat belts.
15.-(1) Any person driving a vehicle on any road or other public place and any front seated passenger over the age of 10 is obliged, from the date set for this purpose by Order of the Minister published in the Cyprus Government Gazette, to use a safety seat belt. Provided that from such a date, any person over the age of 5 and under the age of 10 may be seated in a front seat of the vehicle while the vehicle is in motion on any road or public place, only if that person uses a safety seat belt which is suitable by means of manufacturing for use by a person of such age and the standard of which has been approved by the Registrar. (2) No person under the age of 5 shall be seated in any front seat of a motor vehicle while the vehicle is in motion on any road or other public place. Exemptions to the obligation to use a safety seat belt. 16.-(1) The provisions of subsection (1) of section (14) do not apply in the case where (a) a person for whom an exemption certificate is issued by the Registrar. This certificate has been issued by a physician, stating that for health conditions the use of safety seat belts is not advisable, permanently or for a particular space of time: Provided that, the exemption certificate may apply either for a particular time space or indefinitely; (b) a person permanently resides abroad and drives a motor vehicle or is a passenger in a motor vehicle temporarily imported in the Republic, and in which vehicle no safety seat belts are installed, given that such a temporary import does not extend beyond six months; (c) any person or any category of persons may be exempt from the Orders which may be issued by virtue of the provisions of subsection (2) of section (12). Offences and penalties. 17.-(1) With the exemption of an owner of a hire-purchased vehicle, any owner or holder of a motor vehicle who refuses or fails to comply with the provisions of subsection (2) of section 14 is guilty of an offence and is liable on conviction, to imprisonment not exceeding three months or to a fine not exceeding 150 pounds or to both these penalties. (2) Any person violating subsection (1) of section 15 is guilty of an offence and is liable on conviction, to imprisonment not exceeding six months or to a fine not exceeding 250 pounds or to both these penalties.
(3) Any person driving a motor vehicle on any road or public place, who allows or tolerates the non-compliance of another person to the provisions of section 15 is guilty of an offence and is liable on conviction, to the penalties referred to in subsection (2) of this section. Driving license disqualification. 18. Irrespective of the fining of the persons referred to in section 17, the Court may order that any person found guilty of an offence by virtue of the provisions of subsections (2) and (3) of section 17, have their driving license or the right to acquire one disqualified for a period not exceeding three months from the date of conviction. PART IV MISCELLANEOUS PROVISIONS Penalties for violating this Law. 19. Any person violating the provisions of this Law and of the Regulations issued by virtue of such Law, is guilty of an offence and in the case no other penalty is intended for such an offence, is liable to imprisonment not exceeding six months or to a fine not exceeding 250 pounds or to both these penalties. Authority to issue Regulations. 20.-(1) The Council of Ministers may issue Regulations for the better appliance of the provisions of this Law and through these Regulations, to determine or regulate any matter that needs or admits to be determined or regulated. (2). Any Regulations made by virtue of this section shall be laid before the House of Representatives, which shall have the power to approve, amend or reject them within thirty days from the date they were laid. If the House of Representatives approve the Regulations with or without amendment, or if the time limit of thirty days has elapsed, the Regulations shall come into force from the date of their publication. Coming into force of this Law. 21. This Law comes into force on the date set by the Council of Ministers, published in the Cyprus Government Gazette; different dates may be set for various provisions of this Law to enter into force.
Ε.Ε. App. 1(1) No. 4075,10.3.2006 L. 24(Ι)/2006 The Road Safety (Amendment) Law of 2006 is published in the Cyprus Government Gazette according to Section 52 of the Constitution. Number 24(1) of 2006 AMENDMENT TO THE ROAD SAFETY LAWS The House of Representatives enacts as follows: Short title. 174 of 1986, 33(1) of 2000, 108(1) of 2001, 50(1) of 2003, 60(1) of 2003, 173(1) of 2003. 1. This Law may be cited as the Road Safety (Amendment) Law of 2006 and shall be read as one with the Road Safety Laws of 1986 to 2003 (hereinafter referred to as "the principal law") and the principal law and the present Law may together be cited as the Road Safety Laws of 1986 to 2006. Amendment of section 2 of the principal law. 2. Subsection (1) of section 2 of the principal law, is amended as follows: (a) Replacement, in the definition of the term "set limit", of number "39" by number "22" (first line of paragraph (a))' and (b) Replacement of number "90" by number "50" (first line of paragraph (b)). Replacement of section 3 of the principal law. 3. Section 3 of the principal law is replaced by the following new section: Road Safety Council Composition. 3.-(1) The Road Safety Council is composed at the Ministry of Communications and Works; this consists of the following: (a) The Minister of Communications and Works as Chairman and (b) authorized delegates of the following, as members: (i) of the Permanent Secretary of the Ministry of Communications and Works (ii) of the Permanent Secretary of the Ministry of the Interior (iii) of the Permanent Secretary of the Ministry of Education (iv) of the Permanent Secretary of the Ministry of Health
(v) of the Permanent Secretary of the Ministry of Finance (vi) of the chief of Police (vii) of the Director of the Public Works Department of the Ministry of Communications and Works (viii) of the Director of the Department of Road Transport of the Ministry of Communications and Works and (ix) of the Chairman of the Cyprus Scientific and Technical Chamber. (2) The Minister of Justice and Public Order also participates in the Road Safety Council. (3) In the case of nonattendance or impediment of the Minister of Communications and Works, the Permanent Secretary of the Ministry of Communications and Works acts as Chairman. (4) Every procedural matter, including quorum, is regulated by the Road Safety Council.". Amendment of section 4 of the principal law. 4. Section 4 of the principal law is amended as follows: (a) Replacement, in subsection (2) of the present, of the phrase "reports and suggestions towards the Minister" (lines two and three) by the phrase "decisions and suggestions towards the Ministry of Communications and Works "' (b) Replacement, in subsection (3) of the present, of the word "study" (first line) by the word "inspection"' and (c) Incorporation, right after subsection (3) of the present, of the following new subsection: "(4) The Road Safety Council may decide the composition of interdepartmental committees and working groups for technical treatment of the matters referred to in subsection (1).".