DECREE
ON PROCLAMATION OF THE LAW ON ROADS OF THE FEDERATION BOSNIA
AND HERZEGOVINA
The Law on roads of the Federation Bosnia and Herzegovina brought by the Federation
Bosnia and Herzegovina Parliament, at session of the House of Representatives held on 13
December 2001 and session of the House of People held on 14 December 2001 is being
proclaimed.
Number 01-3-6/02
8 February 2002,
Sarajevo
President
of the Federation B&H
PhD Safet Halilovic, signatory hereto,
THE LAW ON ROADS
I
GENERAL PROVISIONS
Article 1
This Law defines legal position of public roads, economizing with roads, use of roads,
maintenance, protection, reconstruction and construction of roads, financing of roads, roads
concessions, the report on serviceable and traffic conditions as well as roads protection
measures, supervision of roads, fines and other issues of importance for the Federation Bosnia
and Herzegovina.
Article 2
Roads, for the purposes of this Law, are designated as any surface used for traffic.
Roads are divided on public roads and non-categorized.
According to their social, economical and territorial significance, public roads are categorized
(classified) as magisterial, regional and local roads, as well as roads in cities and villages.
Roadways are considered as an integral part of the magisterial, regional and local roads that
passing through villages and cities.
Article 3
The non-categorized road is a surface that is used for traffic upon any bases, accessible to a
large number of users.
The use, maintenance, protection, reconstruction and construction of non-categorized roads as
well as supervision work over these roads is regulated by the city and municipal legislature in
accordance with this Law.
Article 4
Roads are of public goods in general use, owned by the state, and are considered objects of
interest of the Federation of B&H (hereinafter: Federation).
2
No one may acquire ownership over the roads or any other substantive rights upon any bases.
Exceptionally, only on the public roads, following servitudes could be acquired for following
purposes: the right to lay-down pipelines, waterworks and cables but with precondition not to
obstruct or endanger safety and stability of roads.
Article 5
According to the type of traffic, public roads might be aimed for mixed traffic or traffic of
motor vehicles.
Public roads, or the part of public roads could be determined only for use of motor vehicles
only if appropriate parallel roads aimed for some other types of traffic already exist.
The purpose of public roads in use is determined by roads conditions and traffic flow.
The purpose of the roads is determined upon investment-technical documentation for roads
construction (project documentation) in accordance with relevant technical regulations.
Article 6
Public roads are made of:
-Upper and lower layer of the roads;
-Constructive elements: bridges, underpasses, overpasses, tunnels, galleries, supporting and
coating walls, under-corridors and over corridors;
-Drainage equipment;
-Land belt on both sides of the roads, at least one meter wide, measuring from the line
connecting the end points of cross-sections of the roads (width of the Roadway);
-Roads area in the width consisting of: Road body width and width of land area and area
where roads maintenance facilities, road houses, gas stations, parking lots and other facilities
necessary for roads maintenance and providing services to the vehicles, as foreseen in the
road design;
-Air space above the roads in the height of seven meters;
-Weighing scales and weighing facilities and traffic control facilities;
-Connections to the public roads in the width of the road area;
-Traffic signalization (horizontal, vertical, lights) road protection devices, transport against
snowdrifts, wind, earth deposits, direction signs, milestones, railing, roads
telecommunications and telecommunication equipment, public lights used for traffic, road
signs, detectors and traffic counters, ventilation in tunnels, fences, parking meters, noise
reduction devices and other devices for reducing harmful effects of the traffic, traffic TV
cameras and TV devices and parking facilities;
-Road maintenance houses, and other facilities needed in maintaining roads and environment
(snow screens, wind screens, protection from earth falls, protective and safety fences).
Article 7
Public roads from article 3 of this Law are:
1.
Magisterial public roads (hereinafter: magisterial roads) are the roads that
are connecting the whole space of the state of Bosnia and Herzegovina, the
Federation of Bosnia and Herzegovina and are integrated into the European
Roads network, that make up an interdependent Roads network.
3
2.
Regional) public roads (hereinafter: regional roads) are the roads
connecting towns and locations within one or several cantons, which are
integrated in the territory of the canton, and make up an interdependent
traffic network of one or several cantons, connected to the network of
magisterial roads.
3.
Local public roads (hereinafter: local roads) are the roads making up an
interdependent traffic network of the municipality and are connected to the
network of cantonal-regional or magisterial roads.
Article 8
Public roads from article 7 of this Law are classified on the basis of criteria passed by the
Government of the Federation of Bosnia and Herzegovina (hereinafter: Government) upon
proposal made by the Federal Minister of Traffic and Communication (hereinafter: Ministry).
The legislation on categorization of local public roads from article 7 of this Law enacts the
Cantonal Government upon proposal of the Cantonal Minister of Traffic and Communication
with consent of the Federal Minister of Traffic and Communication. (Hereinafter: Ministry).
The Act (enforcement regulation) on categorization of magisterial roads is to be brought by
the Government of the Federation B&H upon proposal of the Federal Minister.
The Act (enforcement regulation) on categorization of local roads is to be brought by cantonal
government upon proposal of authorized minister.
Article 9
The road parts that became not an integral part after the reconstruction, will have their status
changed or lose the category of public road.
The project documentation will determine construction, reconstruction, and connection to the
main roads for referent public road parts from previous paragraph in order to serve for traffic
purposes.
The decision on status of abandoned part of the road from paragraph 2 of this Article is to be
brought by authorized Ministry.
II. - ROADS MANAGEMENT
1.Roads Directorate of the Federation Bosnia and Herzegovina
Article 10
Government of the Federation Bosnia and Herzegovina (hereinafter: the Founder) is founding
Roads Directorate of the Federation Bosnia and Herzegovina (hereinafter: Federal Roads
Directorate).
Roads Directorate of the Federation Bosnia and Herzegovina is the only manager of
magisterial roads infrastructure within the Federation.
The title of Directorate is following: Roads Directorate of the Federation Bosnia and
Herzegovina.
Abbreviation for the Directorate is following: D.C. FB&H.
The Headquarters is placed in Sarajevo.
4
Tasks of the Directorate are following: providing of material (transl.remark: usually funds)
and other conditions for purpose of maintenance, reconstruction, construction and
management over magisterial public roads and securing of technical-technological unity of
public roads system.
Tasks are to be developed in more detailed manner by the Statute of the Roads Directorate.
Capital of the Roads Directorate is comprised of roads infrastructure-Federal property.
Article 11
The goal for founding of
magisterial roads:
Directorate is to perform the following duties and tasks for
1. Prepares long term and mid term plans for development of roads, maintenance,
protection, reconstruction, construction and maintenance of Roads and Roads
facilities;
2. acts as investor in rehabilitation, maintenance, protection on roads and facilities,
reconstruction and construction of public roads;
3. acts as investors in securing necessary feasibility studies and design
documentation for public roads;
4. ensures implementation of measures and activities aimed at improved traffic safety
on public roads;
5. undertakes appropriate measures related to protection and safety on public roads
and traffic;
6. Proposes financial plans, and improvement in collection of fees for road needs;
7. manages on cadastre of roads and facilities, land belt, traffic marks and signals and
installed equipment;
8. Inform public on road conditions and traffic flow
9. Secures technological unity of the public roads system through implementation of
strategies and actions to protect the environment from harmful influence on road
traffic.
Article 12.
In order to meet requirements of its function, the Roads Directorate devotes special
attention to social interest, matching needs of users, protection of goods of general public
interest as well as environmental protection. Labor of the Roads Directorate is to be
harmonized with other relevant systems both here and abroad and with general economic
development of the country.
5
Article 13.
Federal Ministry of Transport and Communication, upon proposal and with goal to
carry out operational tasks related to maintenance and protection of magisterial roads, may
transfer a part of operational tasks to authorized cantonal institutions.
Institutions from paragraph 1 of this article are to define ways of execution of
transferred works related to maintenance of magisterial public roads by the contract.
Article 14.
In order to improve operation efficiency and rationality the Roads Directorate with
consent of its Founder may establish certain legal entities under conditions prescribed by the
law, for the purpose of undertaking of particular activities of their original scope of work.
Rationality and efficiency on founding of entities stated in paragraph 1 of this article is to be
defined upon bases of elaborate on justification of founding. Roads Directorate Foundation
Act will define in more detailed manner rights, obligations and responsibilities of the Roads
Directorate and Entities.
The Roads Directorate is obliged to get the Founder’s opinion and opinion of the
Federal Ministry of traffic and communication before bringing decision on founding of
entities from paragraph 1 of this article.
Article 15.
The Roads Directorate brings their own development plans in accordance with laws of
the Federation of Bosnia and Herzegovina and Bosnia and Herzegovina.
Article 16.
The Roads Directorate, accordingly to their own development plan, within the scope
of their activities and with consent of the Founder may: undertake activities for securing of
funds that are aimed for rehabilitation, reconstruction and modernization of roads
infrastructure that are allocated to Roads Directorate to be managed with or to legal entities
founded by the Roads Directorate.
Article 17.
The Roads Directorate will act in accordance with international conventions signed by
Bosnia and Herzegovina.
6
The Roads Directorate is entitled to enter into a membership of international
professional organizations if not under the jurisdiction of Bosnia and Herzegovina.
2. The Roads Directorate bodies
Article 18
The Founder realizes right to manage over Roads Directorate through the Management
Board.
Article 19.
The Roads Directorate management and administration bodies are: Management
Board and management body.
Article 20.
Management Board has 11 members, comprised of one representative from each
canton proposed by the authorized cantonal institution and one representative of employees
within the Roads Directorate.
Members of the Management Board are to be appointed and released by the Founder
upon proposal of the Federal Ministry of traffic and communication, fully aware of the
ethnicity component within members.
Members of the Management Board are to be primarily prominent experts at economy,
finance, law and civil engineering –low construction.
While founding, the Founder determines president and deputy president.
Members of the Management Board are to be appointed for four years time period
involving right to be re-elected.
Article 21.
Members of the Management Board may submit resignation on membership to the
Founder. Resignation is to be in a written form.
Member of the management body is not entitled to be member of the Management
Board at the same time.
Post of the member in resignation or revoked is to be filled up by the new member of
the Management Board within 30 days from the date of resignation submission or revocable.
Article 22.
7
President of the management Board runs sessions and represents the Management
Board.
In a case of absence, president of the Management Board is to be replaced by the
deputy.
Appointment, release, revocation and resignations of members of the Management
Board are to be defined in more detailed manner by the Roads Directorate Statute, and models
of execution are to be defined by the Standing Orders on labor of Management Board.
Article 23
Management body is participating in sessions of the Management Board and is
entitled for suggestions but not for participation in decision-making.
Article 24.
Management Board:
-Defines business and development policy
-Brings decision on adoption of business and development plans,
-Decides on status changing
-Decides on founding of other entities and appoints management boards of those ones,
-Decides on purchase of shares, or participation of other entities and institutions,
-Decides on allocation of gain, and with consent of the Founder brings investment
decisions,
-Appoints and releases management body with consent of the Founder
-Adopts business reports of the Roads Directorate and annual financial statement,
-Brings act on internal organization,
-Performs other duties defined by the Statute.
Article 25.
Management organ of the Roads Directorate is General Director.
Deputy Director in full capacity replaces General Director in the case of his absence.
General Director and deputy General Director are to be appointed by the Management
Board for time period of four years and upon bases of public competition and under the
conditions prescribed by law and Statute and with consent of the Founder.
General Director and deputy director cannot originate from same constitutional
ethnicity.
8
If appointment of general director and deputy director was not executed, then the
Management Board will appoint acting directors at latest up to the one year time period.
Statute of the Directorate will define in more detailed manner models for selection and
release of management organ.
Article 26.
General Director of the Roads Directorate organizes and conducts labor process and
manages business operation, represents Roads Directorate both within country and abroad,
suggests bases of business policy, labor program and development plan and undertakes
measures for their implementation, submits business reports and annual financial statement,
appoints and releases employees with special authorities and responsibilities with consent of
the Federal Minister, proposes internal organization within Roads Directorate, performs other
tasks defined by law and the Statute.
3.General Acts of the Roads Directorate
Article 27.
Statute of the Roads Directorate is to be brought by the Management Board with consent of
the Founder within a time period of sixty days from the date of enactment of this law.
Accordingly to the Statute, Roads Directorate may have other general acts that are regulating
issues related to its business operation.
Other general acts from paragraph 2 of this article are to be brought by the Roads Directorate
Management Board if otherwise not prescribed by this Law or the Statute.
Article 28.
The Statute contents provisions especially related to:
-Company,
-Scope of works,
-Capital,
-Representation of Roads Directorate,
-Organs of the Roads Directorate,
-Organization of the Roads Directorate,
-Organization and traffic safety,
-Authorization in legal flow,
-Planning of work and development
-Allocation of gain and loss covering,
-Responsibility in running of managerial functions,
-General acts,
9
-Mutual rights and obligations between the Founder and Roads Directorate, and
-On other issues important for work and operation of Roads Directorate and its organizational
parts.
4.Responsibility of the Roads Directorate in a legal flow
Article 29.
The Roads Directorate is responsible with all their assets for their liabilities except goods in
general use given for their use.
Article 30.
The Founder is entitled to control matching of public interest and tasks for whose purpose
Roads Directorate is founded for, as well as rationality of their business operations, purposely
used funds and business success.
Control from paragraph 1 of this article is to be realized by submission and consideration of
annual financial statement of Roads Directorate.
Prior to submission of annual report from paragraph 2 of this article, it has to be conducted a
financial audit of the Roads Directorate in accordance with positive law.
In order to realize control from paragraph 1 of this article and upon request of the Founder,
reporting remains mandatory even in a shorter terms.
Article 31.
In a case of deficiencies of the Roads Directorate business operations, the Founder may
undertake measures in order to insure continuation of undisrupted operation of the Roads
Directorate such as: change of internal organization of the Roads Directorate, limitations
related to use of particular assets, prevention of poor execution of managerial functions,
protection from disregarding of law and embezzlement.
In a case from paragraph 1 of this article the Founder may undertake other measures
prescribed by law.
5.Jurisdiction of the Founder
Article 32.
The Founder:
10
1.realizes founder’s rights on behalf of the Roads Directorate,
2.provides consent on Roads Directorate Statute,
3.appoints and releases members of the Management Board and provides a consent for
appointment of general director and deputy director of the Roads Directorate,
4.defines road infrastructure development policy,
5.approves annual and development plans and reports of the Roads Directorate managerial
organ,
6.provides instructions and guidelines to the Roads Directorate Management Board
accordingly to policy on road infrastructure development,
7.provides mandatory instructions to organs to the Roads Directorate during the extraordinary
circumstances.
Article 33
Federation roads infrastructure is given to the Roads Directorate for the purpose of use and
management.
Article 34
Roads infrastructure of the Federation is to be recorded at the particular date of enforcement
of this law involving stated value for each item, and then the Roads Directorate will prepare
balance sheet accordingly to positive regulations.
Final balance sheet supposes to content integral roads property of the Federation.
6.Cantonal organs
Article 35
Authorized Cantonal institutions, in accordance with article 35 of this Law, perform the
following tasks and duties in regard to regional and local roads:
1. Prepare long term and mid term roads development plans;
2. prepare mid term and annual plans and programs of maintenance, protection,
reconstruction and construction of public roads;
3. prepares plan of rehabilitation;
4. acts as investor in maintenance and rehabilitation, reconstruction and construction
of public roads;
5. acts as an investor in ensuring necessary feasibility studies and project
documentation;
6. takes care of implementation of measures and activities on improving safety of
traffic on public roads;
7. takes measures to protect public roads and secure traffic on them;
8. proposes financial plans, ensures funding for the needs of the roads and payments;
11
9. manages on cadastre of roads and facilities, land belt, traffic marks and signals and
installed equipment;
10. Inform public on road conditions and traffic flow,
11. takes measures necessary for protection of environment.
Article 37
The Roads Directorate and authorized cantonal institutions are obliged to compensate any
damage to the user of public roads that is obeying road signs and regulations in a case of
omission of works from article 59 of this law.
The institutions from the paragraph 1 of this Article do have a right to damage compensation
claim, addressed to roads maintenance company (contractor) if the damage is caused due to
omission of timely execution of necessary works projected by rule from article 56 no matter
of direct or indirect damages for organs from paragraph 1 of this Article or for the third
persons.
The obligation of damage compensation for advantage of public roads users from
paragraph 1 of this Article could be fully transferred by the contract onto the legal entities or
natural persons hired for road maintenance.
III. CONSTRUCTION, MAINTENANCE, MANAGEMENT AND CESSION OF WORKS
OVER PUBLIC ROADS
1. Planning
Article 16
Public roads development Strategy determines goals and
maintenance of public roads for at least 10 year time period.
tasks on development and
Magisterial Roads Development Strategy is adopted by the Parliament of the Federation of
Bosnia and Herzegovina, upon proposal of the Founder.
Regional and local roads development strategy as well as streets in cities and villages is to be
brought by the Assembly of the canton upon proposal of the Cantonal Government.
Strategy contains:

Analysis of the conditions of magisterial, regional, local roads as well as streets in
cities and villages, involving necessity to develop public roads;

Need to maintain the existing public roads, involving principles of maintenance of
public roads;

Justification of construction of magisterial, regional and local roads as well as
streets in cities and villages.
Article 39
Priority in construction and maintenance of public roads determined in the strategy from
Article 38 of this Law must be based on territorial, demographic, technical, ecological traffic
analysis and economy justified traffic related technical solutions in order to increase the
volume of safety and traffic.
12
Article 40
A mid term program on maintenance and protection as well as program on reconstruction and
rehabilitation of public roads is being brought by authorized government in accordance with
strategy from Article 38 of this Law for the time period of four years.
Article 41
The annual maintenance and protection plan and program as well as program on
reconstruction and construction of public roads is being brought by the Federal Ministry of
traffic and communication with consent of the Founder upon proposal of the Roads
Directorate or authorized cantonal institution for regional and local roads and with consent of
authorized government.
2. Construction and reconstruction of public roads
Article 42
Construction of roads, for the purposes of this Law, means construction of roads prevailingly
on a new route.
Reconstruction of roads, for the purposes of this Law, means the works on the part of existing
roads, which change its basic characteristics for the purpose of increasing roads capacity and
quality of service.
Article 43
Technical documents for construction and reconstruction of public roads, in addition to the
documents otherwise required by Law on urban planning, has to contain the following:
1.
Design of vertical and horizontal traffic signalization, plan and program of
work of light signalizations, design of road equipment, light plan and
dendrology plan;
2.
layout of connection and cross-section of roads and connection of the
existing facilities on the public roads;
3.
Layout of the location outside the roads for construction accessory facilities
to be used as an attachment to the public roads, such as parking space, bus
station, gas station, garages, stopping surfaces, parking surfaces, surfaces
for exclusion of vehicles from traffic, phone booths;
4.
other conditions defined by law and regulations passed on the basis of the
law.
Article 44
The Federal Ministry of traffic and communication issues approval for construction
and reconstruction of magisterial roads in the procedure of obtaining urbanistic permit, while
the authorized Cantonal institution issues the same kind of approval for regional and local
roads.
Article 45
If an existing roads needs to be moved, the part of the road that is being moved has to be built
in accordance with standards applicable to the category of the roads, regardless of the actual
condition the road happens to be at the time of its move.
13
Costs of moving the road as defined under paragraph 1 of this article are to be paid by the
investor of the facility that is the reason for moving the road.
Article 46
Authorized cantonal ministries may require that the magisterial road that goes through a town
is constructed or reconstructed with elements which cause the increase in the construction
costs in comparison with roads outside the town, such as wider road, construction of
pedestrian sidewalk, parking space, putting up lamp posts and adjusting the road facilities to
special needs.
Increased roads construction costs, caused by requests from paragraph 1 of this Article are
mostly on expenses of applicant. The participation in financing of works from paragraph 1 of
this Article as well as the other relations with the Roads Directorate and authorized cantonal
ministry are regulated by the contract.
Article 47
In case of reconstruction of roads, the owners of the installations along the roads have to
move the installations or adjust them to the new situation on their own expense, unless the
permit for laying the installations or contract between the owner of the installations and the
Roads Directorate or authorized cantonal institution specifies otherwise.
Investor of the road reconstruction has to notify the owners of installation at least three
months before beginning of the works on road reconstruction and make available design
documents for insight.
Article 48
Crossing or connecting local and non-categorized roads with magisterial and regional
roads is done by directing two or several roads to the same spot of crossing or connecting, or
connecting several such roads before the crossing or connection.
If the newly constructed or reconstructed road cross or connect to the existing
macadam road, the existing roads have to be made with a modern roads surface in the length
of at least 20 meters measuring from the connection spot.
Costs of construction or reconstruction of the crossing or connection from paragraph 1
of this article, and of making the modern pavement from paragraph 2 of this article, is to be
paid by the investor of the roads that caused such expenses.
Article 49
If the roads got to cross the railway after construction or reconstruction, the costs of
construction overpass or underpass or protective devices on the crossing point are to be paid
by the investor of the roads.
If the crossing of the roads and railway was caused by construction or reconstruction of the
railway, the costs of construction underpass, overpass or protective devices on the crossing
point are to be paid by the investor of the railway.
The underpasses or overpasses build in accordance with provisions of paragraph 1 and 2 of
this article belong to the roads or railway, depending of whether they carry a road or railway.
Article 50
Directing two or more roads to a joint crossing point does crossing of a road with a railway.
14
On the location of road crossing a railway, the view triangles for road and railway have to be
secured, and other safety measures prescribed by law on Roads and railway traffic have to be
taken.
3. Road Maintenance
Article 51
Road maintenance, for the purposes of this Law, includes the works, which secure
uninterrupted and safe traffic and keeping the designed characteristics of the roads,
specifically:
1. Repairing the roads surface, body of the roads, supporting and coating walls;
2. Removing the fallen rocks and cleaning the roads surfaces and drainage system;
3. maintaining the roads sides and slopes, notches and cuts;
4. maintaining constructions on roads;
5. placing, replacing, repairing and removing traffic signalization and road
equipment;
6. moving grass and maintaining green surfaces and planted surfaces in the road belt;
7. maintaining necessary clear view of the roads and road signs in the road belt;
8. Cleaning snow and ice from roads surface and to salt it in order to prevent sliding;
9. renewing, replacing and reinforcing worn out surface;
10. reinforcing and replacing the pass-through and bridges up to ten meters, renewing
supporting and covering walls and protecting steel construction from corrosion;
11. construction of curbs and making walkways;
12. repairing landslides and rockslides;
13. keeping records on public roads;
14. Other jobs which ensure permanent, uninterrupted and safe traffic on public roads.
The works on extraordinary public Roads maintenance must be done exclusively in
accordance with design documents.
Article 52
Maintenance of public roads must be organized in such manner not to stop the traffic.
In case that the traffic has to be stopped, the Roads Directorate and Cantonal institutions that
are in charge of road maintenance, must inform all participants in traffic via means of public
information on stoppage of traffic not later than 48 h before the traffic is stopped.
Article 53
The Roads Directorate and authorized cantonal institutions are obliged to provide
maintenance of Roadways, the part of magisterial or regional Roads, which goes through the
town or village, or to participate in financing of maintenance in volume that originates from
the length and width of those particular roads within the site.
Within the city of village where special roads maintenance service is organized, that particular
service provides maintenance for part of magisterial or regional road that goes through the
town or village and authorized federal or cantonal institutions are participating in financing of
maintenance in accordance with premises of prior paragraph.
15
Direction, length, width of the part of magisterial or regional road that goes through town or
village, as well as the way and conditions for roads maintenance, are subject of agreement
between authorized federal and cantonal institutions and authorized municipality or town.
That agreement must regulate obligations related to establishing of two ways traffic flow on
magisterial or regional road that goes through town or village.
Article 54
If the agreement from the previous paragraph is not concluded, the final decision is to be
made by arbiter commission that is composed of four members: representative of the Federal
Ministry of traffic and communication, director of the Roads Directorate, director of cantonal
roads directorate or authorized person of authorized cantonal institution and mayor of
municipality or city. In a case that agreement related to prior paragraph is not reached, the
Federal Minister of transport and communication will bring decision in accordance with his
authority.
The procedure before arbiter commission is urgent.
Article 55
Railway-Roads crossing on two levels is fully maintained as a public road in the part located
above the railway, and only as a road and road installation when the public road is located
under the railway.
Article 56
List of works of the regular and extraordinary maintenance, scope of different works and
deadlines, information on public roads recorded and method of keeping records, ongoing
supervision of the conditions of public roads, ways and conditions of performing roads
service are regulated by the rulebook on roads maintenance, passed by the Minister.
4. Managing over roads and payment facilities
Article 57
For the purpose of this Law, jobs of managing over roads and road facilities for whose use
toll is to be paid are following:
1. constructions of roads and payable facilities (toll facilities);
2.
regular and extraordinary maintenance of roads and payable facilities (toll
facilities);
3. developing expert documents for preparing and allocation of concessions;
4. renting the accessory constructions or locations for providing services to road
users;
5. supervision of use and management of a Roads and payable facilities;
6. expert-technical supervision of construction of roads and payable facilities.
5. Cession of works
Article 58
The Roads Directorate and authorized Cantonal institution do not perform the reconstruction,
construction and maintenance of public roads directly.
16
The Roads Directorate and authorized Cantonal institution contract reconstruction and
maintenance of public roads to other legal entities and natural persons under conditions
prescribed by the federal regulation related to procurement of goods, services and contracting.
Construction, reconstruction and maintenance of public roads may be contracted only with
legal entity or natural person specialized and equipped for that kind of work.
Pre-qualification of contractors as well as bidding procedure for cession of road maintenance
works is to be determined every five years.
IV
MEASURES FOR PROTECTION OF PUBLIC ROAS AND TRAFFIC
Article 59
Motor vehicles and trailers, except vehicles with caterpillars must have inflated tires while
using a road.
Motor vehicles with caterpillars may use roads with contemporary road carriageway only if
appropriate coating with flat surfaces or some other coating covers caterpillars.
Exceptionally, from premises of previous paragraph, motor vehicles with caterpillars of B&H
Armed Forces, may use roads with contemporary carriageway no matter caterpillars are not
covered by appropriate coating, but with obligation to have the caused damage compensated.
Damage compensation claim from paragraph 3 of this article is to be determined by the
commission appointed by decision of the Founder, comprised of representatives of Federal
Ministry of traffic and communication and Federal Ministry of defense.
Horse-drawn cart with total weight over three tons must have wheels with inflated tires.
Article 60
Transport with cars that, empty or loaded, exceed allowed weight, axis pressure or
dimensions, or measures allowed for public roads, is considered extraordinary transport.
Vehicles may do transport from paragraph 1 of this article only with permit for extraordinary
transportation, if the condition of the public roads and traffic on it allows it.
Permit for extraordinary transport may be issued only for transport of undividable load, if
such transport cannot be organized by other means.
Conditions and method of extraordinary transportation is defined in the permit for
extraordinary transportation.
Permit for extraordinary transportation on a public Roads is issued by the Roads Directorate
or authorized Cantonal institution.
Methods and conditions for extraordinary transportation, procedure for obtaining the permit,
method of controlling axis pressure, total allowed mass and dimension of the vehicle on
public roads are defined in the Rulebook on specifying conditions of extraordinary
transportation and fees for extraordinary use of roads, adopted by the Minister and his
agreement with Federal Ministry of Interior.
Article 61
All costs of extraordinary transportation, such as cost of issuing the permit, taking special
security measures for extraordinary transport (additionally supporting of bridges, reinforcing
constructions and providing escort) and fee for extraordinary transport are paid by the
applicant.
17
Article 62
Control of axis pressure, total allowed mass and dimensions of the vehicle on public Roads
performs the Roads Directorate or authorized Cantonal institution as necessary and in
presence of the representative of the authorized agency of internal affairs.
In case that the control defined under paragraph 1 of this article shows that an extraordinary
transport is done without permit for extraordinary transport, the transporter is liable to pay a
compensation for the distance passed without the permit, such vehicle is excluded from
transport and the transporter who has overloaded the roads is liable to pay ten times the
amount of the fee prescribed for extraordinary transportation on public roads and control
expenses.
Exclusion of vehicle from traffic is being carried out by public roads inspectors, authorized
workers, ministries of interior, authorized federal and cantonal institutions prescribed by this
Law or the Agency that is hired to control of extraordinary transport.
The exclusion from traffic is done by removing of license plates from vehicle that committed
extraordinary transport without permission or if disregarded conditions in permission.
Transporter may continue the transport after he has paid the fee specified under paragraph 3
of this article to the authorized directorate for roads and after he has obtained a permit for
extraordinary transport, or reduces the total weight or axis pressure of vehicle to the allowed
limits or conditions stated within license.
While the vehicle is excluded from traffic, transporter is obliged to take care of excluded
vehicle and is responsible for any consequences that might occur from exclusion.
Supervision over allowed axis pressure and total weight of vehicles that are entering into
territory of Bosnia and Herzegovina is to be carried out within custom procedure at border
crossing.
Article 63
Legal entities or natural persons whose activity includes overusing public roads have to pay
compensation for overloading the public roads.
Measures for defining over-use of public road are prescribed by the Federal Minister of
transport and communication.
On the occasion of defining measures for overuse, the activity and frequency of transport
organized by the specific legal entity or natural person, and the extent of burdening the public
roads has to be taken into account.
Article 64
Protective belt next to the public roads (road protective belt) is a belt of ground where special
regulations for construction are set in order to protect public roads and traffic from harmful
impacts of different activities conducted in a space close to public roads.
Width of protective belt where construction of steel mills, cement factories or lime factories,
or other industrial pollutant (unclean industry), open coal mines, quarries, gravel pits,
artificial lakes or fish ponds must not be built is at least:
-
100 meters for highway,
-
60 m for magisterial roads,
-
at least 40 m for regional roads and
18
-
at least 30 m for local roads.
Width of protective belt where construction, erecting or locating business, accessory, housing
or similar constructions, industrial facilities which do not pollute air and environment (clean
industry) and similar facilities is not allowed, is at least 40 m from highway.
Width of protective belt for the facilities specified under paragraph 2 of this article and power
grids is:
-
At least 20 m for magisterial roads,
-
15 m for regional,
-
and local at least 10 meters.
Width of protective belt where construction, erecting or locating business, accessory, housing
or similar constructions, power lines, ground cables, pipelines nor any other industrial
facilities is not allowed, is at least 20 m from road.
Width of the protective belt is measured from the land belt from both sides of the road.
Pipelines, cables and power lines could be installed in protective road belt and only
exceptionally within the road belt, and places of crossing with railway, gas stations and
parking lots might be constructed within protective and belt of public roads only in
accordance with conditions prescribed by the approval of authorized federal or cantonal road
inspectors.
Federation Ministry for Land Planning and Environment, cantonal ministries as well as
federal and cantonal road inspectors ensures implementation of those provisions on width of
the protective area from this article.
Article 65
In already erected and populated village or city, the construction of facilities on civilengineering line of public roads, except highway, might be approved erection of building
from article 64 paragraph 2 of this law if such is projected by the adopted environmental
planned documentation.
If environmental planned documentation for populated village or city is not adopted, at least
in minimal volume, or if planned connection of new facilities on current magisterial, regional
and local roads is not resolved, further erection in the protection belt of these roads is
prohibited.
Article 66According to this Law, connection and access to the public roads is considered
connection point of public roads and all other surfaces from which vehicles are directly
entering or exiting to public roads.
According to this Law, crossing of two or more public roads is not considered connection and
access to the public roads.
Connection and access to the public roads may only be made on the basis of approval of
authorized federal or cantonal institution.
Works in a road belt could be carried out only by authorized Roads Maintenance Company or
specialized agency with prior approval of the Roads Directorate or authorized cantonal
institution.
19
The approval of the Roads Directorate or authorized cantonal institution is being issued only
upon the request of authorized municipal institution for urban planning that is obliged to bring
proposal on connection and access as an integral part within the feasibility study
documentation.
The Roads Directorate and authorized cantonal institution are not obliged to issue an approval
for connection or access to magisterial roads for facilities built on bases of civil-engineering
permission, without prior approval of authorized institutions.
Federal Minister of traffic and communication prescribes conditions for designing and
constructing connection and access from paragraph 1 of this Article.
The Federal Roads Directorate is authorized to require adjustments to already changed
conditions if the connection or access to public roads, due to increased volume of traffic or
use for the purpose that is not in compliance with the approval, does not meet requirements of
safety access and connection.
The expenses related to rearrangement of access or connections are to be paid by investor or
its legal successor.
If the connection or access to public roads is carried out without the approval of authorized
federal or cantonal institution or for the purpose that is not in compliance with approval, the
authorized institutions will ask user to demolish part of connection or access in the road belt
and if the owner or user of connection or access does not do that within a prescribed term,
authorized inspector of roads will issue an order to organization that is in charge for
maintenance to execute demolishing of access or connection on expense of user.
Article 67
The construction of new bus stops can be allowed on already built public roads with approval
of the Roads Directorate of authorized cantonal institution.
The Federal Minister prescribes minimal design conditions and layout of the bus stations.
Article 68
The Roads Directorate or authorized cantonal institution determine conditions for
construction and reconstruction of facilities and installations on public Roads and within the
protective belt of public roads by issuing of approval, and conditions for rearrangement of
space and erecting of facilities and installations within the road belt by issuing of consent.
Establishing conditions for planning the road area, as defined under paragraph 1 of this
article, for the facilities or installations located on the public roads or within the roads belt,
define the method, dynamics and deadlines for performing that work, involving minimal
distances between the facilities of same purpose as well as locations prohibited for
construction.
Article 69
In cases of road crossing at the same level, or road crossing railway, or inside road curve,
trees bushes nor high cultures may not be planted, devices, fences or other object preventing
clear view of the road or railway (clear view triangle).
The length of triangle side view is to be determined by technical documentation (project
documentation) of roads or railway.
20
Article 70
If the facilities for purposes of gathering, such as sport stadium, children playground, public
facilities of land that is for foreseen for hunting, cattle husbandry or pastry are located next to
the public roads, these facilities or land must be separated from road belt with protective
fence.
If the need for erection of protective fence from previous paragraph was caused by the
construction or reconstruction of public roads, the expenses related to erection and
maintenance of protective fence are to be paid by investor.
If the user of facility or land caused the need for erection of protective fence from paragraph 1
of this Article, the authorized inspection brings a decision that determines obligation of
particular user to erect and maintain protective fence.
If the user of the facility or land disrespects the decision from previous paragraph, the
authorized road inspector will issue an order for erection of protective fence on expense of
user.
Article 71
It is prohibited to undertake any works or activities on public roads and its road belt without
consent of the Roads Directorate or authorized cantonal institution, if these works or
activities could damage public roads or endanger or interrupt traffic on it and especially:
1. Bring mud on roads surface or in any way make the roads surface dirty
2. bring the atmosphere water and other fluids on roads surface or interrupt the
drainage from roads surface
3. pasture animals on road ditches and road belt, let them pass or keep them in road
belt
4. build watering for animals in a road belt
5. Haul beams, timbers and other items over the roads surface that may cause damage
6. Spill out lubricants and other grease materials on the roads surface
7. without appropriate protection undertake works on land and buildings next to the
roads that may damage roads or endanger safety of traffic
8. dropping of stones, wood, other items and material down the roads embankment
slopes
9. leave vehicles that are broke down, abandoned or damaged
10. spill and load material and items on the roads or have it placed (deposited) next to
the roads.
If works or activities that may harm the public roads or jeopardize safety of traffic on it are
done, the authorized roads inspection has to take all necessary measures to avert the threats to
damage the roads and jeopardizing safety on it.
In case from paragraph 2 of this Article, the relevant federal or cantonal institution is
authorized to stop works or activities from paragraph 2 of this Article, and order to have these
deficiency fixed within a short period of time.
21
If the investor or contractor does not have these deficiencies fixed within a prescribed time
period, authorized federal or cantonal institution will order so to the maintenance agency on
expense of the contractor that disrespected the obligation.
Article 72
Sports and other manifestations on the public roads may be organized under conditions and in
the procedure specified by the side of authorized ministry of interior with consent of federal
minister of traffic and communication or authorized cantonal minister.
Article 73
Neighbors, next to public roads must allow simple water drainage and snow disposal on their
land if no harm is committed.
In accordance with positive Law and damage compensation, neighbors next to public roads
must allow access to roads facilities for maintenance purposes, construction of drainage
ditches and other drainage installations for drainage of water to recipient, installation of
temporary or permanent equipment for protection of roads and traffic from snow, ice, noise,
blinded apparatuses etc, if it is possible to install it on a land that is integral part of road.
Article 74
As exception to premises of the Article 71, the consent might be issued for works that could
not be implemented in any other way or if implementation could demand extraordinary high
expenses such as: lateral installing of pipelines, cables and wires on a Roads bedding and road
facilities.
The consent from previous paragraph that determines conditions and models of
implementation is to be issued by the Roads Directorate or authorized cantonal institution.
Article 75
The civil-engineering and other items could not be disposed next to the road within the length
less then 5 meters, accounting from road belt, and also even on longer distance if that could
make an obstacle to a view or endanger traffic.
Material aimed for works on the roads could be disposed on the road, but the whole
width of carriageway must remain free for safe traffic in both directions.
This kind of material could only be disposed on outer side of sharp bend.
The Roads Directorate or authorized cantonal institution will issue an order to have removed
all materials and items that were disposed opposite then prescribed in the paragraph 1 of this
Article on expense of owner.
Article 76
If during the winter, the vehicle stopped lateral to road direction or is not able to
overcome inclination by the force of its own engine, or if cargo falls down from the vehicle,
driver is obliged to remove vehicle or cargo from road. If otherwise, the Roads Directorate or
authorized cantonal institution will issue an order to have this vehicle removed on expense of
owner or user of the vehicle.
Driver is obliged to remove damaged vehicle or vehicle that is broken down as soon as
possible. If otherwise, the Roads Directorate or authorized cantonal institution will issue an
order to have this vehicle removed on expense of owner or user of the vehicle.
22
Article 77
Federal Ministry of traffic and communication upon proposal of the Roads Directorate or
authorized cantonal institution may prohibit or restrict traffic on particular road for certain
types of vehicles, in whole or only on certain part of the road if following conditions are met:
if the road is in such condition that traffic is not viable or is viable only for certain types of
vehicle, if traffic of certain types of vehicles could do harm to reconstruction or maintenance
of road without stopping or restriction in traffic flow and in a situation of safety reasons.
General prohibition or restriction of traffic on the roads could only be temporary, and
prohibition or restriction of traffic to certain types of vehicles could be either temporary or
permanent.
Prohibition or restriction of traffic should be timely announced through medias or in some
other appropriate way in accordance with local situation involving traffic signal roads
marking.
It is not necessary to have issued consent for the works of regular maintenance.
The contractor is obliged to submit technical documentation related to organization of works
as well as proposal on alternative route to institution from paragraph 1 of this Article together
with the application for prohibition or restriction of traffic in order to carry out works on
public roads.
Article 78
Premises on road protection and conditions on road traffic flow are applicable on roads under
construction and roads directions for which project on road construction is adopted.
Article 79
The Roads Directorate and authorized cantonal institution are obliged to timely inform
relevant ministry of internal affairs on all changes of roads conditions that have significant
impact on traffic flow and safety of traffic, as well as to inform them about undertaken
measures in order to overcome situation.
Article 80
Traffic signalization and equipment are placed on public roads on the basis of traffic design.
The roads built before this Law entered into force that are not built on the basis of traffic
design, the existing status of the traffic signalization and equipment is applicable.
The Roads Directorate and authorized cantonal institution are obliged to prepare traffic
project for roads from this paragraph within the term of two years from the date of
enforcement of this Law.
The Roads Directorate , with consent of the Minister of transport and communication or
authorized cantonal institution for roads with consent of the authorized cantonal minister,
have the authority to change the traffic design from paragraph 1 of this article, i.e. the existing
status from paragraph 2 of this article.
Any doing on a public road must be accompanied by placing appropriate signalization and
equipment.
Article 81
In addition to the prescribed traffic signs from article 80 of this Law, placed are signs,
information indicating to historical or natural sites, advertisements, warnings and instructions
to drivers of areas and facilities which are directly related to traffic and tourism.
23
Informative signs from paragraph 1 of this article are erected on the basis of approval issued
by the Roads Directorate and authorized cantonal institution.
The Roads Directorate performs control of signs erected in accordance with paragraph 1 of
this article, while the costs of the erection and maintenance of the signs are on expense of the
orderer.
Rulebook on erecting of information signs from paragraph 1 of this Article is passed by the
Minister of traffic and communication.
Article 82
The Roads Directorate and authorized cantonal Institution for Roads maintain records of all
public roads, land belt, traffic signalization and equipment on them.
Article 83
Federal Ministry of traffic and communication transfer public authorization to the Roads
Directorate by this law.
The Roads Directorate or authorized cantonal institution in civil procedure brings decisions
when issuing: :
-
Permit for extraordinary transportation, specified under article 60 of this Law;
-
Permit for construction connection i.e. access to the public roads (article 66 of this
Law);
-
Special conditions for construction facilities and installations from article 68 of
this Law;
-
Consents for actions and activities on the public roads and its protective belt from
article 64 of this Law;
-
Approval for erecting information signs from article 81 of this Law.
The administrative acts from paragraph 1 of this article may be appealed to the federal
minister of transport and communication or to authorize cantonal minister.
Article 84
Within the frame of provided financial assets for maintenance and protection of roads and in
accordance with adopted annual plan and program on maintenance and protection of roads,
the Roads Directorate and authorized cantonal institution are obliged to provide permanent
and good quality maintenance and protection of roads under their management and enable
safe and interrupted traffic flow on these roads for traffic participants that are respecting
traffic regulations ,road signals, weather conditions and road condition.
The contract between authorized federal and cantonal institutions and companies that are
maintaining roads, regulate the relations, conditions and way of execution of works and
protection of magisterial, i.e. regional and local roads as well as other issues related to their
maintenance and protection.
The contract from previous paragraph contents:
1.way and procedure on preparation and bringing of plans and programs
2.conditions and the way of works implementation
3.technical supervision over implementation of works
24
4.model of calculation (accountancy), terms, payments and other conditions related to
calculation of implemented works
5.responsibility for damages and other responsibilities
6.how to resolve disputes
The Roads Company that takes responsibilities prescribed by the contract from paragraph 2 of
this Article to undertake activities on protection, maintenance of magisterial or regional and
local roads, is responsible for timely, good quality and professional performance in
accordance with rulebook from article 56 of this law.
V
FINANCING OF PUBLIC ROADS
Article 85
Finances for maintenance, protection, rehabilitation, reconstruction and construction of public
roads are secured through:
1. annual fees for use of roads payable at registration of motor vehicles and trailers as
well as horse-drawn cart;
2. compensation for roads from sales of fuel (crude oil and oil derivatives);
3. special fees for use of public roads, highways and different facilities on the roads
(bridges, viaducts, tunnels, etc.)
4. compensation for roads paid by foreign motor vehicles and trailers;
5. Special fees for service “Help-information on roads”
6. Fees paid for extraordinary use of public roads (extraordinary transportation);
7. fees payable for overusing public roads in case of overloaded vehicles;
8. fees for use of land in the road belt;
9. fees for use of facilities on the basis of concession;
10. Donations
11. Funds from domestic and foreign investors;
12. funds of the domestic and foreign investors;
13. funds earned in some side activity;
14. special fees for auto-moto association of B&H-service “Roads- information”;
15. Other funds provided under special provisions and funds from federal budget and
cantonal budget, funds from international organizations-SFOR etc).
16. Other funds provided under special regulations
Article 86
Financial assets (funds) from article 85 point 14 are to be insured within Federal
budget or cantonal budget in accordance with availability for each single Article 87
The Founder determines level of fees from article 85 point 1,2,3 and 4 of this law.
The Federal Ministry of traffic and communication determines level of fees from article 85
point 5,6,7,8 and 9 of this law.
25
Level of fees from article 85 point 11 of this law over facilities constructed by funds
originated from domestic and foreign investors are to be determined by investors in
accordance with approval issued by the Federal Ministry of traffic and communication and for
facilities given for use (concessions) by the Contract on Concession.
Level of fees from article 85 point 13 of this law is to be defined by the Contract.
Article 88
Pursuant to this law, fees from article 85 point2 of this law are to be calculated and paid by
legal entities and natural persons that are dealing with trade of oil and crude oil derivatives in
the Federation.
Persons using crude oil and oil derivatives for rail vehicles, vessels or aircraft do not include
and do not pay the compensation for roads if they buy the fuel from the producer or wholesale
trader, and they have to keep special record on this.
Calculation and payment of roads fees originating from oil and crude oil derivatives is to be
carried out in terms and procedures prescribed for calculation and payment of basic sale tax.
Article 89
Financial assets (funds) from article 85 point 1 and 2 do belong to the Roads Directorate-40%,
cantonal roads directorate-35% and municipal institutions-25%.
Financial assets (funds) from paragraph 1 are to be used for financing of needs on magisterial,
regional and local roads (current and brand new) foreseen by this law.
Financial assets (funds) from article 85 points 3 and 4 do belong to the Roads Directorate as
well as funds from article 85 points 6-16 of this law that are related to magisterial roads.
Financial assets (funds) from article 85 points 6-16 that are related to local roads fully belong
to authorized cantonal institution.
Financial assets (funds) from article 85 point 5 of this law do belong to service “Helpinformation on roads”.
Article 90
Financial assets (funds) from article 89 of this law that are related to the Roads Directorate do
belong and are to be fully paid in to the account of the Roads Directorate in a proportion
defined by the article 89 paragraph 1 of this law.
Total of realized funds from article 85 of this law are used for maintenance, protection,
rehabilitation, reconstruction and construction of public roads in accordance with mid term
plan and annual plans on maintenance and roads construction in a way foreseen by this law.
Article 91
Special fees from article 85 point 3 of this law might be introduced for:
26
1.
use of public roads or a part thereof if there is a parallel public roads with
modern surface going into the same direction;
2.
use of bridge, viaduct or tunnel build in order to shorten the distance on the
existing public roads, if the longer route is available for public use;
3.
Use of a bridge built to connect two public roads over a river or a canyon;
Provisions of paragraph 1 of this article also apply to roads and roads facilities which have
been conceded (a license for their use was issued) and which were built with the funds of
domestic and foreign investors.
Special fee from paragraphs 1 and 2 of this article has to be paid by all legal entities and
natural persons.
Should a legal entity or natural person fail to pay the special fee from paragraph 1 of this
article for the distance taken, that person has to pay double the amount of the special fee.
Article 92
Compensation from article 85 point 1 of this law is not paid for:
1. Vehicles of armed forces of the Federation of Bosnia and Herzegovina;
2. Police vehicles;
3. “Help and Information” vehicles;
4. motor vehicles owned by foreign diplomatic and consular representing offices,
whenever exemption from payment of this fee is foreseen in an international
agreement, or where reciprocity exists;
5. Fire brigade vehicles;
6. passenger vehicles of individuals with disabilities of 80% or more severe bodily
damage, or individuals whose bodily damage results with disability of lower limbs
of 80 % or more;
7. civilian protection vehicles.
8. Ambulance vehicles
Article 93
Legal entity carrying out international transportation of goods or persons who works abroad is
entitled to refund of an appropriate part of the fee payable in accordance with point 1 of
article 64 of this Law for his vehicle used abroad for more than 3 months a year, and this is
done at the occasion of the next registration of the vehicle.
The Minister passes instruction for a unified method of calculating the refund from paragraph
1 of this article.
VI CONCESSIONS OVER PUBLIC ROADS
Article 94
Foreign or domestic legal entity or natural person may be granted an approval for
construction, management, and exploitation of roads and road facilities, and permit for use –
27
concession of the roads and road facilities, in the way and under conditions determined by a
special law on concessions.
Foreign and domestic legal entity or natural persons have to compensate damage to the users
of the roads or roads facility from paragraph 1 of this article if the damage was caused by the
condition the roads i.e. roads facility were in.
VI
SUPERVISION
Article 95
The Federal Ministry of transport and communication and authorized cantonal institutions
through their inspections do supervision and control of implementation of this Law and
regulations based thereupon.
The Federal Ministry of transport and communication does supervision over authorized
cantonal ministries in regard to their implementation of federal policy and measures
originating from authority prescribed by this law and of interest for the Federation.
Authorized cantonal ministry does administrative supervision over implementation of this law
and regulations based thereupon that are under cantonal jurisdiction, as well as administrative
supervision in performing of works defined by this law that represent execution of public
authorities.
Article 96
Works related to inspection supervision over enforcement of this law are to be carried out by
federal roads inspectors and cantonal roads inspectors (hereinafter: inspectors) in accordance
with their authority.
Federal and cantonal inspectors bring decision on fixing of deficiencies involving foreseen
time limitation. If the executor does not execute the first instance decision timely, federal and
cantonal inspectors are to bring conclusion on execution of decision by force, hiring third
persons, or other contractor on expense of executor with proposed execution model.
Authorized ministry will insure funds for forced execution and receivables that are to be on
burden of executor or directly via authorized institution if the party refuses to pay expenses.
Institution of internal affairs is obliged to assist authorized institution in enforcing of
execution.
Article 97
Inspections specified under article 96 of this Law, within the scope of their respective
responsibilities, are authorized to do the following:
A/ To check:
1. condition of the public roads;
2. works on construction, reconstruction, rehabilitation and maintenance of public
roads;
28
3. works carried out in the protective belt of public roads;
4. works and design documents related to works from points 2 and 3 of this Article
(permissions, consents, projects, standards);
5. administrative and technical works on public roads;
6. plans, programs, contracts and other documents related to maintenance and
protection of public roads.
B/ To order:
1.
temporary suspension of works being executed on public roads or their
protective belt in contravention of this Law, technical regulation, standards
and norms and prescribe term for fixing of malfunctions;
2.
removal of objects on public roads which jeopardize traffic safety;
3.
temporary ban of traffic on public roads or a part thereof when determined
that the traffic can not be done safely and order to undertake necessary
measures related to safety;
4.
ban traffic of road motor vehicles which, due to their technical
characteristics and way of doing transport may harm the public roads or a
part thereof and when their traveling by public roads is in contravention of
the law and other regulations;
5.
exclude road motor vehicle from traffic on public roads when determined
that the total mass of the vehicle or its axis pressure exceeds the limits
specified under article 38 of this Law in terms of total mass and axis
pressure and transporter is not in possession of extraordinary transport.
6.
temporary ban of traffic on newly constructed and reconstructed roads, its
part or facility, if found that technical conditions do not meet safety
requirements
7.
demolishing of facility or its parts or other facilities on expense of the
investor as well as reaching of original situation, if constructed or being
constructed on roads or road belt without the approval or consent or
opposite then in approval or consent of authorized federal or cantonal
institution
8.
ban the use of accessory roads that were built or being built opposite then
prescribed in this Law.
9.
inspectors are authorized to undertake other measures in accordance with
law and other regulations passed on the basis of law.
C/The inspectors are also obliged without any delay to lodge request for start of violation
procedure, if found that certain violation of Law was committed, and for commercial offence
they are obliged to submit report to the district attorney office.
Article 98
Inspectors have official identification cards.
Identification card is issued by the Minister, in the procedure and under conditions specified
by a special law.
29
Article 99
Legal entities and natural persons that are being inspected have to provide to the inspector a
necessary assistance, and when requested by them, submit the data or documents required in
inspection as provided under this Law within specified time.
VIII
PENALTY PREMISES
Article 100
A fine ranging between 1.000,00 KM and 8.000, 00 KM shall be imposed for corporate
offense the Roads Directorate, authorized cantonal institution, investor, company for roads or
municipal institution or any other legal entity in case of:
1.
Technical documentation for construction and reconstruction of roads does
not foresee places for facilities that serve to these roads (Article 43)
2.
Removed part of the roads is not constructed with elements that are in
compliance with category of existing roads (Article 45)
3.
Does not remove or adjust installations to occurred changes within
prescribed term, or if investor fail to inform possessors of installations on
beginning of road works (Article 47)
4.
Erect facilities or issue approvals for construction of facilities in road
protection belt in contravene to premises of Articles 64 and 65 of this Law
5.
Constructs facilities or perform activities within the triangle view that have
impact on easy reference (article 69)
6.
Provide permanent, continual and good quality maintenance and protection
of roads and does not conclude on maintenance of roads in accordance with
premises of Article 84.
7.
Introduce payment of fees for use of roads in contravene with premises of
Articles 88,91,92 and 93 of this Law,
8
A fine ranging between 120,00 and 1.000,00 KM shall be imposed for corporate offense from
previous paragraph to responsible person within the Roads Directorate, investor, or company
for roads of any other legal entity as well as responsible person in municipality that issues
approval for construction of facilities within the road belt in contravention with premises of
this Law.
For corporate offence from paragraph 1 of this Article, beside the money fine, the protective
measure of deprivation of property gain originating from corporate offence will be imposed.
Article 101
A fine ranging between 500,00 and 2.500 KM shall be imposed for offence company for
Roads maintenance or other legal entity if:
1.
Does not maintain records of public roads, facilities on roads, land belt,
traffic signals and roads equipment from article 82 of this law
2.
Performing road maintenance works in contravention to Article 51 of this
Law;
30
3.
Does not perform road maintenance works in accordance with Article 56 of
this Law;
4.
Does not perform road maintenance and protection works in accordance
with contract from Article 84 of this Law;
5.
In road traffic uses vehicle in contravention to premises of the Article 59 of
this Law
6.
Performs an extraordinary transport without the decision on approval or in
contravention to conditions given by the decision of approval (Article 60)
7.
Does not pay a fee for overuse of public roads (Article 63)
8.
Lay down pipelines, cables, wires or constructing gas station, parking lots
without approval or in contravention to conditions given in consent (Article
68)
9.
Construct connection to magisterial and regional roads without approval or
in contravention to conditions given in consent (Article 66 paragraph 3) and
if does not execute demolishing of access to public roads without approval
(article 66, paragraph 4)
10.
Construct accessory that does not meet requirements from Article 66
paragraph 4 of this Law
11.
Does not install protective fence in order to divide facility or land from road
belt (Article 70)
12.
Conducting any of activities on roads prescribed in the Article 71 of this
Law
13.
Conducting any activities without consent or in contravention given in the
consent (Article 74)
14.
Dispose construction material and other items on roads in contravention to
Article 75 of this Law
15.
Does not immediately remove vehicle or cargo from roads (Article 76,
paragraph 1), or damaged vehicle in accordance with (Article 76, paragraph
2)
16.
If road inspector is not allowed to conduct inspection (Article 99). ;
A fine ranging from 120,00 to 1,000,00 KM will be imposed to responsible person in
company or other legal entity for the offence from previous paragraph.
Article 102
A fine ranging from 100,00 to 500,00 KM will be imposed to citizen for offence from Article
71and 99,paragraph 1,point 4 to 15 of this Law.
IX
TRANSITIONAL AND FINAL PROVISIONS
Article 103
The Founder is obliged to appoint Management Board of the Roads Directorate and person
authorized for submission of application for registration of Roads Directorate at the court
register within time period of thirty days from the date of enforcement of this law.
31
Authorized person will submit application for registration at court register within 60 days
from the date of enforcement of this law.
Deadline for submission of application for registration at the court register is at the same time
deadline for the Roads Directorate to start operating.
Article 104
This law serves as a Founder’s act upon which bases the Roads Directorate is to be registered
at the court register at the authorized court placed in Sarajevo.
Article 105.
If not otherwise prescribed by this law, corporate Law is to be applied on the Roads
Directorate (“Official Gazettes of the Federation Bosnia and Herzegovina”, reference number
23/99 and 45/00).
Article 106
The “Help-information” road service provides: technical assistance to vehicles in traffic on
public roads, removing of damaged or broken vehicles from public roads, information on road
conditions and other assistance.
Doing of the “Help-information” road service is granted as a public authority to the Roads
Directorate in order to carry out activities independently or by contracting concluded upon
public advertising of services provided by auto-moto clubs that are technically equipped and
do meet requirements for such services.
Financial assets (funds) originating from fees of article 85 point 5 do belong to the Roads
Directorate and can only be used for service activities.
In order to reach consent, plan, program and reports on use of funds of the Roads Directorate
are to be submitted on half-year and annual bases to the Federal Ministry of traffic and
communication.
Federal Ministry of traffic and communication with consent of the Founder will bring a
decision on level of special fee for the “Help-information” road service that is to be paid
during the registration of roads, motor and trailer vehicles.
Article 107
The Federal Minister of traffic and communication has to adopt the following acts within six
months after this Law enters into force:

Rulebook on public road maintenance (article 56);

Rulebook on specifying conditions for extraordinary transportation and fees for
extraordinary use of roads (article 60);

Rulebook for defining conditions for designing and constructing connections and
accesses (article 66;

Rulebook on erecting signs and information on roads and compensation for roads
(article 81);
32

Instruction on unified method of calculation of refund of roads compensations
(fees) (article 93);

Rulebook on minimal technical conditions for construction and use of bus stops
(article 67)

Measures for defining of overuse of public roads (article 63)
Article 108
On the day of this Law entering into force, the application of laws and other regulations
related to the roads that were in force in the federation until the day of this Law entering into
force shall cease in the Federation B&H.
Until the bylaws specified under article 107 of this Law have been adopted, the bylaws passed
on the basis of the law from paragraph 1 of this article shall be applied.
Within time period of 30 days from the date of entering into a court register, the Roads
Directorate will takeover employees, documentation, items, acts and other from the Roads
Directorate of the Federal Ministry of traffic and communication.
Article 109
This Law enters into force on the eight day from its publication in the “Official Gazette of the
Federation of B&H”.
Chairman
Chairman
of House of peoples of the Parliament
of House of Representatives
of FB&H
of FB&H
prof. PhD. Ivo Komsic
/signatory hereto/
Ismet Briga
/signatory hereto/