2004. évi XCI. törvény

az 1968. évi november hó 8. napján, Bécsben aláírásra megnyitott Közúti Jelzési Egyezmény és módosításai, valamint az azt kiegészítő európai Megállapodás és módosításai egységes szerkezetben történő kihirdetéséről1

1. § Az Országgyűlés az 1968. évi november hó 8. napján, Bécsben aláírásra megnyitott Közúti Jelzési Egyezménynek (a továbbiakban: Egyezmény) és az 1995. november 30-án hatályba lépett módosításainak, valamint az Egyezményt kiegészítő európai Megállapodásnak (a továbbiakban: Megállapodás) és az 1995. november 27-én hatályba lépett módosításainak egységes szerkezetbe foglalt szövegét e törvénnyel kihirdeti.

2. § Az Egyezmény és a Megállapodás egységes angol nyelvű szövege és annak hivatalos magyar nyelvű fordítása a következő:

„CONVENTION ON ROAD SIGNS AND SIGNALS

The Contracting Parties,

recognizing that international uniformity of road signs, signals and symbols and of road markings is necessary in order to facilitate international road traffic and to increase road safety,

have agreed upon the following provisions:

Chapter I

GENERAL PROVISIONS

Article 1

Definitions

For the purpose of this Convention, the following expressions shall have the meanings hereby assigned to them:

(a) The „domestic legislation” of a Contracting Party means the entire body of national or local laws and regulations in force in the territory of that Contracting Party;

(b) „Built-up area” means an area with entries and exits specially sign-posted as such, or otherwise defined in domestic legislation;

(c) „Road” means the entire surface of any way or street open to public traffic;

(d) „Carriageway” means the part of a road normally used by vehicular traffic; a road may comprise several carriageways clearly separated from one another by, for example, a dividing strip or a difference of level;

(e) „Lane” means any one of the longitudinal strips into which the carriageway is divisible, whether or not defined by longitudinal road markings, which is wide enough for one moving line of motor vehicles other than motor cycles;

(f) „Intersection” means any level crossroad, junction or fork, including the open areas formed by such crossroads, junctions or forks;

(g) „Level-crossing” means any level intersection between a road and a railway or tramway track with its own track formation;

(h) „Motorway” means a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which:

(i) Is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;

(ii) Does not cross at level with any road, railway or tramway track, or footpath; and,

(iii) Is specially sign-posted, as a motorway;

(i) A vehicle is said to be:

(i) „Standing” if it is stationary for the time needed to pick up or set down persons or to load or unload goods; and

(ii) „Parked” if it is stationary for any reason other than the need to avoid interference with another road-user or collision with an obstruction or to comply with traffic regulations, and if the period during which the vehicle is stationary is not limited to the time needed to pick up or set down persons or goods;

Nevertheless, it shall be open to Contracting Parties to regard as „standing” any vehicle which is stationary within the meaning of subparagraph (ii) above for a period not exceeding that fixed by domestic legislation, and to regard as „parked” any vehicle which is stationary within the meaning of sub-paragraph (i) above for a period exceeding that fixed by domestic legislation;

(j) „Cycle” means any vehicle which has at least two wheels and is propelled solely by the muscular energy of the persons on that vehicle, in particular by means of pedals or hand-cranks;

(k) „Moped” means any two-wheeled or three-wheeled vehicle which is fitted with an internal combustion engine having a cylinder capacity not exceeding 50 cc and a maximum design speed not exceeding 50 km (30 miles) per hour. Contracting Parties are free, however, not to regard as mopeds, under their domestic legislation, vehicles which do not have the characteristics of a cycle with respect to their use, in particular the characteristic that they can be propelled by pedals, or whose maximum design speed, whose mass, or certain of whose engine characteristics exceed certain limits. Nothing in this definition shall be construed as preventing Contracting Parties from treating mopeds exactly as cycles in applying the provisions of their domestic legislation regarding road traffic;

(l) „Motor cycle” means any two-wheeled vehicle, with or without a side-car, which is equipped with a propelling engine. Contracting Parties may also treat as motor cycles in their domestic legislation three-wheeled vehicles whose unladen mass does not exceed 400 kg. The term „motor cycle” does not include mopeds, although Contracting Parties may, provided they make a declaration to this effect in conformity with Article 46, paragraph 2, of this Convention, treat mopeds as motor cycles for the purposes of the Convention;

(m) „Power-driven vehicle” means any self-propelled road vehicle, other than a moped in the territories of Contracting Parties which do not treat mopeds as motor cycles, and other than a rail-borne vehicle;

(n) „Motor vehicle” means any power-driven vehicle which is normally used for carrying persons or goods by road or for drawing on the road, vehicles used for the carriage of persons or goods. This term embraces trolley-buses, that is to say, vehicles connected to an electric conductor and not rail-borne. It does not cover vehicles, such as agricultural tractors, which are only incidentally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods;

(o) „Trailer” means any vehicle designed to be drawn by a power-driven vehicle and includes semi-trailers;

(p) „Semi-trailer” means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its mass and of the mass of its load is borne by the motor vehicle;

(q) „Driver” means any person who drives a motor vehicle or other vehicle (including a cycle), or who guides cattle, singly or in herds, or flocks or draught, pack or saddle animals on a road;

(r) „Permissible maximum mass” means the maximum mass of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered;

(s) „Laden mass” means the actual mass of the vehicle as loaded, with the crew and passengers on board;

(t) „Direction of traffic” and „appropriate to the direction of traffic” mean the right-hand side if, under domestic legislation, the driver of a vehicle must allow an oncoming vehicle to pass on his left; otherwise these expressions mean the left-hand side;

(u) The requirement that a driver shall „give way” to other vehicles means that he must not continue or resume his advance or manoeuvre if by so doing he might compel the drivers of other vehicles to change the direction or speed of their vehicles abruptly.

Article 2

Annexes to the Convention

The annexes to this Convention, namely:

Annex 1: Road signs;

Section A: Danger warning signs;

Section B: Priority signs;

Section C: Prohibitory or restrictive signs;

Section D: Mandatory signs;

Section E: Special regulation signs;

Section F: Information, facilities or service signs;

Section G: Direction, position or indication signs;

Section H: Additional panels;

Annex 2: Road markings;

Annex 3: Reproduction in colour of signs, symbols and panels referred to in Annex 1;

are integral parts of this Convention.

Article 3

Obligations of the Contracting Parties

1. (a) The Contracting Parties to this Convention accept the system of road signs, signals and symbols and road markings described herein and undertake to adopt it as soon as possible. To this end,

(i) Where this Convention prescribes a sign, symbol or marking for signifying a certain rule or conveying certain information to road-users, the Contracting Parties undertake, subject to the time-limits specified in paragraphs 2 and 3 of this Article, not to use any other sign, symbol or marking for signifying that rule or conveying that information;

(ii) Where this Convention does not prescribe a sign, symbol or marking for signifying a certain rule or conveying certain information to road-users, it shall be open to the Contracting Parties to use for these purposes any sign, symbol or marking they wish, provided that such sign, symbol or marking is not assigned a different meaning in this Convention and provided that it conforms to the system prescribed by this Convention.

(b) With a view to improving traffic control techniques, and having regard to the usefulness of carrying out experiments before proposing amendments to this Convention, it shall be open to Contracting Parties to derogate from the provisions of this Convention, for experimental purposes and temporarily, on certain sections of road.

2. Contracting Parties undertake to replace or supplement, not later than four years from the date of entry into force of this Convention in their territories, any sign, symbol, installation or marking which, although it has the characteristics of a sign, symbol, installation or marking belonging to the system prescribed by this Convention, is used with a different meaning from that assigned to it in this Convention.

3. Contracting Parties undertake to replace, within 15 years from the date of entry into force of this Convention in their territories, any sign, symbol, installation or marking which does not conform to the system prescribed in this Convention. During this period, in order to familiarize road-users with the system prescribed in this Convention, previous signs and symbols may be retained beside those prescribed in this Convention.

4. Nothing in this Convention may be construed as requiring the Contracting Parties to adopt all the types of sign and marking prescribed in this Convention. On the contrary, Contracting Parties shall limit the number of types of sign or marking they adopt to what is strictly necessary.

Article 4

The Contracting Parties undertake that it shall be prohibited:

(a) To affix to a sign, to its support or to any other traffic control device anything not related to the purpose of such sign or device; if, however, Contracting Parties or sub-divisions thereof authorize a non-profitmaking association to install informative signs, they may permit the emblem of that association to appear on the sign or on its support provided this does not make it less easy to understand the sign;

(b) To install any board, notice, marking or device which might be confused with signs or other traffic control devices, might render them less visible or effective, or might dazzle road-users or distract their attention in a way prejudicial to traffic safety.

Chapter II

ROAD SIGNS

Article 5

1. The system prescribed in this Convention differentiates between the following classes of road signs

(a) Danger warning signs: these signs are intended to warn road-users of a danger on the road and to inform them of its nature;

(b) Regulatory signs: these signs are intended to inform road-users of special obligations, restrictions or prohibitions with which they must comply; they are subdivided into:

(i) Priority signs;

(ii) Prohibitory or restrictive signs;

(iii) Mandatory signs;

(iv) Special regulation signs;

(c) Informative signs: these signs are intended to guide road-users while they are travelling or to provide them with other information which may be useful; they are subdivided into:

(i) Information, facilities or service signs;

(ii) Direction, position or indication signs;

Advance direction signs;

Direction signs;

Road identification signs;

Place identification signs;

Confirmatory signs;

Indication signs;

(iii) Additional panels.

2. Where this Convention allows a choice between several signs or several symbols,

(a) Contracting Parties undertake to adopt only one of such signs or symbols for the whole of their territories;

(b) Contracting Parties shall endeavour to reach regional agreements on the same choice;

(c) The provisions of Article 3, paragraph 3, of this Convention shall apply to signs and symbols of the types which are not chosen.

Article 6

1. Signs shall be so placed that the drivers for whom they are intended can recognize them easily and in time. They shall normally be placed on the side of the road appropriate to the direction of traffic; they may, however, be placed or repeated above the carriageway. Any sign placed on the side of the road appropriate to the direction of traffic shall be repeated above or on the other side of the carriageway if local conditions are such that it might not be seen in time by the drivers for whom it is intended.

2. All signs shall apply to the drivers from whom they are intended over the whole width of the carriageway open to traffic. However, signs may be made to apply to only one or to several lanes of the carriageway when lanes are defined by longitudinal markings. In this case, one of the following three options shall be used:

(a) The sign with, if necessary, the addition of a vertical arrow shall be placed above the lane concerned, or

(b) The sign will be placed on the nearside edge of the carriageway when the road markings indicate without doubt that the sign applies solely to the traffic lane on the nearside of the carriageway and that the only purpose of this sign is to confirm a local regulation already indicated by means of road markings, or

(c) Signs E,1 or E,2 described in Annex 1, section E, subsection II, paragraphs 1 and 2 to this Convention or signs G,11 and G,12 described in Annex 1, section G, subsection V, paragraphs 1 and 2 will be placed on the edge of the carriageway.

3. Where in the opinion of competent authorities a sign would be ineffective if placed on the verge of a road with separated carriageways, it may be placed on the dividing strip and in this case need not be repeated on the verge.

4. It is recommended that domestic legislation should provide:

(a) That signs shall be so placed that they do not obstruct vehicular traffic on the carriageway, and, if placed on the verges, obstruct pedestrians as little as possible. The difference in level between the carriageway on the side where a sign is placed and the lower edge of the sign shall be as uniform as possible for signs of the same class on the same route;