
The Legal Issues Committee discussed for the I reading and approved the Draft Administrative Offenses Code, submitted for expedited consideration.
Pursuant to the amendment, the vehicles shall be recognised as arbitrarily modified, which comes with the modified muffler. At that, the Draft Code increases a sanction for driving a vehicle, which is arbitrarily modified, specifically, the hereof offense shall be subject to the penalty of 200 GEL instead of the currently applied 100 GEL. Furthermore, in such a case, the police officer shall be entitled to prohibit the driver from driving and transport the vehicle to the special penalty parking area.
The proposed amendments to the Code introduce a new offence for using an unauthorised flash light colour to mislead traffic participants. This offence carries a penalty of 2000 GEL, including the confiscation of the flasher and a reduction of the driving points by 15. A subsequent offence results in a penalty of 2500 GEL, the confiscation of the flasher, and a further reduction of the driver’s driving points by 20.
Furthermore, the drifts on the road shall be subject to administrative liability for the drivers of all types of vehicles.
The Draft Code increases the sanction for the violation of the Law on Road Traffic, and/or disobedience to the traffic signals, as well as the disregard of the road signs or traffic requirements by the traffic participants (except the mechanical vehicles) from 10 to 50 GEL, and for the repeated offense - from 20 to 100 GEL.
At that, more novel offenses are being introduced- administrative liability shall be imposed for the violation of the Law on Road Traffic, and/or disobedience to the traffic signals, as well as the disregard of the road signs or traffic requirements on the highways, international or secondary roads - 100 GEL penalty, and 200 GEL for the repeated offense.
According to the reporter, the First Deputy Chair of the Committee, Tornike Cheishvili, if an individual fails to pay the penalty imposed for the petty offense, disobedience to the legal requests of the law enforcement officers, humiliation of the state-political or political officials or public servants, also for the violation of the regulations on rallies and manifestations, and repeats the offense, no administrative liability shall be applied but the administrative detention, other than certain exceptions, which are stipulated under the Code upon the imprisonment on the basis of the exempting circumstances.
According to him, a new principle shall be applied, envisaging that if an offense is subject to the administrative detention in aggregation with other sanctions, and at that, the case consideration and sentencing constitute the competence of the administrative body, then the resolution adopted by the administrative body concerning the penalty shall not be appealed to a superior administrative body but appealed to the court. In such a case, the Court Order becomes effective upon the issue of the order, and the appeal of the order shall not suspend its execution.