Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
27 January 1994 [shall come
into force on 26 February 1994];
1 October 1997 [shall come into force on 4 November
1997];
10 October 2002 [shall come into force on 30 October
2002];
30 October 2003 [shall come into force on 1 January
2004];
4 November 2004 [shall come into force on 1 December
2004];
20 October 2005 [shall come into force on 1 January
2006];
10 November 2005 [shall come into force on 9 December
2005];
19 October 2006 [shall come into force on 22 November
2006];
10 May 2007 [shall come into force on 12 June
2007];
8 November 2007 [shall come into force on 1 January
2008];
18 December 2008 [shall come into force on 13 January
2009];
5 March 2009 [shall come into force on 1 July
2009];
8 October 2009 [shall come into force on 23 October
2009];
21 October 2010 [shall come into force on 17 November
2010];
20 December 2010 [shall come into force on 1 January
2011];
15 December 2011 [shall come into force on 1 January
2012];
6 November 2013 [shall come into force on 1 January
2014];
5 December 2013 [shall come into force on 1 January
2014];
27 April 2017 [shall come into force on 24 May
2017];
22 November 2017 [shall come into force on 1 January
2018];
18 January 2018 [shall come into force on 12 February
2018];
17 December 2020 [shall come into force on 23 December
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
LAW OF THE REPUBLIC OF LATVIA
On Motor
Roads
Chapter I
GENERAL PROVISIONS
Section 1. Tasks of the Law
(1) The task of this Law is to govern the use, management,
protection, and development of motor roads.
(2) City streets shall be under the management of the relevant
local government institutions, and the procedures for the
maintenance and use thereof shall be determined by such
institutions. The provisions of this Law shall not be applicable
to streets, unless it has been specified otherwise in the text of
this Law.
[10 October 1997; 21 October 2010]
Section 2. Motor Road
(1) A motor road is a complex engineering structure outside
city boundaries to be used for the traffic of vehicles at a
specific speed, for the loads and dimensions provided for in the
standards.
(2) A motor road system shall include:
a subgrade, a carriageway, artificial structures (for example,
bridges, overpasses, tunnels, scaffold bridges, culverts,
drainage installations, retaining walls), road engineering
structures (for example, bus stops and pavilions, acceleration
lanes, vehicle parking places, parking lots, rest areas, snow
fences, plantings, bicycle paths and footways, rood communication
and lighting lines), and technical means of traffic organisation
(for example, traffic signs, traffic lights, signal poles,
protective barriers, vertical and horizontal markings).
(3) The motor road system shall also include the airspace and
subterranean depths within the total land requirement insofar as
it is necessary for the traffic of vehicles and the use and
protection of road elements.
(4) A street is an engineering structure intended for the
traffic of vehicles in the urban area.
(5) Motor roads outside city boundaries in populated areas may
be named "street" but it shall not change the ownership and legal
status of the motor road.
(6) A transit street is a city street owned by a local
government which is the beginning or continuation of a State
motor road where the transit traffic moves.
[1 October 1997; 18 December 2008; 5 December 2013]
Section 3. Classification of Motor
Roads
(1) All motor roads of Latvia shall be classified by their
significance:
- State motor roads;
- local government roads;
- merchant roads;
- house roads.
(11) Within the meaning of this Law, the term
"merchant roads" shall mean roads owned by enterprises (business
companies) as legal subjects, and also other legal persons
governed by private law.
(2) A house road shall not connect other higher-level
roads.
(3) The State motor roads shall be classified as follows:
1) the major motor roads which connect the State motor road
network with the primary motor road network of other countries
and connect the capital city with other State cities, or which
are bypasses of State cities;
2) the regional motor roads which interconnect the
administrative centres of municipalities or connect them with
State cities or the capital city, or with the major or regional
motor roads or interconnect State cities;
3) local motor roads which connect the administrative centres
of municipalities with municipality towns, populated areas of
municipalities where parish administrations are located, with
villages, or with other State motor roads, or interconnect
administrative centres of individual municipalities.
(4) [18 December 2008]
[1 October 1997; 10 May 2007; 18 December 2008; 5 March
2009; 17 December 2020]
Section 4. Ownership of Motor
Roads
(1) State motor roads and their land, including territories of
total land requirement, together will all the structures
comprised in the system of such motor roads shall be the property
of the Republic of Latvia which is transferred under the
management of valsts sabiedrība ar ierobežotu atbildību
"Latvijas Valsts ceļi" [State limited liability company
Latvian State Roads].
(11) In individual cases, by a decision of the
Cabinet, the State motor roads and their land, including total
land requirement, together with all the structures comprised in
the system of such motor roads may be transferred under the
management of local governments.
(2) Regulations regarding the maintenance and reconstruction
of a road section which crosses hydrotechnical structures and is
a part thereof shall be determined in accordance with a special
agreement between the Ministry of Transport of the Republic of
Latvia and the relevant department.
(3) Local government roads and merchant roads and their land,
including total land requirement, and also house roads shall be
the property of the relevant local governments, merchants, or
natural persons.
[1 October 1997; 10 November 2005; 10 May 2007; 18 December
2008; 17 December 2020]
Section 5. Right to Use the Motor
Roads
(1) Road users have the right to use all motor roads for the
traffic of vehicles, unless a specific prohibition applies
thereto, in conformity with the road traffic regulations and the
Cabinet regulations regarding State protection of motor
roads.
(2) It may be temporarily prohibited or restricted to use the
motor roads due to unfavourable road or climatic conditions, and
also in other cases when it becomes dangerous to drive along
motor roads.
(3) The Cabinet shall determine the procedures for prohibiting
or restricting the traffic of vehicles on State motor roads and
local government roads.
(4) An owner of a motor road shall decide on prohibiting or
restricting the use of merchant roads and house roads or on
removal of such prohibitions or restrictions upon coordinating it
with the relevant local government.
(5) [6 November 2013]
(6) [1 October 1997]
(61) In order to carry out carriage along the motor
roads and streets with vehicles or their components (with a cargo
or passengers or without a cargo or passengers) the dimensions,
actual mass, or axle load of which exceeds the acceptable values
specified in laws and regulations (heavyweight or large dimension
vehicles), it shall be required to obtain a permit for large
dimension and heavyweight carriage, except for the cases referred
to in Paragraph 6.2 of this Section. The permit for
large dimension and heavyweight carriage gives the right to move
along the route indicated therein. The State limited liability
company Latvian State Roads shall prepare and issue such
permit.
(62) The Cabinet shall determine the cases where it
is not required to obtain such carriage permit when carrying out
large dimension and heavyweight carriage.
(7) The Cabinet shall determine the procedures for issuing the
permit for large dimension and heavyweight carriage, and also the
procedures for carrying out such carriage.
[1 October 1997; 10 May 2007; 18 December 2008; 8 October
2009; 6 November 2013; 17 December 2020]
Section 6. Motor Road User Fee
(1) The State motor roads and local government motor roads and
streets shall be used free of charge, unless it is laid down
otherwise in the law.
(2) If large dimension or heavyweight carriage is carried out
along merchant roads or house roads, a fee may be charged for the
use of such roads if so determined by the owner of the relevant
road.
(3) A State duty shall be paid for the issuing of the permit
for large dimension and heavyweight carriage (Section 5,
Paragraph 6.1 of this Law). The Cabinet shall
determine the amount of the State duty, the payment procedures,
and exemptions. The State duty shall be transferred into the
State basic budget revenue.
(4) A fee may be charged for the use of such motor roads which
have been built from private resources. In such cases the fee
shall be determined by the owner of the motor road.
(41) A local government may provide for in its
binding regulations that a fee may be collected for parking a
vehicle on a local government motor road or street. The relevant
motor road or street (section thereof) or a specific area which
includes motor roads or streets (system thereof), a certain time
during which the parking of a vehicle on a local government motor
road or street is for a fee (for example, a certain time of the
day, week), the amount of the fee, and the procedures for
collecting it shall be indicated in these regulations.
(42) A provider of the universal postal service may
park vehicles for which the pass provided for in Section 45,
Paragraph two of the Road Traffic Law has been issued on paid
parking lots on a local government motor road or street free of
charge for a time period not exceeding 30 minutes, conforming to
the procedures for using the pass.
(5) The Cabinet shall determine the procedures for the
interoperability of electronic road toll collecting systems.
(6) [18 December 2008]
(7) [18 December 2008]
(8) A motor road user charge shall be paid for the use of the
major State motor roads with freight vehicles and elements
thereof the laden mass of which exceeds 3500 kilograms and which
are intended for or which are used for the carriage of goods by
road in the cases and in accordance with the procedures laid down
in laws and regulations.
(9) The State limited liability company Latvian State Roads
has, in accordance with the procedures laid down in laws and
regulations, the right to lease to a merchant the parking areas
which are comprised in the system of the State motor roads and
intended for safe parking of freight vehicles, providing for an
obligation on the merchant to ensure security guard and other
safety services therein the minimum extent of which shall be
determined by the Cabinet. The merchant is entitled to charge a
fee for the parking of freight vehicles in such parking
areas.
[10 October 2002; 19 October 2006; 8 November 2007; 18
December 2008; 8 October 2009; 21 October 2010; 20 December 2010;
6 November 2013; 5 December 2013; 18 January 2018; 17 December
2020]
Section 6.1 Servitude of
Right of Way
(1) If a service road does not connect a plot of land which
has been acquired by the owner as a result of restoration of
property rights or land privatisation with a State or local
government road, such owner has the servitude rights to use the
roads on other plots of land for driving or to construct new
roads.
(2) The servitude shall be established in accordance with the
procedures laid down in The Civil Law. Any disputes related to
the establishment of the servitude shall be examined by a
court.
[1 October 1997]
Section 6.2 Ancillary
Rights of the Servitude of Right of Way
(1) The owner of a plot of land serving for the establishment
of the servitude of right of way may not prevent a user of the
servitude from using protection zones of the road for the
installation of underground and surface communications in
accordance with the procedures laid down in the law and other
laws and regulations.
(2) If the owner of the plot of land serving for the
establishment of the servitude of right of way fails to determine
a protection zone of the road or fails to determine a
sufficiently large protection zone of the road, the dispute shall
be settled by a court.
(3) A user of the servitude shall cover any losses incurred by
the owner of the plot of land serving for the establishment of
the servitude of right of way as a result of exercising the
ancillary rights of the servitude of right of way.
[1 October 1997]
Section 7. Institutions Implementing
State Administration of Motor Roads and Their Competence
(1) The Ministry of Transport shall implement the State
administration of motor roads.
(2) The Cabinet shall determine the procedures for the
monitoring of maintenance of local government motor roads.
(3) The Ministry of Transport shall, according to a delegation
contract, delegate to the State limited liability company Latvian
State Roads the management of the State motor road network, the
administration of financing of the State motor road network and
the management and control of implementation of the work
programmes related thereto, the organisation of procurements for
State needs (including the performance of the daily maintenance
works of State motor roads), the planning of daily maintenance
works of State motor roads and control of the performance
thereof, the management of programmes for the construction of
State motor roads and construction supervision, the supervision
of road traffic organisation, and also the monitoring of
maintenance of local government motor roads.
(31) [17 December 2020]
(4) In order to ensure conformity with the requirements
referred to in Article 30(4) of Council Regulation (EC) No
1260/1999 of 21 June 1999 laying down general provisions on the
Structural Funds, and Article 57(1) of Council Regulation (EC) No
1083/2006 of 11 July 2006 laying down general provisions on the
European Regional Development Fund, the European Social Fund and
the Cohesion Fund and repealing Regulation (EC) No 1260/1999, the
State limited liability company Latvian State Roads has the right
to enter into contracts for the transfer of the total land
requirement of the State motor roads to local governments for use
free of charge.
[10 November 2005; 10 May 2007; 6 November 2013; 27 April
2017; 17 December 2020 / The new wording of Paragraph
three and amendment regarding the deletion of Paragraph
3.1 shall come into force on 1 January 2021.
See Paragraph 25 of Transitional Provisions]
Chapter
II
STATE REGISTRATION, DEVELOPMENT PLANNING OF MOTOR ROADS.
FINANCING OF CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF
MOTOR ROADS
[1 October 1997]
Section 8. State Registration and
Recording of Motor Roads
(1) The Cabinet shall determine lists of the State motor roads
and sections of motor roads owned by local governments and
included in the State motor road route.
(2) The Cabinet shall determine the procedures for the
registration and recording of local government roads and
streets.
[18 December 2008 / The new wording of Section shall
come into force on 1 July 2009. See Transitional
Provisions]
Section 9. Names, Numbering and
Length-based Reference Points of Motor Roads
(1) The name of the populated area of the point of origin and
point of destination of the road but, where necessary, also the
names of the major populated areas of intermediate sections of
the road must be indicated in the name of a motor road. The name
of the populated area or geographical object of the point of
destination only may also be indicated in the name of the motor
road.
(2) State motor roads shall be assigned route indices.
(3) The length of a motor road route shall be determined from
the point of origin to the point of destination thereof.
(4) The following shall be recognised as length-based
reference points of a motor road route:
- for motor roads connecting populated areas - a building of a
post office or, in the absence thereof, another building located
in the centre of the populated area;
- for motor roads connecting other motor roads or joining them
- intersection points of axes of the roads to be connected;
- for motor roads connecting geographical objects - boundaries
of such objects.
Section 10. Information Regarding
Motor Roads of the Republic of Latvia
The issuing of the official Latvian road maps and the use of
the information related to motor roads for commercial purposes
must be coordinated with the Ministry of Transport of the
Republic of Latvia.
Section 11. Development Planning of
Motor Roads
(1) The Ministry of Transport of the Republic of Latvia shall
plan the development of motor roads in conformity with the
economic, ecological and social development trends, State and
local government interests, and on the basis of the principle of
equal development of regions.
(2) Projects shall be developed and coordinated in accordance
with the procedures laid down in construction regulations and
construction standards.
[1 October 1997; 10 May 2007]
Section 12. Financing of Motor
Roads
(1) The management, maintenance, designing, renovation,
reconstruction, and construction of State motor roads is financed
from the State funds. Private resources may also be used to
finance the maintenance, designing, renovation, reconstruction,
and construction of State motor roads.
(2) The management, maintenance, designing, renovation,
reconstruction, and construction of local government roads and
streets is financed from the local government funds and the State
funds. Private resources may also be used to finance the
maintenance, designing, renovation, reconstruction, and
construction of local government streets and roads.
(3) The management, maintenance, designing, and renovation of
State motor roads shall be financed from the funds allocated to
the "State Motor Road Fund" programme in the State basic budget.
The funds allocated to the "State Motor Road Fund" programme in
the State basic budget shall also be utilised for an earmarked
grant for the financing and development of local government roads
and streets (hereinafter - the earmarked grant) and for the
co-financing of the maintenance and restoration of transit
streets of cities. The Cabinet shall determine the procedures for
the utilisation of the funds allocated to the "State Motor Road
Fund" programme in the State basic budget and for the
co-financing of transit streets of cities.
(4) The State budget financing for the programme "State Motor
Road Fund" shall consist of the estimated State budget revenue
from the vehicle operation tax, the motor road user charge and 80
per cent of the estimated State budget revenue from the excise
duty on petroleum products, unless it has been laid down
otherwise in the annual State budget law. Financing for the
arrangement and restoration of State motor roads is allocated
according to the National Motor Roads Programme. Upon planning
the annual budget, the State budget expenditure for the programme
"State Motor Road Fund" shall be reduced by the amount which is
available to the road sector from the European Union funds in the
relevant financial year. The financing allocated to the annual
earmarked grant for local government motor roads and streets
shall not be less than 25 per cent of the State budget financing
allocated to the programme "State Motor Road Fund", excluding the
estimated revenue from the motor road user charge.
(5) The reconstruction and construction of State motor roads
and the designing necessary for it shall be financed from the
State basic budget programmes.
(6) The Ministry of Transport and local governments shall
record the funds utilised for the financing of State motor roads
and roads and streets under supervision of local governments in
accordance with the procedures stipulated by the Cabinet.
(7) The earmarked grant shall be transferred to local
governments. The Cabinet shall determine the amount of share of
the earmarked grant and the procedures for the distribution
thereof among local governments, the procedures for the
utilisation of the earmarked grant, the procedures for
controlling the legality and regularity of the utilisation of the
earmarked grant, and the procedures by which local governments
shall provide a report on the utilisation of the earmarked
grant.
(8) [17 December 2020]
[30 October 2003; 10 November 2005; 20 October 2005; 10 May
2007; 15 December 2011; 6 November 2013; 17 December
2020]
Section 13. Motor Road Funds
[30 October 2003]
Section 13.1 Value of
Motor Roads
Value of State motor roads and local government roads shall be
comprised of the funds invested in construction and the
depreciation of these roads reflected in the accounting records.
The Cabinet shall determine the procedures for establishing the
value of State motor roads and local government roads.
[10 May 2007]
Chapter
III
USE AND PROTECTION OF MOTOR ROADS
Section 14. Procedures for the Use
of Motor Roads
The procedures for the use of motor roads shall be determined
in this Law, the Road Traffic Law, and also the Cabinet
regulations regarding State protection of motor roads, and the
Road Traffic Regulations issued by the Cabinet.
[1 October 1997]
Section 15. Preservation of Motor
Roads
(1) In order to ensure the preservation of motor roads, it is
prohibited to:
- perform activities which may result in damage or destruction
of road elements;
- litter, contaminate, or block a carriageway, shoulders,
dividing strips of a road, road engineering structures, and total
land requirement;
- organise sporting events and training, and also mass
gatherings on motor roads without the authorisation of the State
limited liability company Latvian State Roads or the road
owner;
- organise car or mechanism tests on motor roads without the
authorisation of the State limited liability company Latvian
State Roads or the road owner;
- use motor roads for transportation of such vehicles and
mechanisms and for carrying such cargoes which are prohibited in
the Road Traffic Regulations and the Cabinet regulations
regarding State protection of motor roads.
(2) Drivers and persons who have established such
circumstances on roads or in road engineering structures which
pose a threat to the transport safety or preservation of a road
shall immediately report it to the State limited liability
company Latvian State Roads, the local government, or traffic
police institutions, and also take measures to warn other road
traffic participants and, where possible, to eliminate the
established circumstances.
[1 October 1997; 10 November 2005; 17 December
2020]
Section 16. Protection Zones of
Motor Roads
(1) Protection zones along State motor roads and local
government roads shall be determined, used, and maintained in
accordance with the Protection Zone Law.
(2) Land of protection zone of motor roads shall remain at the
disposal of land users and is used in accordance with provisions
of the Protection Zone Law.
(3) [10 May 2007]
(4) The State limited liability company Latvian State Roads
shall notify land users of the determination of protection zones
of motor roads and their regime.
(5) Construction, reconstruction, and maintenance of motor
roads must not deteriorate the hydrological regime in the
protection zone of motor roads, and also not disturb the
functioning of the land amelioration systems and structures
adjacent to the road and crossing it.
[1 October 1997; 10 November 2005; 10 May 2007; 17 December
2020]
Section 17. Placement of Service
Points along Motor Roads
[10 May 2007 / See Transitional Provisions]
Section 18. Placement of
Communications in the Total Land Requirement
(1) It shall only be permitted to cross the motor roads with
conduits, communication and power lines, pipes, railways and
other communications, install them along roads in the territories
of total land requirement thereof, install dams, deepen river
beds at bridges and culverts, raise or lower an embankment for
rail lines crossing the State motor roads with the authorisation
of the State limited liability company Latvian State Roads, but
local government roads or merchant roads - with the authorisation
of the relevant owner in conformity with the requirements laid
down in this Law.
(2) If the need arises to rebuild a road due to the
abovementioned structures, these works shall be performed by
constructors but, if they fail to perform them, this shall be
done by the State limited liability company Latvian State Roads
at the expense of the constructors.
(3) Placement, movement, or reconstruction of all types of
communications in the total land requirement must not deteriorate
the operating characteristics of the motor road, and also road
elements and transport safety.
(4) Communications located in the total land requirement and
not related to the use of roads shall be maintained in order and,
in the case of road reconstruction or reconstruction, they shall
be rebuilt by owners thereof at their own expense upon request of
the State limited liability company Latvian State Roads.
(5) Upon building roads the initiator of the construction
shall cover any expenditure related to the rebuilding of land
amelioration systems.
[1 October 1997; 10 November 2005; 10 May 2007; 18 December
2008; 17 December 2020]
Section 19. Procedures for the
Joining of Motor Roads
(1) In order to join to a motor road, a written authorisation
of the owner of the motor road shall be necessary.
(2) Joining of a motor road to another motor road must not
pose threat to the transport safety.
(3) Local government roads, merchant roads, and house roads
shall be joined to State motor roads in accordance with the
procedures stipulated by the Cabinet.
(4) Joining of a motor road to another motor road without a
written authorisation of the owner of the motor road shall
constitute unauthorised construction. A legal or natural person
who has joined a motor road to another motor road in an
authorised manner must dismantle it at its own expense or
compensate the owner of the motor road for the demolition
costs.
[10 May 2007 / See Transitional Provisions]
Section 20. Placement of Trade,
Public Catering and Other Service Facilities and Advertising
Thereof along Motor Roads
[10 May 2007 / See Transitional Provisions]
Section 21. Performance of Work on
Motor Roads
Legal persons and natural persons performing work on motor
roads and in the total land requirement shall ensure conformity
with the technology coordinated with the State limited liability
company Latvian State Roads, performance of work within the set
deadlines and of adequate quality, and transport safety, and also
equip the places where work is performed with the necessary
barriers and traffic signs.
[10 May 2007; 17 December 2020]
Section 22. Rights of the Owner of a
Motor Road to Ensure Use and Protection of Motor Roads
In order to ensure the use and protection of a motor road, the
owner of the motor road has the following rights:
1) to remove from roadway and the total land requirement any
objects which have fallen from a cargo, timber, and also growing
and fallen trees or bushes and other things which pose threat to
transport safety or obstruct the maintenance of the motor road,
and to request legal or natural persons to compensate for the
losses related to the transportation and storage of such
objects;
2) to invite the competent authorities or officials to stop a
vehicle which damages or contaminates the motor road or exceeds
the dimensions, weight, or axle load specified in laws and
regulations, and also to request legal or natural persons to
ensure that the abovementioned vehicle is placed outside the
carriageway of the motor road;
3) in accordance with laws and regulations, to cease any
unauthorised activity which is in contradiction with the
procedures for using, preserving, and protecting motor roads laid
down in this Law and other laws and regulations, and to request
legal or natural persons to compensate for the losses related to
the elimination of the consequences of the unauthorised
activity;
4) to request, in accordance with the procedures laid down in
laws and regulations, legal or natural persons to compensate for
the losses caused to the owner of the motor road.
[10 May 2007]
Section 23. Obligations of the State
Limited Liability Company Latvian State Roads and the Road
Owner
(1) In order to ensure transport safety, and also preservation
of roads, the State limited liability company Latvian State Roads
and the road owner have the obligation:
- to perform daily maintenance works of motor roads in a
timely manner in order to ensure traffic of vehicles on roads in
accordance with the requirements of the Road Traffic
Regulations;
- to equip motor roads with technical control means in
accordance with the national standards and instructions of the
State limited liability company Latvian State Roads and to take
any other measures in order to guarantee transport safety;
- to delimit and indicate points which are dangerous to
traffic of vehicles by using traffic signs;
- to study and analyse causes of traffic accidents and to take
the necessary technical and other measures to prevent them;
- to record annual mileage of road transport on State motor
roads and local government roads outside populated areas in
accordance with the procedures stipulated by the Cabinet.
(2) In cases where a road is used for traffic on the basis of
servitude, the obligation to maintain the road shall lie with the
servitude user.
(3) [Paragraph shall come into force on 1 May 2022 and
shall be included in the wording of the Law on 1 May 2022.
See Paragraph 27 of Transitional Provisions]
[1 October 1997; 10 October 2002; 4 November 2004; 10
November 2005; 17 December 2020]
Section 23.1
Classification of Safety of the Road Network in the
Trans-European Road Network
[17 December 2020 / See Paragraph 30 of Transitional
Provisions]
Section 23.2 Obligations
of the State Joint Stock Company Latvian Road Maintainer
According to the State Administration Tasks Delegated Thereto
(1) The Ministry of Transport shall, according to a delegation
contract, delegate to valsts akciju sabiedrība "Latvijas
autoceļu uzturētājs" [State joint stock company Latvian Road
Maintainer] the performance of daily maintenance works of State
motor roads.
(2) [17 December 2020]
(3) The Cabinet shall determine the public services which are
provided by the State joint stock company Latvian Road
Maintainer, and the methodology for fixing prices thereof.
(4) For the purpose of ensuring the daily maintenance works
for State motor roads the State joint stock company Latvian Road
Maintainer shall organise a procurement of services and goods and
assume obligations on its own behalf.
[6 November 2013; 17 December 2020 / The new wording
of the title of the Section and the new wording of Paragraph one
of the Section, amendment regarding the deletion of Paragraph
two, and amendment to Paragraph four regarding the deletion of
the word "complex" shall come into force on 1 January 2021.
Paragraph one of Section shall be in force until 30 April
2022. See Paragraphs 25 and 26 of Transitional
Provisions]
Section 24. Environmental
Protection
(1) Special constructions shall be built in a protection zone
of motor roads in order to ensure that the impact of vehicle
exhaust gas, noises and other harmful factors on the environment
corresponds to sanitary standards.
(2) [1 October 1997]
(3) Upon performing construction, reconstruction, and
maintenance works in the total land requirement, environmental
diversity and cultural and historical landscape shall be
preserved as far as possible.
[27 January 1994; 1 October 1997; 18 January 2018]
Section 25. General Quality
Requirements for the Construction of State and Local Government
Motor Roads and Streets
The Cabinet shall determine general quality requirements for
the construction of State and local government motor roads and
streets.
[27 April 2017]
Section 25.1 Minimum
Safety Requirements for Tunnels in the Trans-European Road
Network
The Cabinet shall determine the procedures for the provision
of road users with the minimum safety level in tunnels over 500
metres in the Trans-European Road Network.
[19 October 2006]
Section 26. Granting of Land for the
Needs of Motor Roads
[1 October 1997]
Section 27. Total Land
Requirement
[10 May 2007]
Section 27.1 Total Land
Requirement of State, Local Government and Merchant Motor
Roads
(1) A total land requirement is determined for the
construction, maintenance, and protection of State, local
government and merchant motor roads.
(2) The minimum width of the total land requirement of State,
local government and merchant motor roads from a motor road to
each side of the axis shall be as follows:
1) 25 metres - for a motor road with two carriageways and a
dividing strip of up to 10 metres;
2) 15.5 metres - for a motor road with one carriageway the
width of roadway of which is from 12.5 to 20 metres;
3) 13.5 metres - for a motor road with one carriageway the
width of roadway of which is from 10.5 to 12 metres;
4) 11 metres - for a motor road with one carriageway the width
of roadway of which is from 8.5 to 10 metres;
5) 9.5 metres - for a motor road with one carriageway the
width of roadway of which is up to 8 metres.
(3) If according to a construction project it is necessary to
place structural parts of a motor road, the width of the total
land requirement may be larger than the minimum width.
(4) A usage fee shall not be charged for the State or local
government land under structures (buildings) which are located in
the total land requirement of the State or local government
roads.
[10 May 2007; 18 December 2008]
Section 28. Granting of Widespread
Mine Deposits for the Construction, Reconstruction and
Maintenance of Roads
(1) A road owner may extract in the total land requirement the
mineral resources necessary for the construction, reconstruction,
and maintenance of roads in accordance with the law On
Subterranean Depths without special authorisation and charge.
(2) The State limited liability company Latvian State Roads,
valsts akciju sabiedrība "Latvijas valsts meži" [State
joint stock company Latvian State Forests], and local governments
may extract the mineral resources necessary for the construction,
reconstruction, and maintenance of State, local government, and
forest roads in accordance with the law On Subterranean
Depths.
[1 October 1997; 10 November 2005; 5 December 2013; 17
December 2020]
Chapter
IV
LIABILITY FOR VIOLATION OF THIS LAW
Section 29. Violation of Regulations
Regarding Protection of Motor Roads and Road Engineering
Structures
For violations of this Law, and also for violations of the
Cabinet regulations regarding State protection of motor roads,
persons at fault shall be subject to the liability specified in
the law.
[1 October 1997]
Section 30. Compensation for Damage
Caused to Motor Roads and Road Engineering Structures
(1) Legal persons and natural persons who have caused damage
to a motor road, road engineering structures, or technical means
of traffic organisation by damaging or destroying them shall
compensate for the losses caused to the motor road owner in
accordance with the procedures laid down in laws and
regulations.
(2) Legal persons and natural persons who have performed
arbitrary construction in the total land requirement or any other
unlawful activities therein shall, upon request of the motor road
owner or an authorised person thereof, ensure demolition of the
constructed structures and arrangement of the total land
requirement by covering the relevant expenses from their own
funds.
[10 May 2007]
Section 31. Liability of the State
Limited Liability Company Latvian State Roads and Officials
Thereof for the Violation of Regulations Regarding Maintenance of
Motor Roads and Road Engineering Structures
(1) For the failure to conform to the obligations provided for
in Section 23 of this Law resulting in damage to motor road
users, the State limited liability company Latvian State Roads
shall compensate for the damage caused thereto in accordance with
the law.
(2) For violation of the regulations regarding the maintenance
of motor roads and road engineering structures or for the failure
to take measures in a timely manner in order to prohibit or
restrict the traffic in separate road sections the use of which
may pose threat to the transport safety, officials shall be
subject to disciplinary, administrative or any other liability in
accordance with the law.
[1 October 1997; 10 November 2005; 17 December
2020]
Section 32. Procedures by which the
Law Comes into Force
The Law shall come into force on 2 April 1992.
Transitional
Provisions
1. [15 December 2011]
2. [15 December 2011]
3. [10 May 2007]
4. [10 May 2007]
5. [18 December 2008]
6. The Cabinet shall, by 1 February 2008, issue the
regulations referred to in Section 13.1 of this
Law.
[10 May 2007]
7. The Cabinet shall, by 1 October 2007, issue the regulations
referred to Section 12, Paragraph seven of this Law regarding the
amount of share of the earmarked grant, the procedures for
distributing it among local governments, the procedures for the
utilisation of the earmarked grant, the procedures for
controlling the legality and regularity of utilisation thereof,
and the procedures by which local governments shall report on the
utilisation of the earmarked grant. Until the day of coming into
force of the relevant regulations, but not later than until 1
October 2007, Cabinet Regulation No. 217 of 21 March 2006,
Regulations Regarding the Earmarked Grant Allocated for the
Financing and Development of Local Government Roads and Streets,
shall be applied, insofar as it is not in contradiction with this
Law.
[10 May 2007]
8. Amendments to this Law regarding the deletion of Sections
17 and 20 and the rewording of Section 19 shall come into force
on 1 October 2007. Until the day of coming into force of the
relevant amendments, the term "enterprise road" in Sections17,
19, and 20 of this Law shall mean the merchant road within the
meaning of Section 3, Paragraphs one and 1.1 of this
Law.
[10 May 2007]
9. Until the day of coming into force of the amendments
referred to in Paragraph 8 of these Transitional Provisions, the
Cabinet shall issue corresponding regulations referred to in
Section 19, Paragraph three of this Law (in the new wording).
[10 May 2007]
10. The width of the total land requirement referred to in
Section 27.1 of this Law shall only refer to the local
government and merchant roads the construction of which has been
commenced after the day of coming into force of this Section.
Until the day of coming into force of Section 27.1 of
this Law, the width of the total land requirement of local
government, merchant and house roads which has been specified by
the day of coming into force of this Section shall be applicable
to the built local government and merchant roads. If until the
day of coming into force of Section 27.1 of this Law,
the width of a built local government or merchant road is smaller
than that specified in this Section, it may be increased if the
owner of the motor road and the owner of the land adjacent to the
motor road have mutually agreed upon this.
[10 May 2007; 18 December 2008]
11. Amendments to this Law regarding the deletion of Section
3, Paragraph four and the rewording of Section 8 shall come into
force on 1 July 2009.
[18 December 2008]
12. [6 November 2013]
13. [6 November 2013]
14. [8 October 2009]
15. The term "Category 1 motor roads" used in other laws and
regulations shall mean the term "regional motor roads" used in
this Law, but the term "Category 2 motor roads" shall mean the
term "local motor roads".
[5 March 2009]
16. Amendments to this Law regarding the rewording of Section
6, Paragraphs one, two, and three shall come into force on 1
January 2011.
[8 October 2009]
17. Section 6, Paragraph 4.1 of this Law shall come
into force on 1 January 2011.
[21 October 2010]
18. Until making of the relevant entries in registers of the
Commercial Register institution, the term "valsts akciju
sabiedrība "Latvijas autoceļu uzturētājs"" [State joint stock
company Latvian Road Maintainer] used in this Law shall
correspond to the term "akciju sabiedrība "Latvijas autoceļu
uzturētājs"" [joint stock company Latvian Road Maintainer]
used in other laws and regulations, insofar as it is not in
contradiction with this Law.
[6 November 2013]
19. [27 April 2017]
20. The Cabinet shall, by 31 January 2014, issue the
regulations referred to in Section 6, Paragraph nine of this
Law.
[5 December 2013]
21. The Cabinet shall, by 1 September 2017, issue the
regulations referred to in Section 7, Paragraph two of this Law
(in the new wording) which determine the procedures for
monitoring maintenance of local government motor roads. Until the
day of coming into force of the relevant Cabinet regulations, but
not later than by 1 September 2017, Cabinet Regulation No. 10 of
8 January 2008, Procedures for Monitoring Construction,
Reconstruction and Maintenance of Local Government Roads,
Merchant Roads and House Roads, shall be applicable, insofar as
it is not in contradiction with this Law.
[27 April 2017]
22. The Cabinet shall, by 30 June 2018, issue the regulations
referred to in Section 25 of this Law (in the new wording)
regarding general quality requirements for the construction of
State and local government motor roads and streets.
[27 April 2017]
23. The financing allocated to the State budget programme
"State Motor Road Fund" from the State budget subsidy from
general revenue shall be increased by the following amounts until
it reaches the amount specified in Section 12, Paragraph four of
the law On Motor Roads:
1) from 2018 - by the amount not smaller than the difference
between the State budget actual revenue from the excise duty on
petroleum products and the revenue estimated in the annual State
budget law from the excise duty on petroleum products, if the
actual revenue in the relevant year exceeds the estimated
revenue, taking the last year as a base year with regard to which
the actual revenue from the excise duty on petroleum products is
known;
2) in addition to the amount referred to in Sub-paragraph 1 of
this Paragraph, from 2020 - by at least five per cent a year in
comparison with the State budget funding directed to the State
budget programme "State Motor Road Fund" in the previous year if
the projection for the nominal gross domestic product in the
relevant year increases by at least five per cent.
[22 November 2017]
24. [17 December 2020]
25. Amendments to this Law regarding the new wording of
Section 7, Paragraph three and the deletion of Paragraph
3.1, the new wording of the title of Section
23.2, the deletion of Paragraph two and the deletion
of the word "complex" from Paragraph four shall come into force
on 1 January 2021.
[17 December 2020]
26. Amendment to this Law regarding the new wording of Section
23.2, Paragraph one shall come into force on 1 January
2021. Section 23.2, Paragraph one of this Law shall be
in force until 30 April 2022.
[17 December 2020 / Amendment regarding the deletion
of Section 23.2, Paragraph one shall be included in
the wording of the Law as of 1 May 2022]
27. Amendment to this Law regarding the supplementation of
Section 23 with Paragraph three shall come into force on 1 May
2022. In order to select the performer of daily maintenance works
of State motor roads in accordance with the laws and regulations
regarding public procurement, the State limited liability company
Latvian State Roads is entitled, from 1 January 2021, to commence
a public procurement of daily maintenance works of State motor
roads, dividing the subject-matter of the procurement into lots
according to individual regions (territories).
[17 December 2020 / Section 23, Paragraph three
shall be included in the wording of the Law as of 1 May
2022]
28. The Minister for Transport shall enter into a delegation
contract with the State joint stock company Latvian Road
Maintainer regarding the performance of daily maintenance works
of State motor roads from 1 January 2021 to 30 April 2022.
[17 December 2020]
29. In case if, in accordance with that specified in Paragraph
27 of these Transitional Provisions, the procurement contract or
the contract regarding a lot of procurement is not entered into
by 31 January 2022, the Ministry of Transport shall, in order to
ensure daily maintenance of State motor roads, delegate the
performance of daily maintenance works of State motor roads in
the relevant region (territory) to the State joint stock company
Latvian Road Maintainer for a period not exceeding two years.
[17 December 2020]
30. Amendment to this Law regarding the deletion of Section
23.1 shall come into force on 17 December 2021.
[17 December 2020]
31. Amendment to this Law regarding the deletion of Paragraph
1 of the Informative Reference to European Union Directives shall
come into force on 19 October 2021.
[17 December 2020]
32. Amendment to this Law regarding the deletion of Paragraph
3 of the Informative Reference to European Union Directives shall
come into force on 17 December 2021.
[17 December 2020]
33. Amendment to this Law regarding the supplementation of the
Informative Reference to European Union Directives with Paragraph
4 shall come into force on 19 October 2021.
[17 December 2020]
Informative
Reference to the European Union Directives
[19 October 2006; 21 October
2010; 17 December 2020]
This Law contains legal norms arising from:
(1) [17 December 2020 / See Paragraph 31 of Transitional
Provisions];
2) Directive 2004/54/EC of the European Parliament and of the
Council of 29 April 2004 on minimum safety requirements for
tunnels in the Trans-European Road Network;
(3) [17 December 2020 / See Paragraph 32 of Transitional
Provisions];
4) Directive (EU) 2019/520 of the European Parliament and of
the Council of 19 March 2019 on the interoperability of
electronic road toll systems and facilitating cross-border
exchange of information on the failure to pay road fees in the
Union (recast) (Text with EEA relevance).
Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs
Rīga, 11 March 1992
Translation © 2021 Valsts valodas centrs (State
Language Centre)