Law by Decree No. 3 of 2020 Concerning the Amendment of the Traffic Law No. 5 of 2000, as Amended

Law by Decree No. 3 of 2020

Concerning the Amendment of the Traffic Law No. 5 of 2000, as Amended

The President of the State of Palestine

The Chairman of the Executive Committee of the Palestine Liberation Organisation

In reference of the provisions of the Bylaw of the Palestine Liberation Organisation,

The provisions of the Amended Basic Law of 2003, as amended,

Having reviewed the provisions of the Traffic Law No. 5 of 2000, as amended,

The provisions of the Law of Penal Procedure No. 3 of 2001, as amended,

Based upon the recommendation of the Council of Ministers, dated October 14^th, 2019;

The powers vested in me by law, and

In pursuance of the public interest,

I hereby promulgate the following Law by Decree:

Article 1

For the purposes of introducing this amendment, the Traffic Law No. 5 of 2000, as amended, shall be referred to as the Original Law.

Article 2

A new article shall be added to the Original Law, bearing number 121 bis, providing for the following:

1. A unit to be called the “Unit of Field Monitoring and Inspection” shall be established at the Ministry. Its employees shall enjoy the capacity of officers vested with judicial duties in relation to the implementation of their tasks and performance of the duties of their function in accordance with the Law. Its employees, who are authorised with the capacity of officers vested with judicial duties, shall be identified by a decision to be issued forth by the Minister for such purpose.

2. The employees authorised with the capacity of officers vested with judicial duties in pursuance of the provisions of Paragraph 1 of this Article shall make the following oath before the Minister and before they commence their functions: “I hereby swear by the Almighty God to perform my work with trustworthiness and sincerity, to respect the Constitution and Law, and not to disclose the secrets which I have access to by virtue of my position.”

Article 3

A new article shall be added to the Original Law, bearing number 121 bis (1) and providing as follows:

1. The staff members of the Field Monitoring and Inspection Unit at the Ministry, who have the capacity of officers vested with judicial duties, shall exercise the following tasks:

a. Conduct field detection and inspection over vehicle examination and service centres, professional transportation facilities, car body and engine modification workshops, and spare parts and traffic products shops; issue notices on infractions of technical conditions and instructions issued forth by the Ministry; and refer the same to the competent authorities in accordance with the law.

b. Inspect vehicles to ensure their roadworthiness and compliance with the technical conditions and instructions issued forth by the Ministry, and take necessary legal procedures until such time the technical conditions and instructions on roadworthiness are fulfilled in coordination with the Police, provided that a regulation is promulgated by the Council of Ministers to outline the necessary legal procedures in this regard.

2. The power of law enforcement in relation to the traffic offences provided for under this Law or any other piece of legislation shall remain within the purview of the Police.

Article 4

All provisions that contradict the provisions of this Law by Decree shall be repealed.

Article 5

All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree and shall enter into force as of date of its publication in the Official Gazette.

Promulgated in the city of Ramallah on February 24^th, 2020 Anno Domini,

Corresponding to Jumada al-Akhar 30^th, 1441 Anno Hegira.

Mahmoud Abbas

President of the State of Palestine

Chairman of the Executive Committee of the Palestine Liberation Organisation