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Article 1
This Law shall regulate the legal status of public and uncategorized roads, conditions and manner of management, protection and maintenance of public roads, special conditions of construction and reconstruction of public roads, sources and manner of financing construction, reconstruction, protection and maintenance of roads, acquisition of property rights, inspection, as well as other issues of importance for the management, construction, reconstruction, protection and maintenance of public roads.
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Article 2
Certain terms used in this Law shall have the following meaning:
1) road is a construction structure intended for traffic, i.e. a determined area that can be used as a traffic area by all or certain participants in traffic, under the conditions determined by this Law and other regulations;
2) public road is a road meeting the prescribed criteria for categorization by the competent authority and that has been declared as such by the competent authority;
3) state road is a public road connecting the territory of the state with the network of European roads and is a segment of the network of European roads, the territory of the state with the territory of neighbouring states, the entire territory of the state, economically important conurbations in the state territory, two or more districts as well as its segment passing through an urban area in case a bypass road has not been built next to the urban area;
4) motorway is a state road intended for motor traffic, with physically separated carriageways in each direction, without intersections at the same level and with complete access control, which has at least two traffic lanes and one emergency lane in each direction and, as such, it is marked by the prescribed traffic signalling and equipment;
5) full access control means that access is possible only through inflow-outflow ramps with traffic lanes for switching on, i.e. off at grade-separated intersections;
6) municipal road is a public road connecting the territory of the municipality, i.e. city, as well as the territory of the municipality, i.e. city, with the network of state roads;
7) street is a public road in an urban area traffic connecting parts of the urban area;
8) uncategorized road is a road that has been declared an uncategorized road by the competent authority and as such is entered in the public records on real estate and rights thereto;
9) urban area is a functionally integrated area where conditions for living and working of people and for meeting the common needs of residents are provided, the boundaries of which are determined by a planning document and marked with a prescribed traffic sign on a public road;
10) road outside urban area is a segment of the public road outside urban area limits;
11) road in urban area is a segment of the public road within urban area limits determined by the planning document of the local self-government unit;
12) traffic signalling and equipment are means and devices for traffic regulation, traffic signs, road signs, devices for giving light traffic signs, bumpers or half-bumpers at the crossing of the road over the railway, temporary traffic signalling, light signs on the road and other signs on road (road furniture) in accordance with the regulations governing traffic signalling;
13) equipment for protection of public roads, traffic and the environment are elements of intelligent transport systems, ventilation and safety devices in tunnels, structures and devices for road and traffic protection, as well as structures and devices for protection of the immediate road environment (snow guards, windshields, protection against screes, protection from noise and other harmful effects on the environment), installations of lighting and lighting for the needs of traffic, devices for traffic records, road meteorological stations, etc.;
14) marking of public roads is the procedure of defining the category and spatial position of the road (kilometre and hectometre stationing);
15) records on public roads are the prescribed content of traffic and technical data and the procedure of collecting, i.e. updating such data on public roads;
16) categorization of roads is the division of public roads on the basis of the prescribed criteria;
17) carriageway is a developed portion of a road whereon traffic takes place and consisting of traffic lanes (driving, additional, emergency and the like) for moving, i.e. standing of vehicles and edge lanes;
18) sidewalk is a specially arranged segment of the road next to the carriageway intended primarily for movement of pedestrians;
19) cycle track is a road intended for the movement of bicycles;
20) pavement structure is a multi-layer rigid or flexible system serving to take up mechanical impacts of vehicles and transfer them to public road substructure, for safe, undisturbed and cost-effective movement of vehicles, bicycles and pedestrians.
21) surfacing is the final layer of the pavement structure;
22) shoulder is a roadside element on an embankment ensuring lateral stability of the road and serving for installation of traffic signalling and road furniture;
23) open channel is a roadside element for receiving and draining surface water, ensuring stability of pavement structure;
24) berm is a roadside element between an open channel and a cutting slope protecting the former from being clogged with eroded material, and it includes traffic signalling and road furniture and ensures sight distance;
25) median is a roadside element physically separating traffic directions and accommodates traffic signalling and road furniture and offers space for building segments of a road structure;
26) central reserve is a median exceeding six meters in width;
27) verge is a public road element physically separating motorized traffic from other traffic;
28) road structure is a construction structure that is an integral segment of the road: bridge, underpass, overpass, viaduct, culvert, tunnel, gallery, retaining wall, lining wall, and the like;
29) overpass is a structure over a road regulating intersection of two or more grades with another road, another infrastructure system or railway;
30) underpass is a structure in the road trunk regulating grade-separated intersection with another road, another infrastructure system or railway;
31) service facilities on a public road are areas, structures, plants and devices for efficient management of roads and traffic (functional facilities), as well as for providing services to road users (service facilities for the needs of users);
32) functional facilities on a road are areas, structures, plants and devices that are intended for efficient management of roads and traffic on the road (road maintenance bases, traffic management centres, toll stations and other facilities);
33) service facilities on a road for the needs of users are areas and structures for providing various services to road users (stations for refuelling motor vehicles, places for refuelling electric vehicles, rest areas, parking lots, motels, restaurants, services, shops and other facilities for providing services);
34) bus bay is a specially developed segment of the road, i.e. a properly marked out segment of the carriageway intended for stopping the bus for the purpose of embarking and disembarking passengers and loading and unloading luggage;
35) road land is a continuous area within the boundaries of road land;
36) boundary of road land is a line on both sides of an embankment and in cutting, at least one meter away from the lines delineating the cross section of the road, outside the urban area, measured on the outside;
37) road protection zone is a continuous area measured from the border of the road land to the outer side, the width of which is prescribed by this Law;
38) controlled development zone is a continuous area measured from the border of the protection zone to the outer side whose width is the same as the width of the protection zone, wherein the range and scope of structures development is restricted and that serves to protect a public road and traffic on it;
39) overhead space above the carriageway is a space not less than seven meters high with the headroom of at least 4.75 meters above the highest carriageway point;
40) intersection is the point where traffic flows cross, join, i.e. separate at least twice at the same or different grades;
41) connecting (inflow-outflow) ramp is an independent road for conducting traffic flows that change the road direction at grade-separated intersections;
42) crossing is the point where a road and other line infrastructure structures intersect at the same or different grades;
43) access road is a road providing access to the owner, i.e. the immediate holder of the real estate, along a public road, i.e. an uncategorized road next to which the real estate is located;
44) traffic access junction is a regulated area, a segment of a public road, whereon public, uncategorized and access roads are interconnected in the manner prescribed by this Law;
45) required sight distance is the distance needed for safe stopping of a vehicle in front of a fixed obstruction on a roadway that must be provided at each point of a road and is determined on the basis of relevant values of design speed in both directions;
46) neighbour is the owner, i.e. the immediate holder of land and structures that has at least one common border with the cadastral parcel whereon the road has been built;
47) traffic management is the management, monitoring and control of traffic on a public road, i.e. a section of a public road;
48) traffic suspension is a controlled road closure for traffic;
49) traffic restriction is prohibition of movement for specific classes of vehicles on a road;
50) special transport is transport by a vehicle, i.e. a set of vehicles alone or with a load exceeding any legally permissible axle load, the maximum permissible total mass, width, length or height;
51) expropriation limit is the line up to which expropriation is performed and is determined at the prescribed distance measured from the border of the road land on the outside of the road;
52) expropriation zone is a continuous area within the boundaries of expropriation;
53) intelligent transport systems (ITS) are systems of information and communication technologies in road traffic referring to roads, vehicles and traffic participants and are used for traffic management and mobility, as well as for connections with other types of traffic;
54) public road manager is a public enterprise, company and other forms of organization which, in accordance with the law governing the position of public enterprises, may perform activities of general interest;
55) infrastructure fee is a fee that should provide reimbursement of construction, maintenance, operation and development costs related to the built infrastructure;
56) compensation of external costs is compensation of costs incurred due to air pollution or harmful effects of noise resulting from traffic;
57) concession toll is toll collected by the concessionaire in accordance with the concession agreement;
58) interoperability is capability of the system and associated business processes to exchange data uninterruptedly;
59) road protection is a set of measures and prohibitions related to interventions on the road, protection zone and controlled development zone prescribed by this Law for the purpose of its protection;
60) maintenance of a public road is the execution of works and performance of services within the existing road land ensuring the preservation of the characteristics of the road in the condition it has been at the time of its development or reconstruction and may be regular, rehabilitation and urgent;
61) reconstruction of a public road is the execution of works on an existing road and protection zone with associated road structures that may change the geometric elements, position or equipment of the existing road in order to improve the functional and structural characteristics of the road as a whole or its individual elements or structures;
62) tunnel is an underground or underwater road structure intended for traffic;
63) tunnel safety advisor is a person performing tasks with the public road manager that ensure the application of regulations governing tunnels;
64) electronic toll collection is a method of contactless toll collection where vehicles pass without stopping the entry and exit (toll) traffic lanes using an electronic device;
65) EETS is the European Electronic Tolling Service representing a system of electronic toll collection in the territory of the European Union enabling the user of the state road, on the basis of an agreement concluded with the EETS service provider, to acquire the status of the EETS service user;
66) the European Electronic Tolling Service provider is a legal entity in the territory of the European Union performing the activity of providing the EETS service and is entered in the register of the EETS service providers in the member state of the European Union wherein it has its registered office;
67) assessment of the impact of the road on traffic safety on the road network is a strategic comparative analysis of the impact of variants of a new or reconstructed road on traffic safety on the road network;
68) revision of the road design from the aspect of road safety characteristics is an independent, formal and systematic check of the road design from the aspect of traffic safety;
69) road traffic safety inspection is an independent, formal and systematic inspection of the elements of the existing road from the aspect of traffic safety;
70) risk mapping is an objective method of assessing road safety on the basis of actual adverse events on the observed road network;
71) auditor is an independent expert holding a license for an auditor and who conducts the audit of road designs from the aspect of road safety characteristics;
72) verifier is an independent expert holding a license for a verifier to conduct a road traffic safety inspection.
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Article 3
Public and uncategorized roads shall be goods in general use, they are in public ownership and real rights cannot be acquired or based thereon, except in cases prescribed by this Law.
The right of easement, i.e. other related right, may be based on a public road, for the purpose of development of communal, water, energy structures and electronic communications and related equipment structures, in the manner determined by this Law.
The development, reconstruction, maintenance and use of a public road may be the subject of concession in accordance with the law governing public-private partnership and concessions and this Law.
State roads of the I and II class shall be owned by the Republic of Serbia, except for state roads, i.e. segments of state roads of the II class located in the territory of the autonomous province shall be owned by the autonomous province.
Municipal roads, streets and uncategorized roads not belonging to state roads of the I and II class, shall be owned by the local self-government unit in whose territory they are located.
Roads referred to in paras. 4 and 5 of this Article shall be entered in the public books on real estate and actual rights thereon, simultaneously with the entry of public property rights on such roads, as goods in general use, namely the property rights of the Republic of Serbia on state roads of the I and II class, property rights of the autonomous province on state roads of the II class, i.e. segments of state roads of the II class located in the territory of the autonomous province and property rights of the local self-government unit on municipal roads, streets and uncategorized roads not belonging to state roads of the I and II class, in accordance with the regulations governing the public books on real estate and actual rights thereon.
Public roads shall be entered in the public books referred to in paragraph 6 of this Article with the associated structures and the land on which they have been built. Public road managers shall also be entered in the said public books.
The right of easement, i.e. other related right, as well as the concession for a public road shall also be entered in the public books referred to in paragraph 6 of this Article, in accordance with the regulations governing the public books on real estate and rights thereon.
Changes on the public road and actual rights based on the public road, as well as changes on the uncategorized road, shall also be entered in the public books referred to in paragraph 6 of this Article.
Public and uncategorized roads shall form a network of roads.
