Liiklusseadus (LS)

§ 1. Scope of application of Act

(1) This Act provides for traffic management on the roads of Estonia, traffic rules, the principles and basic requirements for ensuring road traffic safety, the duties of the owner of the road, the conditions and rates of financing roads and paying road tolls and registration fees, the rules for registration of and the requirements for motor vehicles, trams, their trailers and off-road vehicles, the requirements for granting the right to drive, the working and rest time of drivers of motor vehicles, management and maintenance of the motor register, and liability for violation of the traffic rules.

(2) This Act also regulates the off-road driving of off-road vehicles.

(2¹) The provisions of § 69 of this Act also apply to drivers of motor vehicles driving a vehicle off the road.

(3) This Act extends to foreign road users and vehicles registered abroad, which are located in the territory of Estonia, unless an international agreement provides otherwise.

(4) Any movement or positioning on a road closed for traffic for the purpose of a competition or mass event by an order of the Police and Border Guard Board or the Rescue Board, for road management or for another similar purpose is not considered traffic for the purposes of this Act.

(5) The provisions of the Administrative Procedure Act apply to administrative proceedings provided for in this Act, taking account of the specifications of this Act.

§ 1¹. Financing of road management and road management plan

(1) Activities relating to national roads (hereinafter road management) are financed under a road management plan.

(2) The volume of the financing of management of national roads and the volume of support to management of local roads on a yearly basis is provided for in the state budget strategy.

(3) The funds for road management are allocated in the state budget for each budgetary year.

(4) Local road maintenance support for municipalities is allocated in the municipalities support fund in the state budget.

(5) Where case-based support is allocated in the state budget for maintenance of local roads, the support is distributed in accordance with the State Budget Act.

(6) The national road management plan must include at least a list of construction and reconstruction sites as well as the volume and sources of financing per year. In the framework of construction of a national road included in the national road management plan, a road that does not belong to the state may be constructed in part where it is provided for in the design documentation and where the construction or maintenance technology calls for it or where it is in the public interests for the purposes of ensuring the integrity of the road network. The national road management plan may, in addition to national roads, also contain activities in support of the traffic safety of local roads.

(7) The national road management is prepared by the Ministry of Climate for four years and it is updated annually, where necessary.

(8) The national road management plan is established by an order of the Government of the Republic

(9) Upon establishing the national road management plan, the Government of the Republic may authorise the minister in charge of the policy sector to amend the national road management plan to the extent determined by the Government of the Republic where the volume of financing planned for the maintenance of national roads changes during the term of validity of the national road management plan.

§ 2. Definitions

For the purposes of this Act:

1) give way (not hinder) means that a road user must not continue or commence advancing or make manoeuvres where by so doing they might compel other road users to abruptly change the direction or speed;

2) built-up area means a developed area that has entry and exit roads equipped with road signs establishing the road traffic rules applicable in the built-up area;

3) car means a motor vehicle with at least four wheels, which is designed for the carriage of passengers or goods or for drawing while coupled to vehicles or for specific work applications, and the design speed of which exceeds 25 kilometres per hour. Trackless vehicles connected to an electric conductor are also deemed to be cars. Mopeds, motorcycles, tractors and mobile machinery are not deemed to be cars;

3¹) automated traffic supervision system means a set of technical facilities consisting of a surveillance camera, a speed detector in case of measuring speed, a recording device and other necessary ancillary equipment designed to record traffic offences, the recording of which may be used to identify the motor vehicle and its driver, owner or authorised user;

4) combination of vehicles means a combination of vehicles consisting of one or more hauling vehicles (traction unit) and one or more trailers or towed equipment;

5) bus means a car designated for carrying passengers, which has more than eight seats in addition to the driver ’ s seat;

6) right of way means the right of a road user to advance before another road user;

7) dividing strip means a kerb, green or other strip separated from the road and not intended for vehicular traffic;

8) traffic lights means an electric device used on roads to regulate traffic by using light signals;

9) trailer means a vehicle manufactured to be drawn when coupled to a motor vehicle or a vehicle adapted for such purpose. Towed equipment and interchangeable towed equipment is not deemed to be a trailer;

10) poor visibility means a temporary situation caused by weather or another phenomenon (fog, rain, snow, snowstorm, twilight, smoke, dust, water and mud splashes, sun glare) in which objects on the road are indistinguishable from their background at more than 300 meters;

11) reflector means a means for increasing the visibility of a person or another object in darkness by reflection of light from that means towards the light source, visible in the illumination of the dipped-beam headlamps at a distance of at least 150 metres and of the main-beam headlamps at a distance of at least 300 metres;

12) emergency stopping means the bringing of a vehicle to a halt or where the halting of a vehicle when the continuation of driving is dangerous or technically impossible;

13) pedestrian means a road user who travels on foot, in a wheelchair or in another vehicle designated for use solely by a person with reduced mobility. A road user who travels using a muscle-powered skateboard, roller skates, roller skis, kick scooter, kicksled or another similar item and a road user walking a cycle or a one-wheeled or two-wheeled vehicle without power is also deemed a pedestrian;

14) cycle means a vehicle that has at least two wheels and is propelled solely by the muscular power of the person riding it by means of pedals or hand-cranks and levers as well as a vehicle that meets these criteria and is equipped with an electric motor of a maximum continuous rated power of 0.25 kilowatts whose output capacity decreases along with an increase in speed and whose power supply stops once the rider stops pedalling or before the speed of the vehicle reaches 25 kilometres per hour. A wheelchair for a person with reduced mobility is not deemed a cycle;

15) cycle and pedestrian track means a separate road or part of a road designated for cycles, personal light electric vehicles, light mopeds, self-driving delivery robots and pedestrians and signposted as such. A cycle and pedestrian track is part of the carriageway at an intersection of carriageways;

16) cycle lane means a longitudinal strip of the carriageway indicated by road surface marking and designated for cycles, personal light electric vehicles, light mopeds or two-wheeled mopeds;

17) cycle track means a part of the road separated from the carriageway by structural means or a separate part of the road or a separate road, which is designated for cycles, personal light electric vehicles, light mopeds or two-wheeled mopeds and signposted as such. A cycle track is part of the carriageway at an intersection of carriageways;

18) footpath means a separate road designated for pedestrians, self-driving delivery robots and personal light electric vehicles, which may be signposted as such;

19) driver means a person who drives a vehicle or an off-road vehicle or guides animals on a road. A driving instructor or personal driving supervisor is deemed to be a driver during driving lessons and driving practice and the examinee is deemed to be the driver during a driving test;

20) ice road means a temporary road made on a frozen body of water for vehicles and pedestrians, signposted as such using adequate traffic control devices;

21) light trailer means a trailer with its maximum mass not above 750 kilograms;

21¹) personal light electric vehicle means a battery-driven vehicle designed for carrying one individual, which complies with the requirements of subsection 1² of § 87 of this Act, except a cycle. A personal light electric vehicle also means a self-balancing vehicle specified in clause 80 of this section;

22) motorway means a road specially designed and built for the traffic of motor vehicles and signposted as such, which does not serve adjacent immovables, is provided with separate carriageways for the opposite directions of traffic and does not cross at level with any road, railway, tramway, cycle and pedestrian track, cycle track, footpath or pavement;

23) speed limitation device means a device limiting the speed of a motor vehicle;

24) inspector means a person who exercises supervision over vehicles, road users and drivers within the limits of the authority granted by a statute and carries a document certifying their authority;

25) pavement means a part of the carriageway designated for pedestrian, self-driving delivery robot and personal light electric vehicle traffic and separated from the carriageway or cycle track by a kerb or in another manner, which may be signposted as such or marked with respective road surface markings;

26) side turn means a right or left turn;

26¹) group of children means a group of children of a childcare institution or preschool or of students of the first stage of a basic school;

27) road user means a person who participates in traffic as a pedestrian or a driver;

28) traffic means the movement and positioning of (a) pedestrian(s) or (a) vehicle(s) on the road. Driving cattle and riding animals is also deemed to constitute traffic;

28¹) traffic supervision means state supervision over traffic and the movement of off-road vehicles;

29) traffic control device means a device for managing or guiding traffic (traffic lights, traffic sign, road marking, flashing lamp, barrier, speed limitation device, threshold, warning tape, traffic post, traffic cone, crossing barrier, safety island or other such device);

30) road sign means a sign that establishes certain road traffic rules, informs road users of a traffic hazard or helps to adapt to the traffic situation;

31) traffic hazard means a situation that compels road users suddenly to change direction or speed or to stop in order to avoid danger;

31¹) non-traffic means of information means an announcement, notice, advertisement or sign which is installed on a carrier permanently attached to the ground or on a movable supporting structure or on another supporting structure of the means of information and which is not designated for the management of traffic or which does not conform to the requirements established for traffic control devices;

32) traffic accident means an event in which an individual is injured or killed or material damage is caused as a result of at least one vehicle moving on or off the road;

33) person with mobility disability means a person with a moderate, severe or profound mobility disability;

34) mobile machinery means a motor vehicle on wheels or caterpillar tracks designed for carrying out specific work and with a design speed of over 6 but less than 40 kilometres per hour. Vehicles designed for specific work applications, which are manufactured on the basis of a car, are not deemed to be mobile machinery;

35) off-road area means a territory that is not a road for the purposes of the Building Code and is not designated for traffic of motor vehicles, trams or rail vehicles;

36) off-road vehicle means a vehicle powered by a motor, which is designed to be driven off road and is not a motor vehicle for the purposes of this Act;

37) manoeuvre means any turn or changing of lanes or rounding;

38) combination of tractors means a combination of vehicles consisting of a tractor or mobile machinery (traction unit) and a trailer or towed equipment or interchangeable towed equipment;

39) motorcycle means a two-wheeled motor vehicle with or without a sidecar, which has an internal combustion engine with a capacity exceeding 50 cubic centimetres and a design speed above 45 kilometres per hour. A three-wheeled motor vehicle with symmetrically arranged wheels that complies with the aforementioned conditions is also considered a motorcycle;

40) motor vehicle means a power-driven vehicle, except for an engine-powered vehicle designated for use solely by a person with reduced mobility, a cycle, a personal light electric vehicle, a light moped, a self-driving delivery robot, an off-road vehicle, a tram and a vehicle with a design speed of no more than six kilometres per hour;

41) driving a motor vehicle means any activity of a person in the driver ’ s seat of a motor vehicle while it is moving. Any activity of a person while the person is not in the driver’s seat but influences the driving direction or speed of the motor vehicle with the help of control devices (steering bars, steering wheel or other similar devices) is also deemed to be driving a motor vehicle;

42) moped means a two-wheel, three-wheeled or four-wheeled vehicle having an unladen mass of no more than 425 kilograms, a design speed of no more than 45 kilometres per hour and an internal combustion engine with a net power of or an electric motor with a continuous rated power of up to four kilowatts in the case of a two-wheeled or three-wheeled moped and up to six kilowatts in the case of a four-wheeled moped. The capacity of the internal combustion engine of a two-wheeled moped does not exceed 50 cubic centimetres and the capacity of the spark ignition internal combustion engine of a three-wheeled or four-wheeled moped does not exceed 59 cubic centimetres;

43) high-visibility warning clothing means clothing designated to increase the visibility of a traffic controller;

44) overtaking means moving past one or more driving vehicles by exiting one ’ s own lane. Rounding or passing is not deemed to be overtaking;

45) passing means moving past one or more driving vehicles without exiting one’s own lane. Moving past a vehicle driving in the opposite direction is also deemed to be passing;

46) rear registration plate light means a lamp illuminating the rear registration plate of a vehicle;

47) safety island means a road structure increasing the safety of pedestrians upon crossing the carriageway;

48) safety waistcoat means a garment designated to increase the safety of road users;

49) parking means bringing a vehicle to an intentional halt for longer than is necessary for picking up or setting down passengers or for loading or unloading goods;

50) car park means an area designed structurally or for traffic management purposes for the parking of vehicles, comprising parking places and parts of a road connecting them;

51) priority road means a road signposted as such in its entirety. At an intersection, the priority road is a road signposted as such in relation to an intersecting road or a paved road in relation to a gravel road or an earth-track and a gravel road in relation to an earth-track. Gravel roads or earth-tracks that have a paved section before emerging into an intersection with a paved road are not deemed to be paved roads;

52) standing means the bringing a vehicle to an intentional halt for picking up or setting down passengers or for loading or unloading goods. Stopping with the traffic flow or when requested by a traffic control device or a traffic controller is not deemed to be standing;

53) limited visibility means a situation where curves, crests of hills, roadside facilities, green areas or obstacles on the road reduce visibility to such an extent that driving on this part of road with the maximum speed allowed thereon may be dangerous;

54) night-time means the period of time between nightfall and dawn when visibility is less than 300 metres due to the lack of natural light;

55) blind person means a person whose visual acuity with correction in the better eye is lower than 0.1 or whose field of vision is narrower than 20 degrees;

56) light moped means a vehicle that has at least two wheels and a seat and whose capacity in the case of an internal combustion engine or whose maximum continuous rated power in the case of an electric motor does not exceed one kilowatt and whose design speed does not exceed 25 kilometres per hour;

57) drawing means hauling another motor vehicle, combination of vehicles or combination of tractors using a motor vehicle;

58) towed equipment means a mechanism, structure, construction or other equipment with at least one wheel having stable contact with the ground, coupled to a motor vehicle and pulled after or pushed before such vehicle;

59) haulage of towed equipment means also the haulage of interchangeable towed equipment;

60) side appropriate to the direction of traffic means a carriageway or a part thereof designated for vehicular traffic in one direction. In the event of a two-way carriageway, the right part of the carriageway bordered by a traffic control device on the left or, in its absence, by the imaginary centre-line, is deemed to be the side appropriate to the direction of traffic. Where the tracks of a tramway are located in the middle of a carriageway and they are at grade with it, the centre-line of the tracks of the tramway is deemed to separate the two sides of the direction of traffic. A tramway appropriate to the direction of traffic belongs to the side appropriate to the direction of traffic. On a two-way carriageway that has three lanes marked with road surface markings in its overall width, only the rightmost lane is the side appropriate to the direction of traffic, unless provided otherwise by a traffic control device. Where a road has a separate lane for public transport vehicles or slow-moving, heavy or other vehicles that are not rail vehicles or rail-borne vehicles, the edge of this separate lane closest to the carriageway is the edge of the side appropriate to the direction of traffic for other trackless vehicles;

61) turn means a side turn or a U-turn;

62) continuous rated power means the net power specified by the manufacturer at continuous load;

63) heavy vehicle means a vehicle with or without cargo, a combination of vehicles or a combination of tractors, with its laden mass or load on any axis exceeding the requirements specified in § 80 of this Act;

64) rail vehicle means a is a rail vehicle as defined in the Railways Act;

65) level crossing means an intersection at grade between a road and a railway. A barrier or, in absence thereof, the location of a railway sign indicating a single or multi-track railway constitute the border between a road and a level crossing;

66) permissible maximum mass means the maximum mass determined for a fully equipped vehicle together with its driver, passengers and cargo upon registration, which must not exceed the maximum mass permitted by the manufacturer;

67) traffic controller means a person who directs or stops road users within the limits of their authority;

68) intersection means an area formed by any intersecting carriageways at grade. The following is not deemed to be an intersection: any place where a car park, a calm traffic area, resting place or an area adjacent to a road is adjacent to a carriageway, any access road to a car park, calm traffic area, resting place or an area adjacent to a road, any intersection of a single-lane road and a field or forest road, and any intersection of such roads. An intersection is regulated when traffic lights or directions given by a traffic controller determine the sequence of road users. An intersection is unregulated in all other events;

68¹) self-driving delivery robot means a partially or fully automated or remotely controlled vehicle which moves on wheels or another chassis that is in contact with the ground, which uses sensors, cameras or other equipment for obtaining information on the surrounding environment and based on the obtained information is able to move partially or fully without being controlled by a driver;

68²) self-driving delivery robot user means a natural or legal person who is the direct possessor of a self-driving delivery robot and uses the self-driving delivery robot in traffic. A person who is provided with a service using a self-driving delivery robot under a contract or on another ground and who does not have substantive control over the maintenance, operation the self-driving delivery robot or over allowing the self-driving delivery robot to engage in traffic is not considered a self-driving delivery robot user.

68³) controlling of a self-driving delivery robot means the adjustment of the moving speed or direction of a self-driving delivery robot by a natural person directly or by way of remote control using electronic, manual or other control equipment. The controlling of a self-driving delivery robot also means the setting of the path of movement for a self-driving delivery robot and the giving for the related movement and stopping instructions for the time during which the self-driving delivery robot participates in traffic partially or fully without the controller’s control, but only to the extent that the self-driving delivery robot follows such instructions;

69) rail-borne vehicle means a vehicle designated to move on rails. For the purposes of this Act, a rail vehicle is not deemed to be a rail-borne vehicle;

70) large vehicle means a laden or unladen vehicle, combination of vehicles or combination of tractors, which has at least one dimension that exceeds the requirements specified in § 80 of this Act;

71) passenger car means a car designated to carry passengers, which has up to eight seats in addition to the driver’s seat;

72) road with right of way means a road where the driver has the right of way in relation to the drivers driving on an intersecting road;

73) vehicle means a device powered by a motor or in another way, designated for road traffic or driving on the road;

74) motorcade means two or more vehicles travelling in an organised way after one another;

76) lane means any one of the longitudinal strips into which a carriageway is divisible, whether or not signposted as such or defined by road markings, wide enough for one moving line of cars. Two-wheeled motorcycles and mopeds may drive in two lines on a lane;

77) traffic line means a line formed by vehicles driving behind one another;

78) carriageway means the part of a road designated for vehicular traffic. Cycle tracks and cycle and pedestrian tracks are not carriageways. A road may comprise several carriageways separated from one another by a dividing strip. Carriageways intersecting at grade form an intersecting area of carriageways. The edge of a carriageway is indicated by the respective road surface marking or, where there is no road surface marking, by a shoulder, dividing strip, green area or the edge of another verge, or by the bottom of a gutter or the kerb of the carriageway. Where both tracks of a two-way tramway that is at grade with a carriageway are on one side of the carriageway, the tramway rail closest to the carriageway is deemed to be the edge of the carriageway for trackless vehicles;

79) passenger means a person who is using a vehicle for travelling, but is not the driver;

80) self-balancing vehicle means a self-balancing electric two-track vehicle designed to carry one individual;

81) road means a public structure that is used for pedestrian or vehicular traffic or another area designated for traffic by a landowner. A road also comprises shoulders, dividing strips and green area strips. Roads may be paved roads, gravel roads or earth-tracks depending on the upper layer. A paved road is a road coated with a layer of material processed with cement, ash or bitumen (asphalt, cement concrete or other such coating) and a paving stone or cobblestone road. A gravel road is a road of gravel, gravely sand or crushed stone sand or crushed stone screenings. An earth-track is a field, forest or other such uncoated road that is built for traffic or has developed into a road as a result of traffic;

82) area adjacent to a road means a roadside territory where constructions visible to a driver from the road are located and that may be accessed by an access road;

83) road marking means a road surface marking or a vertical marking that establishes a certain traffic order, helps to adapt to traffic and indicates various sources of danger. A road surface marking is a line, arrow, entry or image on the road surface. A vertical marking comprises alternate white and black stripes at the edge of the road or a reflector on a white post with or without a black stripe;

84) laden mass means the actual mass of a vehicle at a given moment together with its driver, passengers and cargo;

85) axle load means the portion of the mass of a vehicle that exerts force on the road through the axle;

86) tractor means a motor vehicle designated for field or forest work, which has wheels or tracks and at least two axes, and whose maximum design speed is at least six kilometres per hour. Vehicles designed for specific work applications, which are manufactured on the basis of a car, are not deemed to be tractors;

87) tram means a rail vehicle for carrying passengers, with or without a rail-borne trailer, which runs on tracks and is connected to an overhead wire;

88) trolleybus means a car for carrying passengers, which is connected to an overhead wire and has more than eight seats in addition to the driver’s seat;

88¹) fully electric motor vehicle means a motor vehicle which has an electric motor for traction and which has no internal combustion engine;

89) maximum mass means the authorised maximum mass, declared by the manufacturer, of a fully equipped laden vehicle, with the crew and passengers on board;

90) unladen mass means the mass of a fully equipped vehicle as determined by the manufacturer;

91) interchangeable towed equipment means a mechanism used in agriculture or forestry, the main purpose of which is to add to or change the functions of a tractor and which is designed to be drawn coupled to a tractor;

92) design speed means the maximum speed designated for a vehicle by the manufacturer;

93) authorised user means a natural person with Estonian citizenship or with a permanent residence and a residence permit or right in Estonia or a legal person registered in Estonia who uses the vehicle under a contract for use or a sales contract with reservation of title of ownership and has been entered in the motor register as the authorised user of the vehicle. A representative nominated by the authorised user of a vehicle not meeting the conditions specified in this clause is also deemed to be an authorised user;

94) truck means a car designed for the carriage of goods or for drawing while coupled to vehicles or for specific work applications;

95) driving practice area means a paved road or area adapted to this purpose and closed for other traffic;

96) calm traffic area means a road designated for the common traffic of pedestrians and vehicles in which the speed of vehicles is reduced by structural or other means and where entry and exit roads are signposted as such;

97) public transport vehicle means, for the purposes of the Public Transport Act, a bus, trolleybus or tram providing the public transport service or a passenger car intended to provide the public transport service;

98) lane reserved for public transport vehicles means a part of a carriageway, marked with the respective traffic control device, which is designated for the traffic of vehicles specified in § 37 of this Act;

99) crossing means a part of a road that is designated for pedestrians to cross the carriageway, cycle track or tramway track and marked as such, where the pedestrians have no right of way towards drivers of vehicles, unless the pedestrian uses the crossing on a carriageway onto which the driver of the vehicle is turning;

100) pedestrian crossing means a part of a road that is designated for pedestrians to cross the carriageway, cycle track or tramway track and is marked with a relevant traffic control device and where drivers are required to give way to pedestrians. A pedestrian crossing is considered a regulated pedestrian crossing where the sequence of movement of the road users is determined by traffic light signals or signals given by a traffic controller. Pedestrian crossings are unregulated in all other cases;

101) rounding means the passing of one or several vehicles standing on a carriageway or another obstacle by exiting one’s own lane.

§ 3. Ensuring safety of road users

(1) The Government of the Republic develops the national road traffic safety policy.

(2) The Ministry of Climate organises the ensuring of the safety of road users and traffic safety.

(3) The Ministry of the Interior organises traffic supervision.

(4) The Ministry of Education and Research organises the implementation of the traffic education policy.

(5) Municipalities organise road traffic safety awareness raising and educational work among the population, at schools and at child care establishments within their administrative territories.

(6) Municipalities ensure compliance with road traffic safety requirements upon drawing up and adoption of plans.

§ 4. Traffic Education

(1) The purpose of traffic education is to shape a culture of road users who show consideration for other road users and who:

1) practise safe road use, understand the traffic environment and avoid acting in a manner that could endanger people or obstruct traffic;

2) have the knowledge and skills to help themselves and other road users cope and remain safe in various traffic situations as pedestrians, passengers and drivers;

3) disapprove of driving in a state exceeding the maximum permitted alcohol level in the bloodstream or in a state of intoxication as well as of travelling in a motor vehicle driven by a driver who is in such a state.

(2) Children are provided with traffic education and taught how to use the road safely by:

1) their parents or legal guardian;

2) child care institutions, preschools, basic schools, upper secondary schools, vocational educational institutions, hobby schools or other competent institutions.

(3) The procedure for educating children about traffic and road use specified in clause 2 of subsection 2 of this section is established by a regulation of the Government of the Republic.

(4) Road traffic safety education for adults is provided through training, the mass media, road traffic safety campaigns, information days, special information bulletins and other similar means.

§ 5. National road traffic safety programme

(1) The aim of the national road traffic safety programme is to more effectively implement measures to continuously improve road traffic safety and to reduce the number of persons killed or injured in traffic accidents.

(2) The national road traffic safety programme is implemented by ministries and authorities that have the competence to develop and take road traffic safety measures as well as by municipalities, state agencies and non-governmental organisations that have the competence to educate road users and cultivate their proper attitudes and safe traffic habits.

(3) The implementation of the national road traffic safety programme at the local government level is effected through regional and local road traffic safety programmes and action plans.

§ 5¹. Information on state of road and organisation of use of road

(1) Information on the state of national roads, closure of a road and general requirements for the use and protection of a road is provided by the Transport Administration. Fresh information on traffic conditions on national roads is provided by the Transport Administration via the Internet and a radio station that is broadcast nationwide.

(2) At least 24 hours in advance, the Transport Administration gives notice of any significant changes in traffic control on a national road and of the period during which such change is in force via a radio station that is broadcast nationwide. The owner of a public road must give notice of any changes in traffic control in such a manner that the information reaches the road users whom it may concern.

(3) In the event of a heavy snowstorm or black ice and in other cases which significantly affect traffic control or traffic safety, the Transport Administration is required to give immediate notice of the state of national roads and give fresh information on any changes in traffic control caused by a natural disaster or traffic accident via a radio station that is broadcast nationwide.

§ 5². Rights and duties of owner of public road

(1) The owner of a public road must:

1) remove from the road plantations, trees and bushes which restrict visibility as well as other construction works, rubbish, dead animals and birds which pose a traffic hazard;

2) install traffic control devices which warn road users or divert traffic in the event of an accident and in a situation endangering other road users.

(2) The owner of a road may close the road or a part thereof for a certain period of time or restrict traffic on the road where the load-bearing part of the road has deteriorated due to soil thawing, rain or other factors significantly affecting traffic and where traffic may damage the road, or where traffic on the road is dangerous.

(3) In order to ensure the safety of passengers, the owner of a road must ensure the safety of the road and of the locations designated for the entry and exit of passengers.

(4) In order to ensure the safety of passengers, the owner of a public road may establish temporary or permanent restrictions on other vehicle traffic on a public transport route.

§ 5³. Non-traffic means of information

(1) Permission to install and non-traffic means of information in the protection zone of a road, except on buildings, is granted by the owner of the road. To obtain the permission, the applicant must submit a drawing and the layout of the location of the means of information.

(2) A non-traffic means of information may be installed in the road protection zone where the means of information:

1) does not mislead road users or obstruct their view of a traffic control device;

2) does not make it difficult to distinguish a traffic control device;

3) does not pose a traffic hazard by dazzling road users or distracting their attention;

4) does not restrict visibility at a junction.

(3) A non-traffic means of information which, due to its shape, colour or design, could be mistaken for a traffic control device cannot be installed on a road or in the road protection zone

(4) Damage caused by disregarding the requirements for the installation of a non-traffic means of information must be compensated to a road user by the owner of the means of information.

(5) A non-traffic means of information may be installed on a road of the European road network and in the protection zone of such roads only where the means of information is parallel to the axis of the road.

(6) A non-traffic means of information may be installed in the road protection zone on the conditions provided for in subsection 2 of this section where the distance between the edge of the means of information closest to the carriageway and the edge of the carriageway is at least 12 metres.

(7) The owner of a non-traffic means of information bears all expenses relating to the installation, maintenance and removal of the means of information.

(8) A non-traffic means of information installed on a roads or in the road protection zones without the consent of the owner of the road or the owner of the land in the road protection zone must be without delay removed by the owner of the means of information at the request of the owner of the road or the owner of the land in the road protection zone. Where this requirement is not met, the owner of the road or the owner of the land in the road protection zone has the right to remove the means of information. The costs of removing the means of information are borne by the owner of the means of information.

§ 6. Traffic management

(1) The purpose of traffic management is to ensure trouble-free, smooth, swift and safe traffic with minimum harm to the environment.

(2) Traffic management is achieved through the use of traffic control devices.

(3) The traffic control devices used for traffic management must meet the requirements of this Act and the Building Code.

(4) The owner of a road or a person responsible for the organisation of road management ensures traffic management and the proper positioning and maintenance of traffic control devices.

(5) Traffic control devices may not be damaged and hidden from the view of road users. Traffic control devices may not be installed, moved or removed without authorisation to do so.

(6) The meanings of road signs and road markings (road surface markings and vertical markings) are established by a regulation of the minister in charge of the policy sector.

§ 6¹. Intelligent Transport System

(1) ‘Intelligent Transport System’ means a system in which information and communication technology is applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management, as well as for an interface with another mode of transport.

(1¹) ‘Cooperative Intelligent Transport System’ means an intelligent transport system that enables its users to communicate and cooperate through secured and trusted messages, including with unknown users, on a non-discriminatory basis.

(2) The principles specified in Directive 2010/40/EU of the European Parliament and of the Council on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, pp. 1–13) and the specification adopted by the European Commission based on that Directive apply to the development and deployment of Intelligent Transport Systems and services.

(2¹) For the purposes of this Act, ‘Intelligent Transport System service’ means the provision of an Intelligent Transport System application through a defined organisational and operational framework with the aim of contributing to user safety, efficiency, comfort and sustainable mobility and of facilitating and supporting transport and travel operations.

(2²) The priority areas in the development and deployment of Intelligent Transport System services are the Intelligent Transport System services related to:

1) information and mobility;

2) travel, transport and traffic management;

3) road safety and the safety of road users;

4) cooperative, connected and automated mobility.

(2³) The priority areas provided in subsection 2² of this section are detailed in Annex I to Directive 2010/40/EU of the European Parliament and of the Council.

(2⁴) Personal data necessary for the functioning of an Intelligent Transport System application and service are processed only in so far as it is necessary for the functioning of the Intelligent Transport System applications, services and actions as defined in Annex I to Directive 2010/40/EU of the European Parliament and of the Council, in order to ensure road safety and the safety of road users and to manage traffic, mobility and incidents more efficiently.

(2⁵) When processing personal data necessary for the functioning of an Intelligent Transport System application and service, such data must be anonymised where technically feasible and possible taking into account the purposes for which they are processed. Where anonymisation is not possible, but pseudonymisation is technically feasible and the purposes of data processing can be achieved using pseudonymised data, personal data must be pseudonymised.

(3) Once the European Commission adopts the specification, specific conditions and procedure for the development and deployment of Intelligent Transport Systems may be established by a regulation of the minister in charge of the policy sector.

(4) The Estonian Data Portal is a national access point within the meaning of Directive 2010/40/EU of the European Parliament and of the Council and the specifications adopted by the European Commission on the basis thereof, through which data holders make static and dynamic data available.

(5) The holders of the data listed in Directive 2010/40/EU of the European Parliament and of the Council and in the specifications adopted by the European Commission on the basis thereof ensure the availability of static and dynamic data in a machine-readable format on a non-discriminatory basis through the national access point by the due dates and to the extent set out in Annexes III and IV to that Directive. A data holder is responsible for keeping the data up to date and accurate.

(6) For the purposes of this Act, ‘static data’ means static data within the meaning of Article 2(5) of Commission Delegated Regulation (EU) 2022/670 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide real-time traffic information services (OJ L 122, 25.4.2022, pp. 1–16).

(7) For the purposes of this Act, ‘dynamic data’ means dynamic data within the meaning of Article 2(6) of Commission Delegated Regulation (EU) 2022/670.

(8) For the purposes of this Act, ‘data holder’ means a data holder within the meaning of Article 2(14) of Commission Delegated Regulation (EU) 2022/670.

(9) The Transport Administration is the competent body authorised to carry out conformity assessment as regards compliance with the requirements of Directive 2010/40/EU of the European Parliament and of the Council and the specifications adopted by the European Commission on the basis thereof.

(10) The Ministry of Climate and, within the limits of its competence, the Transport Administration cooperate in the priority areas with other Member States of the European Union and, where necessary, with relevant stakeholders. Such cooperation takes place, where appropriate, before the adoption by the European Commission of specifications in those areas under Directive 2010/40/EU of the European Parliament and of the Council and thereafter in the manner and in the areas specified in Article 5(3) of that Directive.

§ 6³. European Electronic Toll Service

(1) ‘European Electronic Toll Service’ (hereinafter also EETS and service) means a service provided in the Member States of the European Union for the purpose of facilitating the levying of road tolls, which the provider renders to a service user via an electronic road toll system and the on-board equipment of the vehicle under a contract covering a single electronic road toll domain or multiple domains.

(2) An EETS provider must make available to an EETS user on-board equipment which is interoperable and suitable for use in electronic road toll systems where at least one of the technological solutions specified in Article 3(1) of Directive (EU) 2019/520 of the European Parliament and of the Council 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 (OJ L 91, 29.03.2019, pp 45–76) is used.

(3) ‘Electronic road toll system’ means a toll collection system in which the obligation, for the user, to pay the toll is exclusively triggered by and linked to the automatic detection of the presence of the vehicle in a certain location through remote communication with on-board equipment in the vehicle or automatic number plate recognition.

(4) ‘EETS domain’ means a road, a road network, a structure, such as a bridge or a tunnel, or a ferry, where tolls are collected within the meaning of Directive (EU) 2019/520 of the European Parliament and of the Council using an electronic road toll system.

(5) ‘On-board equipment (OBE)’ means the complete set of hardware and software components to be used as part of the toll service which is installed or carried on board a vehicle in order to collect, store, process and remotely receive/transmit data, either as a separate device or embedded in the vehicle, which meets the requirements provided in Article 3 of Directive (EU) 2019/520 of the European Parliament and of the Council and in Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.05.2014, pp 62–106) and Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.03.2014, pp 79–106).

(6) Proving the compliance of OBE and interoperability constituents is subject to Article 15 of Directive (EU) 2019/520 of the European Parliament and of the Council, Commission Delegated Regulation (EU) 2020/203 on classification of vehicles, obligations of European Electronic Toll Service users, requirements for interoperability constituents and minimum eligibility criteria for notified bodies (OJ L 43, 17.02.2020, pp 41–48), Commission Implementing Regulation (EU) 2020/204 on detailed obligations of European Electronic Toll Service providers, minimum content of the European Electronic Toll Service domain statement, electronic interfaces, requirements for interoperability constituents and repealing Decision 2009/750/EC (OJ L 43, 17.02.2020, pp 49–62) and Chapter 3 of the Product Conformity Act.

(7) When creating an electronic road toll system, the Transport Administration prepares a domain statement in accordance with Commission Implementing Regulation (EU) 2020/204 and publishes it early enough to allow for interested service providers to prove the compliance of the interoperability constituents specified in subsection 6 of this section and complete the accreditation procedure established by the toll charger not later than one month before launching the electronic road toll system.

(8) The technological solution of the electronic road toll system must comply with the requirements provided in Directive (EU) 2019/520 of the European Parliament and of the Council, Commission Delegated Regulation (EU) 2020/203 and Commission Implementing Regulation (EU) 2020/204.

(9) The electronic road toll system database containing data specified in Article 21(1) of Directive (EU) 2019/520 of the European Parliament and of the Council is established and the statutes thereof are adopted by the minister in charge of the policy sector.

§ 6⁴. Acting as an EETS provider

(1) To be registered as an EETS provider, a person submits to the Transport Administration an application and information proving that the person fulfils the requirements provided in Article 4 of Directive (EU) 2019/520 of the European Parliament and of the Council. Where the person fulfils the requirements, the Transport Administration approves the application and registers the EETSprovider in the database specified in subsection 9 of § 6³ of this Act, publishes the name and contact details of the provider on its website and updates these at least once a year, informing the European Commission of any changes in the data.

(2) ‘EETS provider’ means an entity which, under a separate contract, grants access to EETS to an EETS user, transfers the tolls to the relevant toll charger, and which is registered by its Member State of establishment.

(3) ‘Toll charger’ means an entity which levies tolls for the circulation of vehicles in an EETS domain.

(4) An EETS provider publishes on its website the principles of conclusion of a contract with an EETS user.

(5) An EETS provider:

1) within one month after registration in the databasespecified in subsection 9 of § 6³ of this Act publishes on its website information on the domains regarding which it has concluded a contract on levying electronic road tolls which, among other things, provides that the EETS provider submits a toll invoice directly to the EETS user, as well as a detailed plan on the expansion of its services to other domains, except for the domains where toll chargers do not follow Article 6 (3) of Directive (EU) 2019/520 of the European Parliament and of the Council;

2) within 36 months after registration in the databasespecified in subsection 9 of § 6³ of this Act concludes a contract on levying electronic road tolls with the toll chargers of all of the domains of at least four Member States of the European Union, publishes on its website information of the domains covered by the contract and updates it at least once a year;

3) makes data on the vehicle and its owner or possessor suspected of not paying the road toll available to the toll charger.

§ 6⁵. Regulatory enforcement of the performance of the duties of an EETS provider

(1) ‘ Regulatory enforcement regarding the performance of the duties of an EETS provider ’ means an activity aimed at verifyingthe performance of the duties providedin subsection 2 of § 6³ or subsection 4 or 5 of § 6⁴ of this Act by an EETS provider.

(2) Regulatory enforcement regarding an EETS provider is carried out by the Transport Administration.

(3) An official engaged in regulatory enforcement has the right to demand that the EETS provider submit relevant documents, data, reports and explanations.

(4) Where an EETS provider is unable to submit documents providing the performance of the duties, the regulatory enforcement authority has the right to issue a compliance notice aimed at eliminating the deficiency.

(5) Where a compliance notice specified in subsection 4 of this section is not complied with, the maximum non-compliance levy imposed in accordance with the rules provided in the Substitutional Performance and Non-compliance Levies Act is 6,400 euros.

§ 6⁶. EETS user

(1) ‘EETS user’ means a person who has a contract with an EETS provider in order to have access to the EETS.

(2) An EETS user has the right to conclude a contract with any EETS provider, regardless of the Member State of the European Union where the vehicle has been registered.

§ 6⁷. Variations of electronic road toll

No electronic road toll within the meaning of Directive 2019/520/EC of the European Parliament and of the Council is levied on a national road.

§ 7. Meaning of traffic light signals

(1) Traffic lights with circular shaped signals regulate vehicular traffic and, in the absence of traffic lights for pedestrians, also pedestrian traffic. Traffic lights have three circular shaped signals: red on top, amber in the centre and green on the bottom. In exceptional cases a horizontally mounted traffic light with red in the left, amber in the centre and green in the right may be used.

The signals have the following meanings:

1) green permits proceeding;

2) flashing green permits proceeding but informs that amber is about to illuminate;

3) amber prohibits proceeding; proceeding from the place designated for halting is permitted only where halting in that place is impossible without endangering road traffic; where the light illuminates at the moment when the driver is on the intersection or a pedestrian crossing, proceeding must be continued;

4) red prohibits proceeding;

5) red and amber at the same time prohibit proceeding and inform that green is about to illuminate.

(2) Traffic lights with arrowheads regulate vehicular traffic at intersections. The signals are the shape of an arrowhead. Red and amber signals may have a circular shape; in that case they show the contour of an arrowhead. The signals are mounted vertically. The positioning of signals, sequence of illumination and meaning correspond to that of the traffic lights with circular signals. When a green arrowhead illuminates, traffic may proceed in the direction pointed by the arrowhead. A green illuminated arrowhead pointing to the left allows a U-turn from the leftmost lane.

(3) Traffic lights with additional signals regulate vehicular traffic at an intersection. The main signals of the traffic lights are mounted vertically, similarly to traffic lights with circular signals. There is an additional arrowhead signal on one or both sides of the green signal, illuminating in green. When the green arrowhead signal illuminates, vehicles may proceed in the direction indicated by the arrowhead regardless of which main signal is illuminated. A green illuminated arrowhead pointing to the left allows a U-turn from the leftmost lane. When the arrowhead signal is not illuminated, vehicles may not proceed in the direction indicated by the arrowhead. The green signal of a traffic light may itself show an arrowhead indicating the permitted directions for traffic when illuminated.

(4) A traffic light with a flashing amber signal indicates an unregulated intersection, a pedestrian crossing or other dangerous location.

(5) A traffic light for public transport regulates traffic for vehicles driven on a lane reserved for public transport vehicles. The traffic light has three vertically mounted white signals. The top signal is S-shaped, the middle signal is a horizontal bar and the bottom signal a vertical bar. The upper part of the vertical bar may be pointed in the direction of the turn. Illuminated signals have the following meanings: the top signal prohibits proceeding, the middle signal prohibits proceeding and informs that another signal is about to illuminate and the bottom signal allows for proceeding.

(6) Direction-changing traffic lights regulate traffic on lanes where traffic may change direction. When a red signal in the form of a tilted cross is illuminated in the left section of the traffic lights, traffic may not proceed along the lane above which the traffic lights are mounted. When a green signal in the form of an arrowhead pointing down is illuminated in the right section of the traffic lights, traffic may proceed along the lane above which the traffic lights are mounted. An intermediate section may also be used, incorporating a tilted amber arrowhead pointing down and flashing simultaneously with the green or being illuminated all the time. Illumination of the arrowhead in the intermediate section indicates that this direction will soon be closed for the traffic and vehicles need to proceed to a lane in the direction indicated by the arrowhead. When the direction-changing traffic lights are not illuminated and are located above a lane marked by a double broken line, proceeding onto this lane is prohibited.

(7) Traffic lights at a crossing regulate traffic at level crossings, berths, places of exit of emergency vehicles and movable bridges. The traffic lights have two flashing red signals. Flashing prohibits advancement. On level crossings a slowly flashing white signal may be used in addition to the two red flashing signals; the level crossing may be traversed when the white signal is flashing, but not when the red signals are flashing. Traffic lights at a crossing may also incorporate only a red and a green signal, which have the same meaning as in traffic light with circular shaped signals.

(8) Cycle traffic lights regulate the traffic of cycles, personal light electric vehicles, light mopeds and two-wheeled mopeds. Traffic lights with a pedestrian and cycle pictograph regulate the traffic of pedestrians, personal light electric vehicle riders, self-driving delivery robots and cyclists. The shape of the traffic lights and the position and meaning of the signals are the same as those of traffic lights with circular signals. The signals show a pictogram of a cycle or of a cycle and a pedestrian or incorporate an additional section with the pictograph of a cycle next to the traffic lights with circular signals.

(9) Pedestrian traffic lights regulate the traffic of pedestrians, personal light electric vehicle riders and self-driving delivery robots. Pedestrian traffic lights also regulate the traffic of cyclists and light mopeds where the cycle and pedestrian track has no cycle traffic lights. The upper part of the traffic lights shows a red pictograph of a pedestrian, prohibiting pedestrians, personal light electric vehicle riders and self-driving delivery robots to cross the carriageway, while the lower part shows a green pictograph of a pedestrian, permitting pedestrians, personal light electric vehicle riders and self-driving delivery robots to cross the carriageway. The traffic lights’ red pictograph of a pedestrian prohibits and the green one permits also cyclists and light moped riders to cross the carriageway where the cycle and pedestrian track has no cycle traffic lights. The traffic lights may be equipped with an audible signal that, when beeping with long intervals, indicates that the red signal is illuminated, and when continuous, indicates that the green signal is illuminated. Where necessary, the pedestrian traffic lights may have two upper red signals showing the pictograph of a pedestrian.

(10) A countdown timer may be incorporated into the traffic lights, indicating how many seconds remain until another signal illuminates.

(11) The requirements for traffic lights are established by a regulation of the minister in charge of the policy sector.

§ 7¹. Designation of road

(1) A place name compliant with § 4 of the Place Names Act must be given to a public road. A place name may be given to other roads as well in accordance with the procedure provided for in the Place Names Act.

(2) The types of road that must be designated, the procedure for installation of guiding signs and service point signs, and the system of referring to destinations are established by a regulation of the minister in charge of the policy sector.

(3) During road construction, the proper installation of traffic control devices and traffic safety is ensured by the undertaking for the purposes of the Building Code.

(4) The requirements for traffic management are established by a regulation of the minister in charge of the policy sector.

§ 7². Requirements for road use

(1) It is prohibited to damage and pollute a road.

(2) Upon using a road, an undertaking engaged in the carriage of cargo or passengers must provide the owner of the road, where the owner so requires, with information on vehicles using the road, the volume of transport operations, the itinerary and the frequency of journeys.

(3) A road may be used for a non-traffic purpose only upon the written consent of the owner of the road and on the conditions established by the owner of the road.

(4) Where the road is closed for a non-traffic purpose, the person who obtained the respective consent must compensate the road owner for the costs relating to the reorganisation of traffic.

(5) The owner of a private road must allow an emergency vehicle, a surveillance vehicle and, during a state of emergency or war, a vehicle of the Defence Forces to use the private road. The owner of a private road must allow other vehicles to temporarily use the private road only where a public road that reasonably grants access to the same place has been closed for eliminating the consequences of an emergency or a natural disaster.

§ 9. Requirements for traffic controller and traffic controller training provider

(1) A traffic controller must wear the high-visibility warning clothing or uniform specified in subsection 1 of § 11 of this Act.

(2) By way of exception, a safety waistcoat specified in subsection 1 of § 11 of this Act may be worn in urgent or short-time traffic control episodes.

(3) A traffic controller must be at least 18 years of age and must have undergone training in accordance with the established procedure. By way of exception, a traffic controller controlling parking in a car park may be at least 16 years of age. A traffic controller accompanying special carriage must also have the right to drive a combination of vehicles belonging to category CE. A traffic controller specified in clauses 8 and 9 of subsection 3 of § 8 of this Act must hold the traffic controller certificate and their state of health must correspond to at least the health requirements established for the driver of a motor vehicle of category B as provided for in subsection 10 of § 101.

(4) The requirements specified in subsection 3 of this section do not apply to police officers, assistant police officers, traffic controllers of the Estonian Defence Forces and the Estonian Defence League, rescue servants or voluntary rescuers involved in mediating a rescue incident.

(5) Where an event or activity is not periodically recurring or does not require traffic control for more than three days, except in the event of accompanying special carriage, persons having undergone the traffic controller training provided by a training provider specified in subsection 8 of this section may provide traffic controller training. The owner of a road on which traffic control is to take place has the right to request the use of a traffic controller specified in subsection 3.

(6) The training of traffic controllers and the practical on-road training of traffic controllers by a training provider approved by the Transport Administration must take place under the direct supervision of a traffic controller specified in subsection 3 of this section, who is at least 24 years of age, upon the approval of and on the conditions established by the owner of the road.

(7) A police officer and the road owner have the right to suspend the activities of a traffic controller specified in subsection 3 of this section where the traffic controller does not achieve the aim of traffic control or causes a traffic hazard as a result of their activities. In the event of suspension of the activities of the traffic controller, the police officer has the right to order that the person who granted authorisation to control traffic ensure, within a reasonable time, the replacement of the traffic controller by a traffic controller who complies with the requirements provided by a statute.

(8) Training providers approved by the Transport Administration have the right to train traffic controllers.

(9) To obtain the approval specified in subsection 8 of this section, the following documents and information must be submitted to the Transport Administration:

1) an application;

2) a curriculum complying with the requirements for the curricula of the traffic controller training course specified in subsection 12 of this section;

3) information on the professional qualifications of the lecturers of traffic controller training;

4) written consent by the lecturers specified in clause 3 of this subsection to commence work.

(10) The Transport Administration refuses to approve a training provider where:

1) the curricula submitted by the educational institution do not meet the established requirements;

2) the training provider does not have lecturers who meet the requirements specified in subsection 12 of this section, or

3) false information was given upon application for approval.

(11) The Transport Administration has the right to revoke the approval providing traffic controller training specified in subsection 8 of this section where:

1) false information was submitted upon application for approval;

2) the training does not comply with the requirements established by the minister in charge of the policy sector specified in subsection 12 of this section; or

3) the training provider has decided to terminate the traffic controller training.

(12) The procedure for training traffic controllers and the form, procedure for issue and revocation of certificates of traffic controllers as well as the curricula and requirements for the qualifications of lecturers are established by a regulation of the minister in charge of the policy sector.

(13) A person who has acquired foreign professional qualifications can act as a traffic controller where their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Transport Administration.

§ 10. Directions given by traffic controller

(1) An upright raised arm of the traffic controller means that road users have to stop. Road users must stop immediately after the traffic controller has raised an arm and has pointed to a place for stopping. Where the direction is given at the moment when a driver is at an intersection or on a pedestrian crossing, the driver must proceed.

(2) A horizontally outstretched arm or arms of the authorised designate a stop signal for all road users approaching from any direction that would cut across that indicated by the outstretched arm or arms; after the traffic controller has made this gesture and lowered an arm or arms, it means a stop signal for drivers in front of or behind the official.

(3) Drivers towards whom a traffic controller is with their side may drive to the right, forward, left or back. The traffic controller may also make a gesture in a direction of traffic, allowing road users to proceed in this direction.

(4) Traffic controllers may use other gestures or oral instructions to give comprehensible directions to road users.

(5) A direction prohibiting advancement remains valid until a direction allowing advancement is given.

(6) Proceeding is allowed in directions in which it is not prohibited.

(7) Directions given at intersections and on the roads between intersections have the same meaning.

(8) Traffic control directions are given by:

1) a traffic baton striped in black and white;

2) a red reflective disk;

3) a disk featuring the traffic sign ‘Closed to all vehicles’;

4) hand.

(9) A disk featuring the traffic sign ‘Closed to all vehicles’ may also be used by other traffic controllers where the image ‘Closed to all vehicles’ is replaced by other words characterising the profession of the traffic controller or an organisation, e.g. ‘Rescue,’ ‘Nature protection,’ ‘Roadwork,’ ‘Children,’ etc.

§ 11. Requirements for high-visibility warning clothing, safety waistcoat, cycling helmet, and reflector of animal-drawn vehicle, cycle, personal light electric vehicle, self-driving delivery robot, light moped and pedestrian

(1) High-visibility warning clothing, safety waistcoats, cycling helmets and reflectors used by pedestrians must meet the requirements established for personal protective equipment and correspond to their purpose of use.

(2) Reflectors used on animal-drawn vehicles, cycles, personal light electric vehicles, self-driving delivery robots and light mopeds must meet the requirements established in subsection 1 of this section or on the basis of subsection 11 of § 73 of this Act

§ 12. Traffic restrictions

(1) The owner of a publicly used road has the right to temporarily or permanently restrict vehicular traffic, depending on the mass, axle load, dimensions or category of vehicle, or pedestrian traffic or to prohibit traffic for ensuring the safety of road users, performing road maintenance works, preventing damage to road and road structures, reducing adverse impacts on the natural environment or providing a living environment for the purposes of the Public Health Act.

(2) Where restriction of traffic is not caused by the impacts of nature (thawing of the ground, storm and rainfall damage or other similar impact) or other extraordinary circumstances, the road owner or the person establishing the restriction must ensure access of road users to the restricted areas by other roads, by other modes of travel or in another time period.

(2¹) For the purpose of ensuring the safety of road users and public order, the owner of the road may establish temporary or permanent restrictions on the use of the road by self-driving delivery robots. The restrictions must be made available to the user of a self-driving delivery robot in a generally available machine-processable electronic form.

(5) The procedure for publication of traffic restrictions and application for an issue of traffic ban permits is established by a regulation of the minister in charge of the policy sector.

(6) More detailed requirements for the general availability of restrictions on the road use by a self-driving delivery robot and the machine-processable electronic form may be established by a regulation of the minister in charge of the policy sector.

§ 13. Environmental protection requirements

(1) The drivers must not damage the environment with excessive noise, dust or exhaust gases produced by the motor or other equipment of the vehicle where it is possible to avoid such damage.

(2) Motor vehicles may not be washed in bodies of water or on the shore closer than 10 metres to the waterline.

(3) The road user must not:

1) damage, pollute or otherwise contaminate the road or the areas adjacent to the road;

2) contaminate the environment with fuel or lubricants or change the oil of a motor vehicle in a place that is not designated for such purpose.

(4) The driver must not drive a vehicle with a leak that contaminates the environment.

(5) The motor of a vehicle standing or parked in a calm traffic area or residential area must not be left switched on for more than two minutes.

§ 14. Road traffic rules

(1) The right-hand rule of the road applies to vehicular traffic.

(2) All road users, managers of traffic and other persons must follow the requirements of the traffic legislation, exercise carefulness and cautiousness in traffic and ensure the smoothness of traffic in order to prevent danger and causing damage.

(3) Where a temporary road sign (removable base) and a permanent road sign conflict, the temporary road sign takes precedence over the permanent road sign.

(4) Where temporary (yellow) road marking and permanent road marking conflict, the temporary road marking takes precedence over the permanent road marking.

(5) Where a traffic sign and road marking conflict, the traffic sign take precedence over the road marking.

(6) The signal of a traffic light permitting advancement or a direction given by a traffic controller permitting advancement must not override the procedure established by a road sign, except a warning sign indicating an intersection with a non-priority road, a warning sign indicating an intersection of roads of the same category and priority signs, or by road marking.

(7) Nobody may endanger or obstruct traffic by their acts or omissions. A person causing a danger must take all measures in their power to eliminate the danger or reduce its harmful effects. Where necessary, police must be informed of the danger caused.

(8) Equipment or materials endangering or obstructing the movement of pedestrians, especially elderly or disabled persons, may not be placed on a pavement or shoulder without the consent of the owner of the road.

§ 15. Speed limit

(1) The speed limit is:

1) 90 kilometres per hour on roads outside built-up areas;

2) 50 kilometres per hour in built-up areas;

3) 10–25 kilometres per hour on an ice road or 40–70 kilometres per hour where the thickness of ice is up to 50 centimetres. The speed limit is 70 kilometres per hour where the thickness of the ice is more than 50 centimetres;

4) 50 kilometres per hour upon drawing;

5) 25 kilometres per hour upon haulage of towed equipment;

5¹) 90 kilometres per hour upon special carriage whereby the issuer of the special permit set out in subsection 3 of § 34¹ of this Act has not reduced the maximum speed limit;

6) 20 kilometres per hour in calm traffic areas. In the close proximity of a pedestrian or self-driving delivery robot, vehicles may drive at the speed of the pedestrian or self-driving delivery robot;

7) 60 kilometres per hour for buses where there are passengers standing or sitting sideways to the direction of the traffic in the bus;

8) 60 kilometres per hour for trucks where passengers are carried in the cargo space or on the open load bed of the truck in the Estonian Defence Forces or Estonian Defence League or 40 kilometres per hour where passengers are carried in the cargo space or on the open load bed of the truck on an island, except on a large island within the meaning of the Permanently Inhabited Small Islands Act, in an event specified in subsection 2 of § 34 of this Act;

9) 45 kilometres per hour for mopeds;

10) 40 kilometres per hour for mobile machinery;

11) 25 kilometres per hour for personal light electric vehicles and light mopeds;

12¹) six kilometres per hour for self-driving delivery robots;

13) 50 kilometres per hour for off-road vehicles where the off-road vehicle is used for driving on a road in the events specified in subsection 1 of § 154 of this Act.

(2) In accordance with subsection 4 of this section and depending on the traffic and road conditions, safety and category of vehicle:

1) the Transport Administration may increase the speed limit on rural roads to 120 kilometres per hour;

2) municipalities may increase the speed limit on roads in built-up areas to 90 kilometres per hour.

(3) The requirement for the speed limit specified in clause 7 of subsection 1 of this section is not extended to the derogations set out in subsection 11 of § 73 of this Act.

(4) The conditions of and procedure for increasing the speed limit are established by a regulation of the minister in charge of the policy sector.

(5) The owner of a road may reduce the speed limit specified in clauses 1 and 2 of subsection 1 of this section depending on the traffic and road conditions, safety and category of vehicles.

§ 16. Duties of road users

(1) The road user must be polite and mindful of other road users and avoid any behaviour that may obstruct traffic or endanger or be harmful to people, property or the environment.

(2) The road user must follow the directions given by a traffic controller and comply with other traffic instructions given by a traffic controller or an official exercising state supervision or a traffic control device, and follow the procedure for use of signage for vehicles.

(3) The road user must follow the instructions given by a traffic controller even where such instructions are in contradiction with this Act or a traffic control device, unless it endangers the life, health or property of people or the environment.

(4) The road user must not obstruct a funeral or other processions, a group of children accompanied by adults or a motorcade of vehicles escorted by a traffic controller.

§ 17. General obligations of giving way

(1) The road user must follow the requirements of traffic control devices and the directions of a traffic controller when giving way.

(2) The road user must give way to a vehicle with a flashing blue light or a blue signal light and with or without a special audible warning and to a vehicle escorted by such vehicle, as well as to a vehicle with a flashing yellow light working on the road or a vehicle escorting such vehicle. Where necessary, the road user must halt to give way.

(3) The driver emerging from a car park, a calm traffic area, an area adjacent to a road or their access road onto a carriageway must give way to road users travelling on that road, unless the duty to give way is regulated otherwise by traffic control devices.

(4) Every driver emerging from an earth-track onto a gravel road or a paved road must give way to road users travelling on the road, unless the duty to give way is regulated otherwise by traffic control devices.

(5) Drivers of trackless vehicles must give way:

1) upon leaving a carriageway, to pedestrians, personal light electric vehicle riders, self-driving delivery robots, cyclists and riders of mopeds and light mopeds, unless the duty to give way is regulated otherwise by traffic control devices;

2) to pedestrians, cyclists, personal light electric vehicle riders, self-driving delivery robots, cyclists or riders of mopeds and mini mopeds who cross the carriageway onto which the rider is turning, unless the duty to give way is regulated otherwise by traffic control devices;

2¹) to pedestrians crossing a pedestrian crossing;

3) upon turning left or making a U-turn, to the road users driving in the oncoming traffic or to drivers overtaking such road users, unless regulated otherwise by traffic control devices;

4) to pedestrians entering or exiting a public transport vehicle that has halted at a stop in the middle of the carriageway appropriate to the direction of traffic;

5) the driver of a vehicle approaching from the right or being located on the right side where the trajectories of both vehicles intersect and the sequence of movement is not specified otherwise in this Act;

6) upon reversing, to all other road users;

7) upon emerging to the carriageway along an acceleration lane, to the drivers travelling on the carriageway;

8) to the driver of a tram where the trajectories of a trackless vehicle and a tram intersect, unless it is regulated otherwise by traffic control devices.

§ 18. Indication of intention to give way

(1) A driver required to give way in accordance with traffic rules or traffic control devices must clearly indicate by slowing the speed or halting that the driver intends to follow the duty to give way.

(2) Every driver approaching an intersection must drive in such a way as not to disturb traffic at the intersection in the event of halting.

§ 19. Duties of road user in traversing level crossing

(1) A road user must exercise extra care upon traversing a level crossing. When a road user hears or sees an approaching railway vehicle, they must give way to it. A road user must comply with traffic signs, sound and light signals, position of the barrier and directions given by a traffic controller.

(2) A road user may not traverse a level crossing:

1) where the traffic lights show a prohibiting signal, regardless of the presence or position of the barrier;

2) where the barrier is in the process of being placed across the road, is across the road or in the process of being raised, regardless of the signals indicated by traffic lights;

3) where a prohibiting direction is given by a traffic controller;

4) by lingering.

§ 20. Standing and parking of vehicle

(1) The driver may not stand or park their vehicle in such a way that it obstructs other vehicles proceeding into or out of yards, garages, calm traffic areas and areas adjacent to a road, and obstruct the movement of pedestrians on pedestrian crossings and at intersections in the direction appropriate to the direction of pavements.

(2) On the roads in a built-up area, a vehicle may stand or park on a carriageway near to its right edge or on its right-hand shoulder in such a way that at least a strip of 0.7 metres would be available for the movement of pedestrians. In a built-up area, a vehicle may stand or park in a similar way on the left-hand side of a one-way road or on such a two-way road that has no tramway track in the middle and one lane in both directions separated by a broken line or, where no broken line exists, the carriageway is less than nine metres wide without taking into account the width of possible car parks constructed as an extension to the carriageway.

(3) On a carriageway in a built-up area, vehicles may stand or park in one line, however two-wheeled cycles, two-wheeled light mopeds, two-wheeled mopeds and two-wheeled motorcycles without a side-car and one-wheeled or two-wheeled personal light electric vehicles may stand or park two abreast, taking into account that the longitudinal axis of the vehicle must be parallel to the edge of the carriageway and, where no obstruction exists, the vehicle must be no further than 0.2 metres from the edge of the carriageway.

(4) In a built-up area, a moped, a motorcycle or a motor vehicle of less than six metres long belonging to category B without trailer or a motor vehicle of subcategory D1 without trailer may stand or park also:

1) on the carriageway at a certain angle to its edge at a place where it is allowed by a traffic control device or there is a lay-by;

2) in a car park next to the pavement, footpath, cycle track or cycle and pedestrian track in accordance with the procedure established by a traffic control device;

3) partly or completely on a pavement or cycle and pedestrian track where so allowed by a traffic control device, leaving at least a 1.5 metre wide strip available for the movement of road users on the verge of the pavement or track further away from the carriageway;

4) on a safety island and dividing strip where so allowed by a traffic control device.

(4¹) In the events specified in subsection 4 of this section, two-wheeled mopeds and two-wheeled motorcycles without a side-car may stand and park side by side in two lines in accordance with the procedure established by a traffic control device.

(4²) In a built-up area and on roads outside built-up areas, a cycle, a personal light electric vehicle and a light moped may also stand or park:

1) on the conditions provided in clauses 1, 2 and 4 of subsection 4 of this section, whereas a two-wheeled cycle or light moped and a one-wheeled or two-wheeled personal light electric vehicle may stand or park side by side in two lines in accordance with the procedure established by a traffic control device;

2) on the verge of the pavement, footpath or cycle and pedestrian track, leaving at least a 1.5 metre wide strip available on the pavement, path or track for the movement of pedestrians, cycles, personal light electric vehicles, light mopeds and self-driving delivery robots.

(4³) A cycle, personal light electric vehicle or light moped is parked on the verge of the pavement, footpath or cycle and pedestrian track in accordance with clause 2 of subsection 4² of this section such that it is away from the edge of the carriageway and the longitudinal axis of the vehicle is parallel to the edge of the pavement, footpath or cycle and pedestrian track further away from the edge of the carriageway. Where no obstruction exists, the vehicle must be no further than 0.2 metres from such edge. This subsection does not apply where the vehicle is parked in a cycle rack or in a place designated by a traffic control device, or locked to infrastructure on the side of the carriageway.

(5) A motor vehicle not specified subsection 4 of this section may not in any way park in any of the places specified in clauses 1 to 3 of subsection 4.

(7) On roads outside built-up areas, except in car parks and resting places, a vehicle may stand or park on the right-hand shoulder or, in its absence, on the road as much to the right as possible. Vehicles may stand and park only in one line and the longitudinal axis of the vehicle must be parallel to the edge of the road. This subsection does not apply to standing and parking in the manner provided in subsection 4² of this section.

(8) At night-time, a vehicle may stand or park outside a built-up area only in a car park or rest area.

(9) Before leaving the vehicle, the driver must take precautions to prevent the vehicle from moving spontaneously and prevent its unauthorised use.

§ 21. Prohibition to stand or park

(1) A vehicle may not stand or park at the edge of a carriageway towards the dividing strip, except at places and in the way indicated by a traffic control device.

(2) A vehicle must not stand:

1) at any place where a traffic control device does not allow it;

2) at a level crossing;

3) on a tramway track or closer than one metre to a tramway track;

4) on or under a bridge, trestle or overpass, save in such spaces as may be specially marked for parking;

5) at any point where a standing vehicle would prevent the traffic of other vehicles or obstruct pedestrians;

6) on pedestrian crossings, on intersections of a cycle track or a cycle and pedestrian track with a carriageway or closer than five metres to such places, and on the left-hand side of a two-way road closer than five metres after such places and on a cycle lane;

7) at any place where the distance between the continuous line marking the direction of traffic or a lane and the standing vehicle is less than three metres;

8) on a lay-by for public transport vehicles of category D or on a road marking for a public transport vehicle stop, or in their absence, on the side of the stop at less than 15 metres to the road sign indicating a bus stop, trolleybus stop or taxi stop, provided that such standing obstructs the traffic of public transport vehicles of category D or taxis;

9) at less than 15 metres to a road sign indicating a tram stop;

10) at any place where the vehicle would hide traffic light signals or road signs from the view of other road users;

11) on carriageways in places of limited visibility;

12) on a green area without the consent of its owner or possessor;

13) on the dividing strip and at any place where it is disrupted, save in cases allowed by traffic control devices;

14) at a distance less than five metres to an intersecting carriageway but not where a pavement or a cycle and pedestrian track intersect;

15) at an intersection, save in places allowed for parking. As an exception, vehicles may stand and park at a three-forked intersection on a road directly traversing the intersection, where they do so on the opposite side to the road not continuing from the intersection, provided that a traffic control device prohibits crossing between the sides of the direction of traffic;

16) for loading and unloading cargo on deceleration and acceleration lanes and at any place where one lane exists next to the lane allowing only a left turn or a U-turn.

(3) Public transport vehicles of category D may stand at stops for public transport vehicles of category D specified in clause 8 of subsection 2 of this section and taxis meeting the requirements of subsections 2 and 3 of § 64 of the Public Transport Act may stand and park at taxi stops.

(4) Parking is prohibited:

1) at any place where vehicles may not stand;

2) at any place where it is prohibited by a traffic control device;

3) on a carriageway at a distance of less than 50 metres to a level crossing;

4) outside parking places marked as such on the road;

5) outside built-up areas on carriageways of roads marked as priority roads by appropriate signs;

6) on deceleration and acceleration lanes;

7) at any place where one lane exists next to the lane allowing only a left turn or a U-turn;

8) at any place where the vehicle would obstruct another vehicle approaching a parking place or exiting a parking place.

§ 22. Location of pedestrian on road

(1) A pedestrian must walk on a walkway or road part designated for pedestrians. A pedestrian using a skateboard, roller skates, roller skis, kick scooter, kicksled or other similar mobility device who is about to overtake another pedestrian who is not using any mobility device must do so at a speed that does not considerably differ from the speed of the pedestrian who is not using any mobility device and allows for safely overtaking the pedestrian. A pedestrian must not unreasonably obstruct another pedestrian or a cyclist, personal light electric vehicle rider or self-driving delivery robot riding on a pedestrian crossing, pavement or cycle or pedestrian track.

(2) Where the traffic density allows for it, pedestrians are also permitted to walk on a cycle track and on the cycle part of a cycle and pedestrian track, provided that they do not obstruct riders moving on the same track or track part.

(3) On any roads where the speed limit for vehicles exceeds 20 kilometres per hour, a pedestrian must walk on a pavement or, where none exists, on the shoulder of the road. In the absence of such places or unsuitability thereof for pedestrian traffic, a pedestrian may walk on the carriageway by keeping as close to its edge as possible.

(4) A pedestrian walking on a rural two-way carriageway with no dividing strip and no pavement must walk only on the left shoulder, or in the absence of the shoulder or unsuitability thereof for pedestrian traffic, on the carriageway as close to its left edge as possible without obstructing vehicles. Pedestrian walking on the carriageway must, at night-time or when visibility is poor, walk in a single line.

(5) A pedestrian walking a cycle or one-wheeled or two-wheeled vehicle without power must walk close to the edge of the carriageway in the direction of traffic outside the carriageway, where possible.

(6) An organised group of people, except a group of children specified in subsection 7 of this section, may walk only close to the right edge of the carriageway or on the footpath or pavement no more than four persons abreast, without obstructing other pedestrians or personal light electric vehicle riders. An organised group of people may also walk on a cycle and pedestrian track no more than two persons abreast, without obstructing other pedestrians, cyclists, personal light electric vehicle riders or light moped riders. The person in charge of the group must ensure safety by appropriate means such as flags, reflectors, lanterns or other similar means.

(7) A group of children may walk only on a footpath, pavement or cycle and pedestrian track no more than two children abreast while accompanied by adults. Where there is no pavement, footpath or cycle and pedestrian track, a group of children may walk close to the right edge of the carriageway no more than two children abreast, thereby on roads within built-up areas without lighting and on rural roads only in the daylight and in the event of two-way traffic on road where there is no dividing strip, outside the carriageway close to the left edge of the road. The person accompanying a group of children must ensure safety and wear a safety waistcoat.

(8) A pedestrian walking on the road in poor visibility or at night-time must wear a reflector or a light source.

(9) A disabled person using a wheelchair may travel on a carriageway close to its right edge appropriate to the direction of traffic. When travelling at night-time or in poor visibility, the wheelchair must have a reflector or a red lamp on the rear left side.

§ 23. Duties of pedestrian upon ensuring safety of children

An adult accompanying a child of pre-school age must observe the child and prevent any sudden movement of the child onto the carriageway.

§ 24. Places for crossing carriageway

(1) A pedestrian may cross a carriageway by using a pedestrian overpass or tunnel, a pedestrian crossing or crossing (without stepping out of its borders) or at an intersection.

(2) Where the entry to a pedestrian overpass or tunnel, a pedestrian crossing or crossing or an intersection is closer than 100 metres, a pedestrian may cross the carriageway only by using them. A pedestrian may cross a carriageway at a distance of more than 100 metres of the above places only where the visibility of the carriageway is good in both directions and crossing the carriageway poses no traffic hazard.

§ 25. Requirements for crossing carriageway

(1) Upon crossing a carriageway, a pedestrian must not linger or stop on the carriageway unnecessarily. A pedestrian using a skateboard, roller skates, roller skis, a scooter, a kicksled or other similar items must cross the carriageway at the normal speed of a pedestrian.

(2) A pedestrian must cross a carriageway by the shortest possible route, and where a safety island exists, by using it.

(3) Where the intersection or crossing is regulated, a pedestrian must obey the signals of traffic lights, or in the presence of a traffic controller, their directions.

(4) At a regulated intersection where no surface marking is provided for the pedestrian crossing, a pedestrian must cross the carriageway in the direction appropriate to the direction of pavements, and where traffic lights are provided on safety islands, by using the safety islands. Where the green signal allows pedestrians to cross the intersection simultaneously on all roads entering the intersection, they may cross the intersection in any direction. Where the crossing is not equipped with traffic lights for pedestrians, pedestrians must obey the traffic lights for vehicular traffic.

(5) Where the red signal of the traffic lights for pedestrians illuminates while a pedestrian is on the carriageway, or in the absence of such traffic lights the amber signal of the traffic lights for vehicular traffic illuminates or a traffic controller gives a general signal prohibiting advancement, a pedestrian must, depending on their location, continue to move to the nearest safety island or, where no safety island is provided, complete crossing the carriageway.

(6) A pedestrian must not obstruct vehicles approaching or directly crossing an unregulated intersection.

(7) On unregulated pedestrian crossings, a pedestrian must take into account the distance and speed of approaching vehicles before stepping onto the carriageway, give the drivers an opportunity to smoothly reduce the speed or bring the vehicle to a halt, and make sure that the driver has noticed the pedestrian and that it would be safe to cross the carriageway.

(8) Where a pedestrian crossing a carriageway at an unregulated place has stopped to give way to a vehicle, they may proceed only when making sure that crossing is safe.

§ 26. Prohibitions for pedestrian traffic

A pedestrian may not:

1) cross the carriageway at a place where a barrier has been placed to ban pedestrian traffic, and in a built-up area on a road having a dividing strip outside a passenger overpass or tunnel, pedestrian crossing or crossing;

2) step on the carriageway from behind a standing vehicle or other obstacle without ascertaining that no vehicle is approaching;

3) walk on a motorway;

4) walk on a carriageway with a dividing strip next to the dividing strip or along the dividing strip where no pavement on the dividing strip is provided.

§ 27. Requirements for pedestrian with handcart

(1) A pedestrian a with bulky object or a handcart may use the carriageway where the pedestrian would inconvenience other pedestrians by walking on the pavement or shoulder and walking on the carriageway does not place them and other road users in danger.

(2) A handcart, the width of which is more than one metre, used by a pedestrian at night-time or in poor visibility, must be equipped on the left side with a white lamp in the front and with a red lamp on the rear. Instead of these lamps, one lamp may be used on a handcart on the left side, featuring white in the front and red on the rear.

§ 28. Duty of passenger towards driver

A passenger must not act in a manner that distracts the driver from driving the vehicle while the vehicle is moving.

§ 29. Entering and exiting vehicle

(1) Entering or exiting a vehicle is allowed only when the vehicle is standing.

(2) The door of the vehicle may not be opened before the vehicle has stopped. Opening the door of a vehicle must not endanger or obstruct other road users. The door on the side of the carriageway or cycle lane must not remain open for longer than is necessary for the passengers to enter or exit the vehicle.

(3) One may enter or exit a trackless vehicle on the side of the carriageway or on the rear only where it is safe and does not endanger other road users.

(4) Public transport vehicles may be waited for on the waiting platform, and where no platform is provided, only on the pavement or shoulder.

(5) In a stop for public transport vehicles without a waiting platform, one may step on the carriageway for entering the public transport vehicle only after it has stopped. One must immediately leave the carriageway after exiting a public transport vehicle.

§ 30. Use of safety equipment

(1) In a vehicle equipped with seat belts, a passenger must properly wear a seat belt.

(2) A passenger is not required to wear a seat belt:

1) when driving on an ice road;

2) where the passenger performs official duties that require making stops in up to every 100 metres, or

3) where in accordance with subsection 9¹ of § 101 of this Act the passenger produces a doctor’s written certificate of contraindications for wearing a seat belt.

(3) In a vehicle where head restraints are compulsory, the head restraints must be adjusted in such a way that they support the nape of the passenger.

(4) A passenger driving on a motorcycle or moped must wear a strapped motorcycle helmet.

(5) The requirement specified in subsection 4 of this section does not apply to enclosed three-wheeled and four-wheeled motorcycles and mopeds that have seat belts and seats installed by the manufacturer.

(6) A cyclist and a light moped rider aged below 16 must wear a strapped cycle helmet when riding or driving on a road.

§ 31. General duties of cyclists and riders of personal light electric vehicles, light mopeds and mopeds

(1) A cyclist, personal light electric vehicle rider, light moped rider and moped rider is not permitted to:

1) let the vehicle steered by them, except for a three-wheeled or four-wheeled moped, be towed by an animal or another vehicle;

2) carry objects that impede steering or pose a threat to other road users;

3) tow a trailer not designed to be towed by a cycle, personal light electric vehicle or light moped;

4) carry a passenger who is not sitting on a seat designated for a passenger or does not wear a suitable strapped helmet or where the vehicle is not designed to carry passengers.

(2) The cyclist, rider of a personal light electric vehicle with a handlebar and a light moped rider must hold the handlebar with a least one hand while riding. The moped rider must hold the handlebar with two hands while driving, except when giving a warning sign by hand, during which the handlebar may be held with one hand.

(3) When riding a cycle, personal light electric vehicle or a light moped on a road, a rider of less than 16 years of age must wear a strapped cycle helmet.

(4) Where, given the constructional characteristics, the lights required in subsection 3 of § 87 of this Act cannot be installed on a personal light electric vehicle, the rider of the personal light electric vehicle must use a light source when riding in darkness or in poor visibility conditions on a footpath, pavement, cycle track or cycle and pedestrian track. It is prohibited to ride on a carriageway in darkness or in poor visibility conditions without lights required in subsection 3 of § 87 of this Act.

§ 32. Location of cycle, personal light electric vehicle, light moped and moped on road

(1) A cycle and light moped may be ridden:

1) on a cycle lane;

2) on a cycle track;

3) on a cycle and pedestrian track;

4) close to the right edge of the carriageway, except during a left turn or U-turn specified in subsection 1 of § 48 of this Act;

5) on the shoulder.

(2) Where riding a cycle on the carriageway, shoulder or cycle lane is considerably hampered due to its condition or the traffic situation and there is also no road specified in clause 2 or 3 of subsection 1 of this section, the cycle may be ridden on the footpath and the pavement.

(3) In addition to subsection 2 of this section, the following road users are permitted to ride on the footpath and the pavement:

1) a cyclist with a mobility disability;

2) a light moped rider with a mobility disability;

3) a cyclist below 13 years of age alone or when accompanied by up to two cyclists;

4) a cyclist carrying a child being below the age of three years in a designated seat or trailer;

5) a police officer, assistant police officer or a member of emergency medical staff performing their duties with a cycle or a light moped.

(4) A personal light electric vehicle can be ridden on a:

1) cycle lane;

2) cycle track;

3) cycle and pedestrian track;

4) footpath;

5) pavement.

(5) Where the road or road part specified in subsection 4 of this section is missing or riding thereon is considerably hampered due to its condition or the traffic situation, the personal light electric vehicle may be ridden close to the right edge of the carriageway or on the shoulder.

(6) A two-wheeled moped may be ridden on a:

1) carriageway;

2) cycle lane;

3) cycle track.

(7) A three-wheeled and four-wheeled moped may be ridden on a carriageway.

(8) A cyclist, rider of a personal light electric vehicle and rider of a light moped who is about to overtake a pedestrian must do so at a speed that does not considerably differ from the speed of the pedestrian and allows for safely overtaking the pedestrian. An on-duty police officer, assistant police officer and member of emergency medical staff must overtake a pedestrian safely.

(9) A cyclist and the rider of a personal light electric vehicle, light moped or moped may pass a standing or slowly moving vehicle on the right if there is enough space and the driver of the vehicle has not indicated a right turn.

§ 32¹. Requirements for crossing the road

(1) A cyclist, rider of a personal light electric vehicle, rider of a light moped and rider of a moped approaching an intersection with a carriageway on a footpath, pavement, cycle and pedestrian track or cycle track must slow down and cross the carriageway at the ordinary speed of a pedestrian.

(2) When approaching and crossing an intersection of limited visibility roads while riding on a footpath, pavement, cycle and pedestrian track and cycle track, a cyclist, rider of a personal light electric vehicle, rider of a light moped and rider of a moped must slow down in order to be able to stop within the range of the forward visibility of the vehicle and in front of a possible obstacle on the road.

(3) A carriageway may be crossed at a pedestrian crossing or at a crossing while riding a cycle, personal light electric vehicle or light moped, but the cyclist or rider of the personal light electric vehicle or light moped does not have the right of way towards the driver of a vehicle, unless the cyclist or the rider of the personal light electric vehicle or light moped crosses the carriageway via the crossing or the pedestrian crossing onto which the vehicle driver is turning. On a crossing or a pedestrian crossing, a cycle, personal light electric vehicle or light moped must be ridden at the ordinary speed of a pedestrian.

(4) A moped rider is not permitted to cross the carriageway via a crossing or a pedestrian crossing while riding.

§ 32². Duty to give way

(1) At an unregulated intersection of a cycle track and a carriageway, except at an intersection of a car park, calm traffic area, resting place or an access road to an area adjacent to the road, a cyclist, rider of a personal light electric vehicle, rider of a light moped and rider of a moped must give way to road users on the road, unless the duty to give way is regulated otherwise by traffic control devices.

(2) At an unregulated intersection of a cycle and pedestrian track and a carriageway, except at an intersection of a car park, calm traffic area, resting place or an access road to an area adjacent to the road, a cyclist, rider of a personal light electric vehicle, rider of a light moped and rider of a moped must give way to road users on the road, unless the duty to give way is regulated otherwise by traffic control devices.

(3) On a cycle and pedestrian track and on a cycle track, the driver or rider must give way to a pedestrian boarding or unboarding public transportation at a tram stop or bus stop.

§ 33. General duties of driver

(1) The driver must be mindful of less protected road users (pedestrians, cyclists, etc.) standing or travelling on the road or verge of the road and must avoid endangering them or causing them harm.

(2) The driver must:

1) ascertain before driving that their health condition allows driving a vehicle;

2) ascertain before driving that the vehicle is roadworthy and observe the same while driving;

3) ascertain before driving that all lamps and registration plates and the windows and rear-view mirrors of the vehicle within the driver’s field of vision are clean;

4) ascertain before driving that the rear-view mirrors and seat are in the right position;

5) ascertain before driving that they carry the documents required to drive the vehicle;

6) ascertain before driving that the driver and passengers properly use all the security equipment and not carry passengers who have not complied with this requirement;

7) ascertain before driving that the head restraints of the driver and passengers are adjusted in such a way that they support the nape and not carry passengers who have not complied with this requirement, provided that head restraints are compulsory in the vehicle;

8) ascertain before pulling out, making a manoeuvre or bringing the vehicle to a halt that it is safe and does not obstruct or endanger other road users or road workers;

8¹) ascertain that the accessories installed in or on the vehicle do not endanger people, harm the environment, cause proprietary damage or obstruct traffic, and take measures to eliminate the danger arising from the accessories;

9) where the conclusion of a liability insurance contract is required for the vehicle, ascertain before driving that the liability insurance contract (hereinafter motor insurance contract) concluded for the vehicle is in effect and a policy has been issued under such contract or that automatic motor insurance is in effect;

10) while driving a motorcycle or moped with a handle bar, hold the handle bar with both hands, except when giving a warning signal, wear a strapped motorcycle helmet and not carry passengers who do not comply with the latter requirement;

11) ride a motorcycle, off-road vehicle, tractor, moped, light moped, personal light electric vehicle or cycle on the road in such a way that all of the wheels have contact with the road surface at all times.

(3) In vehicles equipped with seat belts it is compulsory for the driver to wear one while driving.

(4) When driving a motorcycle or moped, the driver must wear a strapped motorcycle helmet.

(5) The requirement specified in subsection 4 of this section does not apply to enclosed three-wheeled and four-wheeled motorcycles and mopeds that have seat belts and seats installed by the manufacturer.

(6) The driver is not required to wear a seat belt:

1) when driving on an ice road;

2) where the driver performs official duties that require making stops in up to every 100 metres, or

3) where in accordance with subsection 9¹ of § 101 of this Act the driver produces a doctor’s written certificate of contraindications for wearing a seat belt.

(7) In the event of an emergency stopping in poor visibility or at night-time, the driver of a motor vehicle of category B, C, D or T must wear a safety waistcoat when exiting the car or tractor and stepping onto the carriageway.

(8) The driver of a motor vehicle and tram must know first aid measures.

(9) The driver must enable a police officer to use their motor vehicle, except a special purpose motor vehicle, for driving to the scene of an accident or an area of a natural disaster or taking a person in need of emergency medical aid to a medical institution.

(10) Subsection 9 of this section does not apply to a diplomatic representative of a foreign country, consular official, representative of a special mission or international organisation or to a worker of a diplomatic representation of a foreign country, consular office, special mission or representation of an international organisation while they perform their official duties.

(11) The driver is prohibited to:

1) engage in activities that may impede the ability to drive or comprehension of the traffic environment while driving, including using a telephone without a hands-free device and holding a telephone in hand while the vehicle is moving;

2) drive a vehicle in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or in a state of health hazardous to traffic safety or to permit persons in any such state to drive their vehicle;

3) permit a person to drive a motor vehicle or tram where such person is not in possession of a document certifying their right to drive such a vehicle;

4) have as a passenger a person who does not wear a seat belt as specified in subsection 1 of § 30 of this Act or does not use the safety equipment specified in subsection 4 of § 30 and subsection 6 of § 36, unless it is an emergency situation.

(12) The driver of a public transport vehicle must not open the doors of the vehicle until the vehicle has come to a complete halt and must not advance before all passengers have exited and the doors are completely closed.

§ 34. Carriage of passengers and goods

(1) Passengers and goods may be carried only in a way that does not interfere with driving or obstruct the driver’s view, does not hide the lamps, registration plates or other sign plates of the vehicle or the signals given by the driver.

(2) Passengers may be carried only in the seats and in the way specified by the manufacturer of the vehicle. Trailers belonging to a combination of vehicles of subcategory D1E may not be used for carrying passengers. A person is allowed to travel in the cargo space or on the open load bed of a truck adjusted for carrying passengers only on an island, except on a large island within the meaning of the Permanently Inhabited Small Islands Act, only where there is a suitable and safe sitting and clinging place below the upper edge of the hatches, and the maximum speed must not exceed 40 kilometres per hour.

(3) In the Estonian Defence Forces and the Estonian Defence League passengers may be carried in trucks adjusted for carrying persons and the maximum speed may not exceed 60 kilometres per hour.

(4) In the Estonian Defence Forces and the Estonian Defence League passengers may be carried in a trucks with a maximum mass of over 3,500 kilograms by a driver who is at least 18 years of age and with the right to drive cars of categories C and C1, provided that they have undergone respective training and have at least six months of car driving experience.

(5) The procedure for carriage of passengers and cargo in the Estonian Defence Forces and the Estonian Defence League is established by a regulation of the minister in charge of the policy sector.

(6) The cargo must be placed, fastened and covered in accordance with its characteristics and packaging in such a manner that it does not jeopardise the people or the environment, does not cause pecuniary harm or obstruct traffic.

(7) When passing under a trestle, overpass, power or communication lines or other such installations, drivers must always first ascertain its safety.

(8) No dimension of a laden or unladen vehicle, combination of vehicles or combination of tractors may exceed the requirements specified in subsection 3 of § 80 of this Act.

(9) Where a dimension of a laden or unladen vehicle, combination of vehicles or combination of tractors exceeds the size established on the basis of subsection 3 of § 80 of this Act, the vehicle may be used in accordance with the procedure established in § 34¹ of this Act.

(10) A heavy vehicle or a large vehicle must be identified in accordance with subsection 11 of § 73 of this Act.

(11) The laden mass of a trailer of a combination of vehicles or a combination of tractors must not exceed the maximum mass of the trailer determined upon registration of the traction unit.

(12) The laden mass of a vehicle must not exceed the permissible maximum mass and the load on any axle must not exceed the registered axle load, unless a special permit has been issued in accordance with the procedure provided for in § 34¹ of this Act.

(13) Where the laden mass or axle load of a laden or unladen vehicle, combination of vehicles or combination of tractors exceeds the requirements specified in subsection 3 of § 80 of this Act, such vehicle, combination of vehicles or combination of tractors may be used in accordance with the procedure specified in § 34¹ of this Act.

(13¹) Upon placement of cargo, it is taken into account that the mass of the vehicle needs to be distributed as evenly as possible and the cargo needs to form a whole, the centre of gravity needs to be as low as possible, any shifting needs to be precluded and sharp edges need to face backwards.

(13²) The equipment used for fastening the cargo must comply with the requirements applicable to fastening equipment, correspond to the purpose of use, and be intact, in a working order and sufficiently strong to hold the cargo in place and together.

(14) Dangerous goods are carried in accordance with the procedure established on the basis of the Road Transport Act.

(15) Towed equipment must be hauled in accordance with the procedure specified in § 63 of this Act.

(16) More detailed conditions of and procedure for the placement, fastening and covering of cargo and methods of inspection used by the person exercising traffic supervision are established by a regulation of the minister in charge of the policy sector.

§ 34¹. Special carriage

(1) ‘Special carriage’ means the engagement of a heavy vehicle or a large vehicle in road traffic.

(1¹) Special carriage may be performed if:

1) due to the specific nature of the vehicle, combination of vehicles or combination of tractors used for carriage, the exceeding of the mass, axle load or dimensions established on the basis of subsection 3 of § 80 of this Act cannot be avoided; or

2) the cargo is indivisible goods which, due to their dimensions or mass, cannot be transported by a vehicle, combination of vehicles or combination of tractors which complies with the requirements established on the basis of subsection 3 of § 80 of this Act, without the division of the cargo causing unnecessary costs or the risk of damage thereto.

(1²) As an exception to subsection 1¹ of this section, divisible cargo may also be carried by way of special carriage on the conditions established on the basis of subsection 7 of this section and depending on the number of axles of the combination of vehicles:

1) as a heavy vehicle, with a laden mass of the combination of vehicles of up to 60,000 kilograms and the total length of up to 20.75 metres;

2) as a combination of vehicles conforming to the European Modular System, with a length of up to 25.25 metres and a laden mass of up to 60,000 kilograms.

(1³) A combination of vehicles conforming to the European Modular System means a combination of vehicles in which one or more trailers are connected to a traction unit and the length and mass of which exceed the maximum permitted length and mass established on the basis of subsection 3 of § 80 of this Act, but the traction unit and trailers themselves comply with the requirements established on the basis of subsection 3 of § 80 of this Act.

(2) On a public road, special carriage is permitted by a special permit and for a special fee and solely on the route and conditions specified in the special permit, regardless of the country of registration of the vehicle. On a private road, special carriage is performed with the consent and on the conditions of the road owner.

(3) The road owner grants the special permit. The driver must carry the special permit with them or the special permit must be electronically available and it must be submitted to the person exercising traffic supervision at their request. Before issuing a special permit, the issuer of the special permit must verify that the requirements set out in clauses 1 to 4 of subsection 1 of § 34² of this Act have been fulfilled.

(4) The special fee charged for special carriage is up to 650 euros per one carriage operation and one road user, depending on the exceeding of the maximum masses, axle loads and dimensions established on the basis of subsection 3 of § 80 of this Act and the distance of travel. The fee for reviewing a special permit is up to ten euros per permit issued by each road owner.

(4¹) The rate of the special fee for special carriage may be differentiated according to the additional safety systems used on the combination of vehicles.

(5) The issuer of a special permit may demand a reference calculation of the stability of the road or a section thereof and an expert assessment of such a calculation. The maker of a reference calculation must be a person who holds the respective competence. Additional costs relating to a reference calculation and expert assessment, allowing of special carriage and ensuring traffic safety are borne by the applicant for the special permit.

(6) A special permit is issued for a term of up to one year.

(7) The conditions of special carriage, the procedure for special carriage, issue of special permits as well as compensation of costs caused to the road owner, the fee for reviewing a special permit and the rates of the special fee are established by a regulation of the minister in charge of the policy sector.

§ 34². Additional requirements ensuring safety of special carriage

(1) Upon special carriage:

1) other road users must be disturbed and jeopardised as little as possible;

2) where possible, carriage during rush hours and at other times when it is dangerous due to road and weather conditions as well as traffic intensity or causes considerable traffic obstacles to other road users must be avoided;

3) where possible, travelling through built-up areas as well as streets, traffic nodes and intersections in built-up areas where traffic intensity is high must be avoided;

4) civil engineering works, traffic control devices, power and communications lines, electric vehicle contact lines or other similar objects located by or above the road must be taken into account;

5) the prescribed travel rout must be followed.

(2) The driver is required to:

1) before the commencement of the journey, make certain that the heavy or large cargo is duly marked and, while on the road, monitor the operability of the cargo and of the vehicle, combination of vehicles or combination of tractors;

2) upon engaging in road traffic, keep as much to the right as possible and, where necessary, stop at a suitable place in order to allow the vehicles that have queued up behind to overtake or in order to give way to the oncoming vehicles.

(3) Where necessary, upon special carriage an agreement on the temporary lifting or removal of the parts of the civil engineering works that are situated by or above the road must be concluded with the owners or possessors thereof.

(4) Where any circumstances that demand a change of the travel route become evident, the holder of the special permit must apply for a new special permit specified in subsection 2 of § 34¹ of this Act.

§ 34³. Revocation of special permit and refusal to grant special permit

(1) The issuer of a special permit refuses to issue the special permit where:

1) the fulfilment of the requirements provided for in subsection 1 of § 34² of this Act cannot be ensured;

2) the conditions established on the basis of subsection 7 of § 34¹ of this Act are not fulfilled;

3) the special carriage may considerably harm the road or the conditions of safe road use cannot be fulfilled;

4) false information or forged documents, which influence the granting of the special permit, were submitted upon application for the special permit;

5) the fee payable for the special permit has not been paid pursuant to the established procedure.

(1¹) If a special permit of a carrier has been revoked on the basis of subsection 2 of this section, a new permit is not issued to the carrier for up to one year after the revocation decision.

(2) A special permit is revoked where:

1) it becomes evident that no payment has been made for the special permit or that false information or forged documents, which influenced the granting of the special permit, were submitted upon application for the special permit;

2) the special permit holder has not fulfilled the conditions of special carriage established on the basis of subsection 7 of § 34¹ of this Act or the conditions established by the road owner.

§ 35. Duties of the driver in ensuring the safety of pedestrians, cyclists, riders of personal light electric vehicles, moped riders, light moped riders and self-driving delivery robots

(1) The driver’s actions must not endanger pedestrians, riders of personal light electric vehicles, self-driving delivery robots or cyclists. The driver must be especially attentive of children, elderly persons and persons with symptoms of an illness, persons with mobility disability and blind persons.

(2) In addition to the provisions of subsection 5 of § 17 of this Act, the driver must give way to a pedestrian:

1) when reversing;

2) where a pedestrian is about to complete crossing the carriageway even though the permitting signal of the traffic light has illuminated for the driver or a traffic controller has indicated that advancement is permitted.

(3) The driver must always give way to blind pedestrians walking with a white cane or a guide dog.

(4) When approaching an unregulated pedestrian crossing, the drivers must drive at sufficiently low speed so as not to endanger a pedestrian who has stepped or is about to step on the pedestrian crossing. Where necessary, the driver must stop so that a pedestrian can cross the carriageway.

(5) Where a vehicle has stopped or is about to stop before an unregulated passenger crossing on an adjacent lane appropriate to the direction of traffic, the driver may not overtake this vehicle before the crossing or at the crossing but must stop before the crossing. The driver may proceed to the crossing after ascertaining that it does not endanger a pedestrian who has stepped or is about to step on the crossing.

(6) Where there is a free lane between a vehicle that has stopped before a pedestrian crossing and a vehicle approaching the crossing, the driver does not have to stop before the crossing but must take into account the provisions of subsection 4 of this section.

(7) Where the visibility of a crossing is limited on the side of oncoming traffic due to a standing vehicle or some other obstacle, the driver must take special care so as not to endanger a pedestrian on the crossing.

(8) The driver may drive onto a crossing only where they are certain that they do not need to stop there.

(9) The driver may not make a U-turn on a crossing.

(10) Where vehicular traffic is regulated at a pedestrian crossing by traffic light signals or by a traffic controller, the driver prohibited to proceed must stop short of the stop line or the stop line sign or, in their absence, the crossing itself.

(11) Where the driver has to traverse a regulated pedestrian crossing at the end of a side turn, the driver may, provided that there is no stop line or stop line sign in the driver’s driving direction, traverse the pedestrian crossing, giving way to pedestrians, cyclists, riders of personal light electric vehicles, light moped riders and self-driving delivery robots crossing the carriageway during a permitting traffic light signal.

(12) Where the driver has to traverse a regulated intersection of a footpath, cycle track or cycle and pedestrian track at the end of a side turn, the driver may, provided that there is no stop line or stop line sign in the driver’s driving direction, traverse the intersection, giving way to pedestrians, cyclists, riders of personal light electric vehicles, light moped riders, moped riders and self-driving delivery robots crossing the carriageway during a permitting traffic light signal.

§ 36. Additional requirements to ensure safety of children

(1) The driver must take into account that the development stage of children does not yet allow them to fully assess the traffic situation.

(2) When noticing a child or a bus displaying a children’s group sign standing on the road or at the edge of a road, the driver must take special care and drive at a speed that enables them to avoid danger.

(3) In a bus used for carrying children by way of occasional services on a rural road, children of less than 18 years of age may be carried only in seats equipped with seat belts and the carriage of standing children is prohibited.

(4) Buses used for carrying children must display a respective sign in the front and at the rear and must have emergency lamps switched during a stop. The bus driver and the person accompanying the group of children must ensure safety when children enter or exit the bus or traverse the carriageway.

(5) The driver must give way to children crossing a carriageway when signalled so by the person accompanying the group of children.

(5¹) In a passenger car and in a truck, a child of less than three years of age must not be carried on a seat not equipped with a safety belt. In the front seat of a passenger car, a child may be driven only where the child is properly secured by a seat belt or safety equipment. A child of at least three years of age and a height of over 150 centimetres may be carried in the front seat of a truck that does not have a seat belt.

(6) Where a child is not tall enough to wear a seat belt in accordance with the requirements established by the vehicle or seat belt manufacturer, a safety device secured in accordance with the requirements of the manufacturer of the safety device and corresponding to the height and weight of the child must be used when carrying the child by a motor vehicle. A rear-facing safety device must not be used when carrying a child in the front seat equipped with a switched-on front airbag.

(7) A child must not be held in the lap in the front seat of a car (except bus) while the vehicle is moving. In a bus, except in its front seat or in the front row of seats, an adult passenger may hold one child under three years of age in their lap, provided that the passenger holding a child in the lap wears a seat belt in accordance with the requirements established by the vehicle or seat belt manufacturer. By way of exception, an adult passenger whose seat belt is not fastened may hold one child under seven years of age in their lap in a bus, except in the front seat or in the front row of seats.

(8) Where it is not possible to install a safety device in the middle rear seat of a passenger car due to the existence of safety equipment for two children, a child of at least three years must be restrained in the middle seat with at least the lap belt designed for adults.

(9) Using a child safety device is not compulsory when carrying a child less than three years of age in the rear seat of a taxi. A child under three years of age may be carried in a taxi in the lap of an adult passenger where the passenger holding the child is properly wearing a seat belt and has only one child in their lap. When carrying children older than three years in the rear seat of a taxi, at least one child must be restrained by a seat belt pillow and, depending on the height of the child, by an adult seat belt or only its lap belt or by another appropriate safety device. Other children carried in the rear seat of a taxi must wear at least the lap belt of the adult seat belt.

(10) A child under the age of 12 years must not be carried in the rear seat of a moped or motorcycle.

§ 37. Obligations of driver when using lane reserved for public transport vehicles and giving way to public transport vehicles

(1) On a lane reserved for public transport vehicles, one may drive a public transport vehicle engaged in regular services under the Public Transport Act, a passenger-carrying taxi that meets the requirements of subsection 2 of § 64 of the Public Transport Act and a bus carrying a passenger.

(2) In addition to subsection 1 of this section, on a lane reserved for public transport vehicles, one may also drive an emergency response vehicle upon performance of duties, a fully electric motor vehicle and another vehicle where permitted by a relevant traffic control device.

(3) The driver of a vehicle not specified in subsections 1 and 2 of this section is prohibited to use a lane reserved for public transport vehicles, except in the following events and in accordance with the following procedure:

1) the driver may move onto a lane reserved for public transport vehicles adjacent to the carriageway appropriate to the direction of traffic and not separated from the rest of the carriageway by a continuous line, before a turn or stopping in order to enable passengers to enter or exit, provided that it does not impede the provision of regular services by public transport vehicles. It is allowed to drive onto such a lane reserved for public transport vehicles when completing a turn, after which the vehicle must abandon it immediately;

2) the lane reserved for public transport vehicles on a carriageway may be traversed only across in places where it is not prohibited by a traffic control device;

3) for rounding, provided that it does not disturb a public transport vehicle engaged in regular services and there are no other lanes in the direction of traffic, but one must abandon the lane thereafter immediately.

(4) On a road in a built-up area where the speed limit is 50 kilometres per hour the driver must give way to a public transport vehicle of category D pulling out from a stop.

§ 38. Obligations of driver and passenger when traffic supervisor stops vehicle

(1) The driver of a motor vehicle must stop the vehicle where directed to do so in accordance with law by a police officer, an assistant police officer or another person authorised by an Act or other legislation issued on the basis thereof. Where the traffic supervisor has not indicated where to stop, the driver must stop the vehicle on the right shoulder of the carriageway or, where no shoulder exists, close to the right edge of the carriageway.

(2) The driver of a motor vehicle and tram must carry and present at the request of a traffic supervisor the documents specified in § 88 and subsection 2 of § 145 of this Act.

(3) The driver must give the documents to be checked to the traffic supervisor without leaving the driver’s seat, handing them over through an open side window of the car. The driver and the passenger must remain in their seats and may leave the vehicle only when so permitted or requested by the traffic supervisor.

(4) Where a vehicle has a compulsory tachograph and a speed limitation device, the driver must make it possible to exercise state supervision over the presence and operability of such devices, mounting plates, seals and compliance with the driving and rest time based on the record sheets or data of the tachograph. Where there is a digital tachograph, the driver must enable the traffic supervisor to use the inspection card.

(5) The driver must enable checking whether the vehicle complies with the roadworthiness requirements and requirements for equipment.

(6) The driver is entitled to request that the traffic supervisor present their identification or another document certifying their competence as well as to note down the information contained therein.

§ 39. Signals given by driver

(1) The driver must indicate a signal for a turn in due time depending on the traffic situation but not later than three seconds before advancing, making a manoeuvre or bringing the vehicle to a halt. Signalling for a turn must continue during the manoeuvre and terminate immediately after the manoeuvre; a signal by hand may be terminated immediately before advancing, making a manoeuvre or bringing the vehicle to a halt. The driver must ascertain after signalling a turn that they will be given way and it is safe to proceed.

(2) Where a vehicle has by design no director-indicator lamps or stop lamps or the director-indicator lamps or stop lamps are not functioning or the emergency lamps are on, the driver must give a signal with their arm as follows:

1) for the right turn – shoulder-height straight right arm extended to the side or shoulder-height left arm bent upwards at elbow at the right angle;

2) for the left turn – shoulder-height straight left arm extended to the side or shoulder-height right arm bent upwards at elbow at the right angle;

3) for stopping – moving up and down a straight arm extended to the side.

(3) The driver may use an audible warning only in the event of danger or outside a built-up area also when it is necessary to attract the attention of road users.

(4) The driver may blink the lamps only to attract the attention of road users.

(5) Giving a warning does not grant the driver the right of way.

(6) A standing vehicle must have emergency lights on:

1) outside a built-up area on a carriageway or shoulder at night-time or in the event of poor visibility or when at least one front or rear position lamp does not function;

2) in the event of a traffic accident;

3) in the event of an emergency stopping.

(7) A driving vehicle must have emergency lamps on at night-time or in the event of poor visibility or when at least one dipped-beam headlight or at least one rear position lamp does not function.

(8) The driver of a motor vehicle, except the rider of a moped or two-wheeled motorcycle without a sidecar must use a warning triangle:

1) in the absence of emergency lamps in the events specified in subsection 6 of this section;

2) in the absence of emergency lamps or their non-functioning in the event specified in subsection 7 of this section, fixed in a visible place on the rear of the vehicle;

3) regardless of the presence of emergency lamps, where the vehicle has been brought to an emergency stopping or has undergone a traffic accident and is located on the carriageway in a place of poor or limited visibility, or where the cargo has fallen or flown onto the carriageway in such a place.

(9) The warning triangle must be placed on the road at least 25 meters from the vehicle in a built-up area and at least 50 metres from the vehicle outside a built-up area. The distance from the vehicle must be such as to make it visible in dispersed daylight at the distance of at least 50 metres in a built-up area and at the distance of at least 100 metres outside a built-up area. In the event of an emergency stopping or a traffic accident it is allowed to place the warning triangle at a distance closer than those specified above, provided that it is placed towards the greater hazard at a distance enabling other drivers to notice the hazard in due time. The driver may have yellow blinking lamps on in addition to the warning triangle.

§ 40. General requirements for using lamps

(1) On a moving motor vehicle, dipped-beam headlamps or main-beam headlamps and front, rear, and side position lamps as well as the rear registration plate lamp must be lit. On a moving tram, dipped-beam headlamps and the front, rear and side position lamps must be lit. On a moving trailer, the front, rear and side position lamps and the rear registration plate lamp must be lit.

(2) Daytime running lamps instead of dipped-beam headlamps may be used in the daytime. Daytime running lamps may be lit without front, rear and side position lamps and rear registration plate lamp.

(3) In the event of combinations of vehicles (except combinations of vehicles whose traction unit is a car of category B) and combinations of tractors that have no upper front position lamps, there must be an illuminated combination of vehicles sign above the cabin of the traction unit or the front part of the bodywork.

(4) Motor vehicles and their trailers standing or parked on a non-illuminated road in poor visibility or at night time must have front, rear and side position lamps and rear registration plate lamp lit. On a road outside a built-up area emergency lamps must be lit as well.

(5) A vehicle standing or parked on unlit roads outside a built-up area in poor visibility or at night-time must not have its dipped-beam headlamps, main-beam headlamps or fog lamps lit. A vehicle stopped on a road in a built-up area must not have its main-beam headlamps and fog lamps lit, unless fog lamps are used instead of dipped-beam headlamps. A vehicle parked on a road in a built-up area must not have its dipped-beam headlamps, main-beam headlamps or fog lamps lit. A vehicle stopped on the left side of a road in a built-up area must not have its dipped-beam headlamps lit.

(6) In a built-up area, instead of the front, rear and side position lamps specified in subsection 4 of this section, parking lamps on both sides or on the side of the traffic may be used where:

1) the motor vehicle is no longer than six metres and no wider than two metres;

2) the motor vehicle has no trailer.

(7) The requirements of subsections 4 and 6 of this section do not extend to stopped and parked vehicles that are:

1) on a road lighted in such a way that the vehicle can be noticed at sufficient distance;

2) outside a carriageway and paved shoulder;

3) cycles, light mopeds, mopeds or two-wheeled motorcycles without a sidecar and without a battery in a built-up area at the edge of a carriageway;

4) in a calm traffic area.

§ 41. Use of main-beam headlamps

(1) Main-beam headlamps may be used when driving at night-time or in the event of poor visibility.

(2) When a vehicle is following closely behind another vehicle, main-beam headlamps may be blinked for a short time to give a warning of the intention to overtake.

(3) Main-beam headlamps may not be used where:

1) the lighting of the road is sufficient to enable the driver to see clearly for at least 300 metres;

2) the distance to the vehicle approaching from the opposite direction is such that the lamps may dazzle its driver;

3) they start illuminating the vehicle driving in front;

4) they may dazzle other drivers, including the drivers on a waterway or railway running alongside the road. When waiting for the opportunity to traverse a level crossing, drivers may not dazzle the drivers of railway vehicles.

§ 42. Use of fog lamps

(1) Front fog lamps together with headlamps may be lit when driving in poor visibility due to fog, rain or snowfall.

(2) Front fog lamps may be used as a substitute to dipped-beam headlamps in the event specified in subsection 1 of § 40 of this Act.

(3) Rear fog lamps may only be used when driving on roads outside a built-up area in poor visibility due to fog, rain or snowfall or when snow, dust or mud lifted by the wind caused by driving considerably deteriorates the visibility of the rear lamps.

§ 43. Use of spot lights

Spot lights installed on a vehicle, which are designed to illuminate the workplace, may be lit only in upon performing a work assignment. They must not dazzle other drivers.

§ 44. Yellow flashing lamp

(1) A yellow flashing lamp must be installed and lit:

1) on vehicles performing road maintenance tasks and vehicles performing urgent tasks on the road (hereinafter maintenance vehicle);

2) on vehicles used for special carriage in accordance with a legal instrument established on the basis of subsection 7 of § 34¹ of this Act;

3) on self-driving delivery robots in the event specified in subsection 6 of § 151³ of this Act.

(2) Where there is a risk that other road users may fail to notice a vehicle in good time or a vehicle presents a hazard or obstructs other road users, the flashing lamp may be installed and lit on the vehicle moving and performing works on the road for the following operations and situations:

1) operations to give assistance on the road by a motor vehicle designated for such purpose;

2) driving an agricultural or forest tractor or a vehicle with a speed limit or with trailers that, cargo included, are wider than 2.55 metres;

3) driving a motor vehicle whose design speed does not exceed 40 kilometres per hour.

§ 45. Location of vehicle while driving

(1) On a carriageway with road surface marking and separate lanes, the driver must drive within the borders of their lane.

(2) On a two-way carriageway with the total width of three lanes with road surface marking it is prohibited to drive onto the leftmost (oncoming) lane. The middle lane may be used only for overtaking or rounding and it must be used for changing the lane before making a left turn or a U-turn.

(3) On a two-way carriageway with the total width of four or more lanes it is not allowed to drive on the oncoming lane.

(4) A safety island or another similar structure separating the directions of traffic must be passed on the right.

(5) A vehicle with the maximum speed of 40 kilometres per hour or that, for some other reason not depending on the traffic flow, cannot drive faster, must drive on the rightmost lane. This requirement does not apply:

1) when the vehicle is overtaking a vehicle driving in front;

2) when the vehicle is about to make a left turn or a U-turn;

3) to a maintenance vehicle performing maintenance work.

(6) On a carriageway in a built-up area it is allowed to drive on any lane appropriate to the direction of traffic, provided that the requirements of § 37 of this Act are met.

(7) On a road outside a built-up area one must drive as close to the right edge of the carriageway as possible without endangering other road users, unless indicated otherwise by a traffic control device.

(8) Where a carriageway outside a built-up area has several marked lanes on the side appropriate to the direction of traffic, the lanes on the left may be used only where the lanes on the right are occupied. In such an event it is prohibited to drive on the oncoming lane.

(9) A trackless vehicle may, without obstructing tram traffic, drive or stop on a tramway track appropriate to the direction of traffic and at grade with the carriageway only where the number of lanes for trackless vehicles is not signposted. Where the vehicle obstructs tram traffic, the driver must free the tramway track. A driver approaching from the opposite direction must make it possible for the driver of a vehicle turning left to free the tramway track.

(10) A trackless vehicle must not drive on the oncoming tramway track.

(11) An emergency response vehicle may drive on a pavement, footpath, cycle lane, cycle track, cycle and pedestrian track, safety island and dividing strip as well as park in places where parking and stopping is prohibited, or park on a pavement, footpath, cycle lane, cycle track, cycle and pedestrian track, safety island and dividing strip, provided that official duties are being performed and it is not possible to perform them on the carriageway. The driver of an emergency vehicle must, upon driving and stopping the vehicle or upon parking the vehicle ensure the safety of traffic and the stopped or parked vehicle must not disturb other road users.

(12) A motor vehicle may drive on the shoulder only in the events specified in subsections 2 and 7 of § 20, subsection 3 of § 48, clause 3 of subsection 2 of § 52, subsection 4 of § 53 and subsection 2 of § 54 of this Act.

(13) Without obtaining permission from the owner or possessor of land, a vehicle must not drive onto green areas or earth-tracks developed into such by traffic on green areas or off-road in places not designated for the traffic of motor vehicles.

(14) A vehicle turning onto a road that is signposted as a road for variable direction traffic must take the rightmost lane. The driver may move to the lanes located towards the left only after they have ascertained that it is allowed to drive on such lanes in the direction appropriate to the direction of traffic.

§ 46. Separation and lateral distance

(1) Depending on the speed of the vehicle and the road and weather conditions, the driver of a vehicle moving behind another vehicle must keep at a sufficient distance from the other vehicle to avoid collision where the vehicle in front should suddenly slow down or stop.

(2) Under normal conditions, the time required to cover the distance between vehicles moving after one another must be at least two seconds on roads in built-up areas and at least three seconds on roads outside built-up areas. This requirement does not apply when a vehicle exits its lane for overtaking and has indicated this manoeuvre by winking a direction-indication lamp.

(3) The driver must keep a safe lateral distance when driving.

(4) On a road outside a built-up area that has one lane appropriate to the direction of traffic, the driver not driving at the maximum speed allowed on such section of road must keep a separation distance that is sufficient to enable the overtaking vehicles to move back to the lane where they were previously. This requirement does not apply where the driver is preparing to overtake, the traffic is dense or overtaking is not allowed on this road section.

§ 47. Changing traffic lanes and traffic lines

(1) When the drivers of vehicles driving side by side mutually change lanes and lines, the driver on the left must give way to the driver on the right.

(2) On a road that has more than two lanes with road surface marking on the side appropriate to the direction of traffic, it is not allowed for drivers to overtake the vehicle in front when the traffic is dense and all lanes are equally full.

§ 48. Turns

(1) Before turning left or making a U-turn, the driver must move in good time near the edge of the left side of the carriageway appropriate to the direction of traffic and, before turning right, to the right side of the carriageway appropriate to the direction of traffic or to the lane designated for such turn by a traffic control device.

(2) When making a turn on an intersection, the driver must drive in such a way as to not enter the oncoming traffic lane when exiting the intersection of carriageways.

(3) Where, due to the turning radius of the vehicle or the condition of the road, the driver is not able to make a turn on an intersection or on a road between intersections as provided for in subsections 1 and 2 of this section and subsection 3 of § 45 of this Act, it is allowed to derogate from these requirements, including driving onto the shoulder, provided that by doing so the driver does not endanger or obstruct other road users or damage the track bed of the road.

(4) Where the road has a deceleration lane, the driver intending to make a turn must move onto that lane in good time and slow down once they are on such lane.

(5) Where the road has an acceleration lane, the driver entering the road must first drive on that lane and give way to the vehicles driving on the road when joining the traffic flow.

(6) Outside a built-up area it is allowed to make a left turn or a U-turn on a road with a dividing strip only in a place signposted as such.

§ 49. Reversing and U-turn

(1) Any driver wishing to make a U-turn or to reverse must do so without endangering or impeding other road-users. Where necessary, the help of another person must be used.

(2) On a one-way road, reversing in the direction not appropriate to the direction of traffic is allowed only for a manoeuvre and without reversing to an intersection.

(3) A U-turn is not allowed:

1) on a pedestrian crossing;

2) on a level crossing;

3) in a place of limited visibility.

§ 50. Choosing driving speed

(1) The driver must observe the speed limit specified in § 15 of this Act.

(2) The speed limit of 90 kilometres per hour must not be exceeded during driving practice or by drivers carrying a provisional driving licence or holding the limited right to drive.

(3) The driver must adapt the speed of their vehicle to the situation but must not exceed the speed limit. The driver must:

1) when choosing the speed, take into account their driving experience, road conditions, state of the road and the vehicle, peculiarities of any goods carried, weather conditions, density of the traffic and other traffic conditions so that they are able to stop the vehicle within the range of visibility in front of the vehicle and without hitting any obstacle that can reasonably be expected to be on the road;

2) reduce the speed and, where necessary, stop where the conditions so require, especially where visibility is poor;

3) when switching over from the main-beam headlamps to dipped-beam headlamps, adapt the speed of the vehicle to the new range of visibility;

4) reduce the speed so as to avoid lifting up water, mud, gravel or any other such material that may bring damage to other road users and to avoid or reduce lifting up dust to road users and residential areas adjacent to the road.

(4) The driver must drive at a sufficiently low speed and, where necessary, stop where they pass:

1) a child on the road or near the road;

2) a children’s bus on the road that has emergency lamps lit;

3) a blind pedestrian with a white cane or a guide dog;

4) a pedestrian when it is apparent that their movement is impeded or disturbed due to disability or illness;

5) a tram appropriate to the direction of traffic, that is standing or is about to stop at a tram stop;

6) an emergency or a road service vehicle with a flashing lamp.

(5) The driver must not exceed:

1) the design speed of the vehicle. The speed of a combination of vehicles or a combination of tractors may not exceed the design speed of any vehicle in its composition;

2) the speed limit specified on the maximum speed sign;

3) the speed allowed by a traffic control device.

(6) The symbol of a slow vehicle must be mounted close to the left edge or in the middle of the rear side of the following vehicles:

1) car, tractor, mobile machinery, combination of vehicles and combination of tractors that is not permitted to ride faster than 40 kilometres per hour;

2) four-wheeled moped.

(7) The driver must not:

1) obstruct other vehicles by driving at an unjustifiably low speed;

2) apply the brakes abruptly, unless necessary for ensuring safety.

§ 51. Overtaking

(1) Drivers overtaking a vehicle moving in front must do so on the left. Where a vehicle moving in front clearly intends to turn left or make a U-turn, overtaking must be effected on the right.

(2) A driver overtaking a tram must do so on the right. Where a tramway track lies near to the right edge of the side appropriate to the direction of traffic, overtaking the tram must be effected on the left.

(3) Before overtaking, the driver must make sure that:

1) no driver who is behind them has begun to overtake;

2) the driver in front of them in the same lane has not given a warning of their intention to turn left;

3) that overtaking will not endanger or interfere with other road users;

4) the lane that they will enter is free over a sufficient distance;

5) the relative speed of the two vehicles allows for overtaking within a sufficiently short time;

6) it will be possible, without inconvenience to the driver overtaken, to resume the position in the previous lane.

(4) Where, during overtaking, an obstacle or a traffic hazard that the driver could not foresee or was not able to properly assess before starting to overtake, the driver must abort the overtaking.

§ 52. Prohibition to overtake

(1) The drivers must not overtake by using the lane for oncoming traffic:

1) where the requirements specified in subsection 3 of § 51 of this Act are not met;

2) on a road section with limited visibility;

3) at an intersection and in their immediate vicinity on a road emerging into the intersection, except at intersections where drivers approaching from other directions have the duty to give way;

4) on a level crossing and in its immediate vicinity before the level crossing;

5) on an unregulated pedestrian crossing;

6) a cyclist, light moped driver or rider of personal light electric vehicle, if a lateral distance of at least 1.5 metres cannot be kept during overtaking.

(2) The driver must not overtake in lanes appropriate to the direction of traffic:

1) on a road section of limited visibility where the lanes on the side appropriate to the direction of traffic are not marked on the road surface or the road surface marking is not visible;

2) on an unregulated pedestrian crossing;

3) on a deceleration or acceleration lane and by using the shoulder or a lay-by for a public transport vehicle stop, unless a vehicle making a left turn or a U-turn is overtaken on the right;

4) a cyclist, light moped driver or rider of personal light electric vehicle, if a lateral distance of at least 1.5 metres cannot be kept during overtaking.

§ 53. Mutual obligations of drivers when overtaking

(1) The driver of a vehicle overtaking another vehicle must keep a safe separation and lateral distance to the vehicle being overtaken.

(2) The driver whose vehicle is overtaken on the left must, taking into account the traffic situation, keep as much as possible to the right and not obstruct the overtaking vehicle by increasing the speed or in some other way.

(3) Where the driver who has aborted an overtaking wishes to return to the lane appropriate to the direction of traffic, the drivers following them must enable it.

(4) Where, owing to the narrowness, profile or condition of the carriageway, taken in conjunction with the density of oncoming traffic, a vehicle that is slow or bulky or is required to observe the speed limit cannot be safely overtaken, the driver of such vehicle must slow down and, where necessary, pull in to the side as soon as possible in order to allow vehicles following them to safely overtake.

§ 54. Passing

(1) Passing on oncoming traffic must be effected on the right. Drivers turning left in opposite directions at an intersection may pass each other on the left, exercising extra care.

(2) When passing an oncoming vehicle on a narrow carriageway, one must keep as much to the right as possible and pull onto the shoulder, where necessary.

(3) Where passing is difficult due to an obstacle, the driver having the obstacle in front of them must give way.

(4) On a downhill road signposted as such, the driver moving downhill must give way in the event of an obstacle.

(5) Passing vehicles on the side appropriate to the direction of traffic is prohibited in the events specified in clauses 1, 2 and 4 of subsection 2 of § 52 of this Act.

§ 55. Derogation from overtaking, passing and rounding

(1) Overtaking, passing or rounding a slowly moving or standing maintenance vehicle with a flashing or revolving yellow lamp working on the road or a standing emergency vehicle with a flashing or revolving blue lamp is allowed without endangering other road users or persons working on the road on the right or on the left, depending on the situation, and the road surface marking prohibiting overtaking may be crossed in this situation.

(2) Taking into account the provisions of subsections 1, 3 and 4 of § 51 and § 52 of this Act, a cyclist, light moped driver or rider of personal light electric vehicle may be passed, overtaken or rounded, without endangering them, crossing the road surface marking prohibiting overtaking.

(3) Taking into account the provisions of subsections 1, 3 and 4 of § 51, clauses 1–5 of subsection 1 and clauses 1–3 of subsection 2 of § 52 of this Act, a cyclist, light moped driver or rider of personal light electric vehicle may be passed, overtaken or rounded, without endangering them, with the lateral distance of less than 1.5 metres, when driving at a speed of less than 30 kilometres per hour or if the cyclist, light moped driver or rider of personal light electric vehicle is using the cycle track.

§ 56. General requirements for crossing intersection

(1) The driver approaching an intersection must exercise such extra care as may be appropriate to local traffic conditions. The driver must drive at such a speed as to be able to stop to allow vehicles having the right of way to pass.

(2) The driver must not enter an intersection of carriageways where the density of traffic is such that they will probably be required to stop at the intersection, thereby obstructing other road users.

§ 57. Driving at unregulated intersection

(1) The driver driving on a non-priority road must give way to a driver approaching an intersection or driving at the intersection along the priority road or a right-of-way road, regardless of their driving direction.

(2) Where the direction of the priority road or the right of way road changes, the driver driving on the priority road or the right-of-way road must give way to the driver of a vehicle approaching from the right or being on the same road on the right-hand side. Drivers driving on a non-priority road must do the same in respect of each other.

(3) Where the driver does not know whether they are driving on a priority road, right-of-way road or non-priority road, the driver must behave as where they were driving on a non-priority road.

(4) When emerging from a single-lane road to a multi-lane road, the driver must give way to drivers driving on the multi-lane road.

§ 58. Driving on regulated intersection

(1) The driver who has entered an intersection when the traffic light signal allowing them to proceed was illuminated must clear the intersection in the direction in which they wish to proceed, regardless of the signals of other traffic lights on the intersection. However, where there is a stop line or a stop line sign at any of the traffic lights on the intersection, they must follow the signals of such traffic lights.

(2) When the permitting signal of the traffic lights illuminates, the driver must give way to a driver who is about to complete traversing of the intersection and to a pedestrian still on the carriageway.

(3) The driver must stop ahead of the stop line or the stop line sign where the signal of the traffic light or the direction given by a traffic controller prohibits advancement. In the absence of the line or sign it is allowed, without obstructing pedestrians, to drive up to the edge of the intersecting carriageway.

(4) Where the driver is moving in the direction shown by the permitting green additional arrowhead of the traffic light at the time when the red or amber main signals are illuminated, they must give way to drivers approaching from any other direction.

(5) Where the right-turn lane at an intersection is separated from the rest of the carriageway by a safety island and there is no traffic light on the right hand side before the intersection, the right turn must be made regardless of the signals of the traffic lights on the intersection, giving way to a driver approaching from any other direction.

§ 59. Traversing level crossing

(1) The driver must exercise extra care when approaching a level crossing. The driver must drive at such a speed that they are able to bring the vehicle smoothly to a halt, where necessary, at the place specified in subsection 2 of this section.

(2) In order to give way to an approaching railway vehicle and in the events specified in § 60 of this Act, the driver must stop in front of the barrier, or in the absence thereof, at least five metres from the first rail, or in the event of an appropriate road sign, in front of it.

(3) Where a level crossing is not equipped with a barrier or light signals, no driver may enter it without making sure that no railway vehicle is approaching.

(4) The following vehicles may traverse a level crossing only upon approval of the owner or possessor of the railway:

1) a vehicle, combination of vehicles or combination of tractors, laden or unladen, the width of which is more than five meters, height more than 4.5 meters or length more than 24 meters;

2) a motor vehicle, the design speed of which is less than eight kilometres per hour;

3) a crawler-type vehicle.

(5) The approval granted by the owner or possessor of railway specified in subsection 4 of this section may be in the written or electronic form. In the event of an electronic approval, the driver of the vehicle must present the approval on a data medium or make it possible for the official exercising state supervision to access the electronic approval in another way.

§ 60. Restrictions on traversing level crossing

The driver must not:

1) traverse a level crossing where they may be forced to stop on it;

2) traverse the railway outside a level crossing;

3) transport over a level crossing agricultural, road, construction or other such equipment without fixing it in the transport position, or a coupling mechanism that may damage the level crossing.

§ 61. Emergency stopping

(1) In the event of an emergency stopping in a place where stopping or parking is prohibited or where the vehicle brought to an emergency stopping, or its cargo fallen or flown or dropped off onto the carriageway cannot be removed from the carriageway without help, the driver must indicate the vehicle by switching on emergency lights or placing a warning triangle on the road as provided in subsection 9 of § 39 of this Act, without delay notify the police or the owner or the possessor of the road and take measures to quickly eliminate the danger or reduce its harmful effects.

(2) In the event of an emergency stopping on level crossings, the driver must see to it that people leave the vehicles, and do everything possible to free the level crossing. Where it is impossible to free the level crossing from the traffic obstacle, the driver must stay by their vehicle and when seeing a railway vehicle coming, quickly approach it, giving a stop signal by making circles with arms. At night-time, a lit source of light, a reflector or a similar object must be held in hand.

(3) On a motorway and on a road where the speed limit is over 90 kilometres per hour, a motor vehicle brought to an emergency stopping must have emergency lamps on and be removed from the carriageway. Where it is impossible to remove the vehicle from the carriageway, a warning triangle must be placed on the road at least 100 metres rearward from the vehicle.

§ 62. Drawing of motor vehicle

(1) A motor vehicle that does not have a trailer may draw a motor vehicle. A two-wheeled vehicle must not be drawn or used for drawing.

(2) Only a driver with the right to drive vehicles of the same category as the vehicle being drawn may be at the wheel of a drawn vehicle.

(3) The speed of the drawn vehicle may not exceed the speed limit specified in clause 4 of subsection 1 of § 15 of this Act.

(4) A flexible hitch must leave a distance of five to eight metres between the vehicles and the middle part of thereof must be marked so that it is clearly visible. The length of a direct hitch may not exceed five metres. It is not allowed to use a chain for drawing.

(5) A motor vehicle with malfunctioning brakes must be drawn either with a direct hitch or in such a way that it is partly resting on the vehicle drawing it.

(6) A motor vehicle, combination of vehicles or combination of tractors that is being drawn must always have emergency lamps switched on. In the absence of emergency lamps or where they do not function, a warning triangle must be fixed in a visible place on the drawn motor vehicle, combination of vehicles or combination of tractors.

(7) Only where a direct hitch that guarantees the steerability of a drawn motor vehicle, combination of vehicles or combination of tractors is used a driver does not need to be present in the drawn motor vehicle, combination of vehicles or combination of tractors.

(8) There may be passengers in the driver’s compartment of a drawn motor vehicle and in a drawn passenger car only where there is a driver at the wheel of the drawn vehicle.

(9) There must not be any people on the vehicle bed of the drawing motor vehicle or in the vehicle partly resting on it.

(10) Drawing is prohibited:

1) on a motorway. Where the need for drawing appears on a motorway, by way of exception, drawing may be performed until the nearest turn-off;

2) with a flexible hitch – on glare ice or where the drawn motor vehicle, combination of vehicles or combination of tractors has a malfunctioning steering wheel or malfunctioning brakes;

3) with a rod-shaped direct hitch – where the motor vehicle, combination of vehicles or combination of tractors has a malfunctioning steering wheel;

4) with any type of direct hitch – where the laden mass of a motor vehicle, combination of vehicles or machine exceeds that of the drawing vehicle and the drawn motor vehicle has malfunctioning brakes;

5) where more than one motor vehicle, combination of vehicles or combination of tractors is being drawn at a time;

6) where the coupling device of a drawn combination of vehicles or combination of tractors is malfunctioning.

§ 63. Haulage of towed equipment

(1) Speed limit upon haulage of towed equipment must not exceed the speed limit permitted in clause 5 of subsection 1 of § 15 of this Act.

(2) Upon haulage of towed equipment, the towed equipment or interchangeable towed equipment must be equipped with stop lamps, rear direction-indication lamps, rear position lamps, trailer’s rear red reflectors with the shape of an equilateral triangle, the low-speed vehicle signs and maximum speed signs.

(3) The coupling device must meet the requirements specified in subsection 11 of § 73 of this Act.

(4) There must be no people on the load platform or on any other part of the towed equipment or interchangeable towed equipment.

(5) No more than one item of towed equipment or interchangeable towed equipment may be hauled at a time.

(6) The mass of the towed equipment or that of interchangeable towed equipment must not exceed the requirements specified in subsection 11 of § 73 of this Act.

(7) Towed equipment or interchangeable towed equipment must comply with the roadworthiness requirements established by the manufacturer.

§ 64. Traffic in calm traffic area

(1) In a calm traffic area, a pedestrian can move around and a child can play in the entire calm traffic area, but they must not unnecessarily obstruct drivers.

(2) In a calm traffic area, the speed of a motor vehicle must not exceed the speed limit specified in clause 6 of subsection 1 of § 15 of this Act.

(3) The driver must not endanger or obstruct a pedestrian in calm traffic area; where necessary, the vehicle must be stopped.

(4) A motor vehicle may enter a calm traffic area only for standing or parking.

(5) Only a category A and B as well as subcategory D1 motor vehicle may be parked in a calm traffic area. Parking is allowed only in indicated parking spaces or, in their absence, on the road, at a place where parking does not obstruct pedestrians and not make the traffic of other vehicles impossible.

§ 65. Traffic on ice road

(1) Driving on an ice road is allowed only in the daylight when visibility is no less than 300 metres.

(2) On an ice road, the driver must observe the instructions for using the ice road displayed at the start of the ice road and the regulations given by the surveillance service staff.

(3) The driver must enter an ice road only at a place specially indicated for this purpose.

(4) On an ice road, the doors of a vehicle must be easily opened.

(5) The driver and passengers must not wear a seat belt.

(6) There must be a minimal interval of two minutes between vehicles entering an ice road.

(7) The distance between vehicles on an ice road must be no less than 250 metres. Overtaking a vehicle driving in front, passing a vehicle and a two-way traffic on the same carriageway is prohibited.

(8) Stopping on an ice road is allowed only in the event of an emergency. A vehicle brought to an emergency stopping must be removed from ice as soon as possible. Where this is impossible, the ice road surveillance service must be notified thereof.

(9) The maximum permissible mass of a vehicle taking an ice road must be determined by the surveillance staff, depending on the ice and weather conditions.

(10) The maximum speed limit must be determined by the surveillance staff, depending on the ice and weather conditions.

(11) It is prohibited to turn off an ice road.

(12) Where the ice condition does not allow for further driving, the driver must immediately turn back and warn other drivers on the ice road as well as the surveillance staff of bad road conditions. Where possible, a return lane must be used for turning back.

(13) In the event there appears a danger of ice road cracking, passengers have to leave the vehicle when required by the driver. The driver may continue driving alone; the driver’s door must be left open.

(14) Ice road surveillance service must be without delay informed of all the dangerous changes, unmarked dangers or stopped vehicles on the ice road.

(15) The mass of the cargo transported on an ice road must be indicated in the documentation of the cargo. Surveillance service staff members may check the laden mass of a vehicle by weighing.

(15¹) The requirements for the making and maintenance of a public ice road are established by a regulation of the minister in charge of the policy sector.

(15²) The maker of an ice road organises the maintenance of the ice road and must establish conditions for safe use of the ice road made by it.

§ 66. Traffic on motorway

On a motorway, it is prohibited to:

1) walk as a pedestrian, walk with a pet or animal or ride a cycle, moped or vehicle with a design speed under 40 kilometres per hour;

2) stop or park outside of a designated area;

3) drive a category C motor vehicle or a combinations of vehicles longer than seven metres on a lane other than the two right-hand lanes of the motorway that has three or more lanes;

4) make a U-turn, drive over the dividing strip and at any place where it is disrupted;

5) reverse.

§ 67. Traffic in tunnels

(1) Even where a tunnel is lit, the vehicle must have the main-beam headlamps or dipped-beam headlamps and the front, rear and side position lamps and the rear registration plate lamps switched on.

(2) Passenger cars must keep a distance that is sufficient to enable to cover the distance in no less than two seconds under normal conditions. Category C and CE cars should keep a distance that is twice as long.

(3) Where traffic is stopped in a tunnel, the distance between the stopped vehicles must be at least five metres.

(4) A driver may stop or park a vehicle in a tunnel only in the event of danger or an emergency stopping. In such an event, where possible, the driver must use a special designated area.

(5) In a tunnel, it is prohibited to:

1) reverse;

2) make a U-turn;

3) stop or park outside designated areas;

4) keep the motor of the vehicle running in the event of a lasting traffic obstacle.

§ 68. Special rights of driver with mobility disability and driver of vehicle servicing people with mobility disability or blind people

(1) A driver with a mobility disability and the driver of a vehicle servicing persons with a mobility disability or blind people may attach a parking card of a vehicle servicing people with a mobility disability or blind people to the front or rear window of their vehicle.

(2) Where there is a parking card of a vehicle servicing people with a mobility disability or blind people, the driver having a mobility disability and the driver of the vehicle servicing people with a mobility disability or blind people may park the vehicle at their disposal on public paid parking places without charge.

(3) Where a driver with a mobility disability and the driver of a vehicle servicing people with a mobility disability or blind people has a parking card of a vehicle servicing people with a mobility disability or blind people, the driver may:

1) stand and park in a built-up area where road signs prohibiting standing or parking apply, on the condition that the standing vehicle is located entirely on the pavement and that a strip of pavement of at least 1.5 metres wide is left for pedestrians to use. This permission does not apply on road sections marked with a line prohibiting stopping;

2) park in an area where road signs prohibiting apply, park in a car parks with limited parking time for longer than prescribed, and park on a road in a calm traffic area outside a car park in places where this does not obstruct pedestrians or render other vehicular traffic impossible.

(4) The driver of a vehicle servicing a person with a mobility disability or a blind person, whose vehicle displays a parking card, may stop in a built-up area where road signs prohibiting stopping apply, in order to pick up or set down the person with a mobility disability or the blind person.

§ 69. Prohibition to drive vehicle due to state of intoxication

(1) A driver must not be in a state exceeding the maximum limit of alcohol specified in subsections 3 and 3¹ of this section or in a state of intoxication. The state of intoxication or exceeding the maximum limit of alcohol is established in accordance with the procedure provided in the Law Enforcement Act.

(2) The driver of a motor vehicle, tram or off-road vehicle is considered to be intoxicated by alcohol in the following events:

1) the alcohol content in one gram of the driver’s blood is no less than 1.50 milligrams or the alcohol content in the breath exhaled by the driver is 0.75 milligrams or more in one litre of breath;

2) the alcohol content in one gram of the driver’s blood is no less than 0.50 milligrams or the alcohol content in the breath exhaled by the driver is 0.25 milligrams or more in one litre of breath and there are externally perceptible disturbed or changed bodily or mental functions and reactions due to which the driver is evidently not able to drive a vehicle with due firmness required in traffic.

(3) The alcohol content in one gram of blood of the driver of a motor vehicle, tram or off-road vehicle must not be 0.20 milligrams or more or the alcohol content in the breath exhaled by the person must not be 0.10 milligrams or more in one litre of breath.

(3¹) The alcohol content in one gram of blood of the cyclist, rider of personal light electric vehicle or light moped driver must not be 0.50 milligrams or more or the alcohol content in the breath exhaled by the person must not be 0.25 milligrams or more in one litre of breath.

(4) Where a person who has suffered a traffic accident is transported to a medical service provider to get emergency medical aid, the medical service provider authorised to take blood tests, must, at the request of the police, take the person’s blood test for the purpose of establishing a state of intoxication.

(5) The taking, storing and transfer for analysis of blood samples for the purpose of establishing the state of intoxication and the carrying out of analyses and remuneration of these steps takes place on the basis of and in accordance with the procedure established by the Law Enforcement Act.

(6) The result of a blood test is recorded in accordance with the procedure established on the basis of the Law Enforcement Act.

§ 70. Prohibition to drive caused by state of health

(1) The driver must not be in such a medical condition or fatigue disorder that would prevent the driver from getting a precise perception of traffic conditions and the firm fulfilment of the requirements set by or on the basis of this Act (hereinafter state of health hazardous to traffic safety).

(2) The states of health in the event of which it is prohibited to a drive motor vehicle, off-road vehicle and tram:

1) decreasing visual acuity – together with correction lower than 0.5 when using both eyes together or lower than 0.6 with the only better eye;

2) horizontal field of vision is narrower than 120°;

3) severe mobility disability (loss or distortion of limbs, joint stiffness or paralysis), except in events provided for in this Act or in legislation enacted in accordance therewith;

4) severe mental disorder, severe personality disorder or severe behavioural disorder;

5) effects of a substance decreasing or paralysing the person’s ability to drive.

(3) In addition to subsection 2 of this section, it is prohibited to drive a motor vehicle, off-road vehicle or tram where the special conditions set out in subsection 7 of § 101 of this Act are not fulfilled.

(4) A state of health hazardous to traffic safety is determined by a medical doctor.

(5) In the event of doubt concerning the state of health hazardous to traffic safety, the traffic supervision authority specified in subsection 1 of § 193 of this Act takes the person to the nearest in-patient provider of health services holding the activity licence for health services.

(6) A medical doctor has the right to choose their methods to examine a person referred to the medical services provider to determine the state of health hazardous to traffic safety and decide who can be present or in the same room when a state of health hazardous to traffic safety is being determined.

(7) Costs relating to the medical determination of a state of health hazardous to traffic safety are covered by the traffic supervision authority specified in subsection 1 of § 193 of this Act.

(8) Where a state of health hazardous to traffic safety is determined, the person must cover the costs relating to the determination of the state.

(9) The health services provider specified in subsection 5 of this section must carry out a health check in order to determine a state of health hazardous to traffic safety where the police requests that.

(10) The form of the examination report on the state of health hazardous to traffic safety is established by a regulation of the Government of the Republic.

§ 71. Additional requirements for driving animal-drawn vehicle and riding animals

(1) Draught, pack and saddle animals and cattle, individually or in herds, must have a driver who is able to guide the animals at all times, except at the entrance to a road in specifically signposted areas or car parks where the animal is securely tied.

(2) An animal-drawn vehicle, saddle animal and cattle may be driven by a person of at least ten years of age. A person of 10–14 years of age may drive an animal-drawn vehicle, saddle animal or cattle under the supervision of their legal guardian or an adult person authorised by the legal guardian.

(3) In a built-up area it is permitted to drive an animal-drawn vehicle in the far right lane of the carriageway, on the road outside a built-up area it is permitted on the shoulder, appropriate to the direction of traffic, or, in the absence of a shoulder or where it is unsuitable for travelling, it is permitted near the right-hand edge of the carriageway.

(4) When moving along the carriageway at night-time or in poor visibility, riders must display, on the side opposite to that appropriate to the direction of traffic, a white or selective-yellow light to the front and a red light to the rear or an amber light in both directions. A single device may display these lights. In a built-up area it is permitted to ride saddle animals as close to the right-hand edge of the carriageway or the lane reserved for public transport vehicles as possible. On roads outside built-up areas it is permitted to ride saddle animals on the shoulder, appropriate to the direction of traffic, or, in the absence of a shoulder or where it is unsuitable for travelling, it is permitted near the right-hand edge of the carriageway.

(5) Cattle may be driven only in daylight and as close to the right-hand edge of the road as possible, except for driving cattle that have got loose. When driving cattle that have got loose at night-time or in limited visibility, the driver must display, on the side opposite to that appropriate to the direction of traffic, a white or selective-yellow light to the front and a red light to the rear or an amber light in both directions. A single device may display these lights. There must be enough drivers to ensure safety and that the animals are kept together. Where necessary, the animals must be split into groups.

(6) Cattle must not be:

1) driven on a paved road without the authorisation of the owner or the possessor of the road;

2) left unsupervised on a road;

3) driven across a railway or carriageway in places not intended for such purpose or at night-time or in poor visibility.

§ 72. Duties of owner and authorised user of vehicle

(1) The owner and authorised user of a vehicle must ensure the proper use, good technical condition and proper storage of vehicles belonging to them or being in their possession.

(2) Where the owner of a motor vehicle grants another person use of the motor vehicle, they must keep the following information during the usage period and for a period of six months as of the end of the usage period by the other person and produce, when required by court or a traffic authority official:

1) the name and surname of the person who used the motor vehicle;

2) the address of the person who used the motor vehicle;

3) the date of birth or personal identification code of the person who used the motor vehicle;

4) the number of the driving licence of the person who used the motor vehicle.

(3) The authorised user also has the duties specified in subsection 2 of this section regarding the vehicle used by them.

(4) The owner and authorised user of a vehicle must ensure that the reading of the kilometrage indicator is not changed with the aim of leaving a false impression of the kilometrage of the motor vehicle.

(5) Where a motor vehicle or its trailer does not comply with the type approval requirements, its type approval has been granted on the basis of incorrect data or it has a design or manufacturing defect, the owner or authorised user of the motor vehicle or its trailer must allow the maker to take corrective measures in order to bring the motor vehicle or its trailer into compliance with the requirements or ensure its safety.

§ 73. Roadworthiness requirements for motor vehicle and its trailer, requirements for equipment and inspection of their compliance with regulations

(1) A motor vehicle and its trailer operated in traffic as well as their equipment must comply with the roadworthiness requirements provided by a statute. A motor vehicle and its trailer must be equipped as required.

(2) A motor vehicle and its trailer operated in traffic must have passed a roadworthiness test by the prescribed time. A roadworthiness test does not need to be passed by a motor vehicle and its trailer that are used exclusively on an island, except by a motor vehicle and its trailer that are used on a permanently inhabited large island for the purposes of the Permanently Inhabited Small Islands Act. The results of a roadworthiness test are proven based on the data of the motor register. The results of a roadworthiness test may also be proven by a registration certificate or a certified printout of the data of the motor register.

(3) The roadworthiness testing of a motor vehicle and its trailer is conducted and administrative supervision over the implementation and quality thereof is exercised by the Transport Administration.

(4) A decision on the roadworthiness of a motor vehicle and its trailer is made by the Transport Administration or a company specified in subsection 1 of § 191 of this Act with whom the Transport Administration has concluded an administrative agreement.

(4¹) The results of a roadworthiness test of a motor vehicle and its trailer registered in the motor register, which has been carried out in another Member State of the European Union, is valid in Estonia where the test has been carried out by a roadworthiness inspector specified in subsection 1¹ of § 191 of this Act and the results of the test have been entered in the motor register.

(5) The costs of a roadworthiness test of a motor vehicle and its trailer are covered by the owner, possessor or authorised user of the vehicle at the rates established on the basis of subsection 12¹ of this section. Upon establishment of the rates based on subsection 12¹ of this section, it must be taken into account that the company engaged in roadworthiness testing is able to cover the direct expenses related to the provided service, the capital expenditure and a proportionate amount of the overheads, and make a reasonable operating profit.

(6) During a roadworthiness test, the compliance or non-compliance of a motor vehicle or its trailer with the roadworthiness requirements is identified and in the event of compliance a date is set for the next test after the expiry of which the vehicle is no longer deemed roadworthy.

(7) In addition to subsection 6 of this section, a motor vehicle or its trailer is no longer deemed roadworthy where:

1) the insurer deems the vehicle or its trailer destroyed;

2) the person exercising traffic supervision takes a measure specified in clause 9 of subsection 1 of § 196² of this Act, or

3) according to official information received from the competent authority of a Member State of the European Union, a contracting state of the European Economic Area or the Swiss Confederation, a motor vehicle or its trailer has a fault or defect that requires a roadworthiness test of the vehicle, unless the vehicle does not have a serious or dangerous fault or defect for the purposes of this Act or it has been proven that the fault or defect has been eliminated.

(7¹) A motor vehicle or its trailer does not meet the roadworthiness requirements where it has a serious or dangerous fault or defect. A serious fault or defect is a fault or defect the occurrence of which calls for a roadworthiness test. A dangerous fault or defect is a fault or defect that directly and imminently jeopardises human life or health, property or the environment.

(7²) Where a serious fault or defect is detected during a roadworthiness test of a motor vehicle or its trailer, the motor vehicle or its trailer which does not meet the roadworthiness requirements in force may be used in traffic within the time limit specified in the regulation established on the basis of subsection 12 of this section or subsection 7 of § 85 of this Act, which depends on the time of presenting the vehicle for a roadworthiness test, but is not shorter than 30 days or longer than 60 days, and upon the expiry of which the motor vehicle or its trailer must be presented for a roadworthiness test again. Upon engaging in traffic, the driver must drive carefully, taking account of the nature of the fault or defect.

(7³) Where during a roadworthiness test a dangerous fault or defect is detected, the use of the vehicle in traffic is prohibited until the fault or defect has been eliminated. After eliminating the dangerous fault or defect, the motor vehicle or its trailer must be presented for a roadworthiness test. Such motor vehicle or its trailer may be used in traffic only in accordance with the procedure provided for in subsection 7⁴ of this section.

(7⁴) In addition to subsection 7² of this section, a motor vehicle or its trailer that does not comply with the roadworthiness requirements in force may, by way of exception, be used only where it does not have a dangerous fault or defect that would preclude the use of the vehicle in traffic. In these circumstances the motor vehicle or its trailer may be driven carefully, taking into consideration the nature of the fault, to the nearest repair centre, roadworthiness test centre, special system roadworthiness test centre specified in § 74¹ of this Act, regional office of the Transport Administration or parking facility, taking the shortest route possible.

(7⁵) During the period specified in subsection 7² of this section, the motor vehicle or its trailer cannot be used for carriage of passengers for the purposes of the Public Transport Act or for carriage of cargo for the purposes of the Road Transport Act.

(7⁶) The option provided for in subsection 7² of this section does not apply in the case of an extraordinary roadworthiness test under clause 9 of subsection 1 of § 196² of this Act.

(7⁷) The period specified in subsection 7² of this section does not extend where a motor vehicle or its trailer is presented for a roadworthiness test again and the serious fault or defect has not been eliminated or there is another serious fault or defect.

(8) A motor vehicle and its trailer must not have any equipment that detects or interferes with the speed measuring equipment used by the traffic supervision.

(9) A motor vehicle that is deemed a workplace in terms of the Occupational Health and Safety Act must be equipped with first aid equipment.

(10) Only a motor vehicle and its trailer that rest on the road surface with pneumatic tires or caterpillar tracks, tires or caterpillar tracks made of elastic material or caterpillar tracks equipped with elastic pads may be driven on a paved road.

(11) The roadworthiness requirements for motor vehicles and their trailers are established by a regulation of the minister in charge of the policy sector.

(12) The conditions of and procedure for roadworthiness testing of motor vehicles and trailers thereof, including the conditions of and procedure for inspection of equipment, types of roadworthiness testing, conditions of and procedure for classification of faults and defects, time limits of roadworthiness testing, time limits for presentation for repeat roadworthiness testing, list of vehicles released from roadworthiness testing, and the list of documents to be submitted and the procedure followed upon submission of documents during a roadworthiness test are established by a regulation of the minister in charge of the policy sector.

(12¹) The rates of the fee charged for a roadworthiness test are established by a regulation of the minister in charge of the policy sector.

§ 73¹. Using motor vehicle and its trailer after referral to extraordinary roadworthiness testing

(1) A motor vehicle or its trailer which has, due to a serious fault or defect, been referred to an extraordinary roadworthiness test on the basis of clause 9 of subsection 1 of § 196² of this Act may be used in traffic for up to 30 days after the detection of the serious fault or defect. Upon engaging in traffic, the driver must drive carefully, taking account of the nature of the fault or defect.

(2) A motor vehicle or its trailer from the driving of which the driver has been removed on the basis of clause 5 of subsection 2 of § 91 of this Act may be used only after eliminating the dangerous fault or defect. After eliminating the dangerous fault or defect, the motor vehicle or its trailer must be presented for a roadworthiness test. Such motor vehicle or its trailer may be used in traffic only in accordance with the procedure provided for in subsection 7⁴ of § 73 of this Act.

(3) After the period specified in subsection 1 of this section, the motor vehicle or its trailer may be used in traffic in accordance with the procedure provided for in subsection 7⁴ of § 73 of this Act.

(4) During the period specified in subsection 1 of this section, the motor vehicle or its trailer cannot be used for carriage of passengers for the purposes of the Public Transport Act or for carriage of cargo for the purposes of the Road Transport Act.

§ 74. Requirements for inspectors of roadworthiness of motor vehicles and their trailers

(1) An inspector of the roadworthiness of motor vehicles and their trailers must have:

1) higher education, secondary specialised education or vocational secondary education or respective education in the field of cars or tractors;

2) at least three years of relevant practical knowledge, training and experience;

3) the right to drive a motor vehicle of the type that they inspect.

(1¹) A person testing the roadworthiness of a motor vehicle and a trailer thereof must not be a person subject to a prohibition on business imposed by a final judgment or a person who has been deprived of the right to work as a tester of roadworthiness. A tester also must not be a person from whom the right to engage in roadworthiness testing or another similar field of activity has been taken away by a final judgment due to a misuse of their professional or official rights or a violation of their official duties. Also, the person must not be punished for an intentionally committed criminal offence, given the time limits of deletion of conviction data specified in § 24 of the Criminal Records Database Act.

(2) In addition to the requirements provided for in subsection 1 of this section, an inspector of the roadworthiness of trolleybuses must have undergone appropriate training in electrical safety requirements.

(3) The Transport Administration may authorise an inspector of the roadworthiness of category C motor vehicles and their trailers to inspect also category D motor vehicles and their trailers.

(4) An inspector of the roadworthiness of motor vehicles and their trailers must have undergone training and field training organised by the Transport Administration and passed a relevant examination.

(5) An inspector of the roadworthiness of motor vehicles and their trailers must be evaluated. Evaluation is organised and certificates are issued by the Transport Administration.

(6) An evaluation certificate is valid for three years.

(7) After evaluation, an inspector of the roadworthiness of motor vehicles and their trailers must undergo in-service training organised by the Transport Administration.

(8) The evaluation certificate of an inspector may be suspended by the Transport Administration until the date of expiry thereof and the Transport Administration may refuse to issue a new evaluation certificate within three years as of the suspension of the validity of the evaluation certificate where the holder of the certificate has violated legislation regulating roadworthiness testing of motor vehicles and their trailers.

(9) Where the Transport Administration has taken the measures specified in subsection 8 of this section for longer than one year, the holder of the certificate must undergo training, field training and take an examination specified in subsection 4 of this section to have the validity of the evaluation certificate restored.

(9¹) Where the Transport Administration has taken the measures specified in subsection 8 of this section for less than one year, the Transport Administration may demand that that the holder of the certificate take the examination specified in subsection 4 of this section in order to restore the validity of the certificate.

(9²) Where more than five years has passed from the expiry of the validity of the evaluation certificate, a tester of the roadworthiness of motor vehicles and their trailers must undergo training, field training and take an examination specified in subsection 4 of this section.

(10) The requirements of and the procedures for evaluation of inspectors of roadworthiness of motor vehicles and their trailers, including the requirements of and procedure for the authorisation specified in subsection 3 of this section, are established by a regulation of the minister in charge of the policy sector.

(11) A state fee is payable for an examination and evaluation of an inspector of the roadworthiness of motor vehicles and their trailers.

(12) A person who has acquired foreign professional qualifications may act as an inspector of the roadworthiness of a motor vehicle and its trailer where their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Transport Administration.

§ 74¹. Testing of roadworthiness of special system of motor vehicle and its trailer

(1) In addition to the roadworthiness testing provided for in § 73 of this Act, a motor vehicle with a special system and its trailer must be periodically presented for a special system roadworthiness test. For the purposes of this Act, ‘special system’ means a system used on a motor vehicle or its trailer, which may pose a threat to humans or the environment and the compliance of which with the requirements cannot be checked or is not practical to check by way of the conventional roadworthiness testing because it calls for:

1) removal of parts from the vehicle, or

2) knowledge or skills on the part of the testing staff, which are not required from a roadworthiness tester, or

3) rooms or equipment the existence of which is not required from a company engaged in conventional roadworthiness testing.

(2) The roadworthiness of a special system must be tested regularly, depending on the special system, the category of the motor vehicle and its trailer or the purpose of use of the motor vehicle and its trailer, at least once every ten years but not less frequently than once every twelve months.

(3) In a roadworthiness test of a special system, a company specified in § 74² of this Act establishes the compliance of the special system or a part thereof with the roadworthiness requirements of the motor vehicle and its trailer. The results of the roadworthiness test of the special system are proven based on the data of the motor register.

(4) A roadworthiness test of a special system expires where:

1) the insurer deems the motor vehicle or its trailer destroyed;

2) a dangerous fault or defect that poses a direct and immediate threat to human life, health, property or the environment is detected in a roadworthiness test of the special system.

(5) The person who conducts the roadworthiness test of a special system submits the results of the test to the motor register.

(6) Where a motor vehicle or its trailer, which has passed a special system roadworthiness test the results of which have not expired but the special system poses a threat to human life, health, property or the environment or where the established requirements were deviated from in testing the roadworthiness of the special system, as a result of which the compliance of the special system with the roadworthiness requirements is not proven, the motor vehicle or its trailer must be presented for an extraordinary roadworthiness test of the special system before the expiry of the results of the previous test. The compliance of the special system of the motor vehicle and its trailer or a part thereof with the roadworthiness requirements is tested extraordinarily and a new deadline for a special system roadworthiness test is set.

(7) By a regulation, the minister in charge of the policy sector establishes:

1) the special systems of a motor vehicle or its trailer;

2) deadlines for roadworthiness testing of special systems;

3) detailed requirements for roadworthiness testing of special systems;

4) circumstances in which a motor vehicle or its trailer must be presented for an extraordinary roadworthiness test of its special system;

5) the procedure for the submission of results of a roadworthiness test of a special system to the motor register.

(8) A motor vehicle or its trailer which has not passed a roadworthiness test of a special system may be used in traffic only way of an exception, provided that it does not have a dangerous fault or defect that would pose a direct and immediate threat to human life, health, property or the environment. In these circumstances the vehicle or its trailer may be driven carefully, taking into consideration the nature of the threat, to the nearest repair centre, special system roadworthiness test centre, regional office of the Transport Administration or parking facility, taking the shortest route possible.

§ 74². Duty to report and requirements for company engaged in roadworthiness testing of special systems

(1) To test the roadworthiness of a special system, the company must submit a notice of economic activities to the register of economic activities in accordance with the General Part of the Economic Activities Code Act.

(2) A company engaged in testing the roadworthiness of special systems must be trustworthy.

(3) A company engaged in the roadworthiness testing of special systems must not have been declared bankrupt or liquidation proceedings must not have been initiated against it or it must not be subject to any other circumstances that could result in its permanent insolvency or winding up.

(4) A company engaged in the roadworthiness testing of special systems must not have any non-staggered overdue state or local taxes, fees, fines or compulsory insurance premiums.

(5) A company engaged in the roadworthiness testing of special system and its staff must be competent, avoid a conflict of interests and ensure the safety, quality, uniformity and trustworthiness of the roadworthiness testing of special systems.

(6) A company engaged in the roadworthiness testing of special systems must have rooms and equipment that allow for testing the roadworthiness of special systems in a safe and quality manner.

(7) Requirements for the staff, rooms, equipment and testing quality of companies engaged in the roadworthiness testing of special systems are established by a regulation of the minister in charge of the policy sector.

(8) The room where roadworthiness testing of special systems is carried out must be equipped with technical means that allow for monitoring and recording the roadworthiness testing of the special system. The monitoring may be carried out and the recordings may be used for the purposes of state supervision and for solving intra-authority appeals and complaints. Recordings are preserved for at least six months but not for more than one year.

(9) Procedure for the installation and use of technical means specified in subsection 8 of this section and processing of data and requirements for the technical means are established by a regulation of the minister in charge of the policy sector.

§ 75. Administrative supervision of roadworthiness testing

(1) Administrative supervision of roadworthiness testing is an activity the purpose of which is to establish where a centre for roadworthiness testing and the processes and the quality of roadworthiness testing of motor vehicles and their trailers comply with the requirements provided by a statute and to check compliance with the obligations arising from a public law contract specified in subsection 1 of § 191 of this Act.

(2) The administrative supervision specified in subsection 1 of this section is performed by traffic controllers of the Transport Administration.

(3) The person exercising administrative supervision must present their identification when performing their official duties. The person exercising administrative supervision must ensure the confidentiality of the information learned, unless legislation provides for the disclosure thereof.

(4) The person exercising administrative supervision is authorised to:

1) inspect the performance and quality of roadworthiness inspection of a motor vehicle and its trailer unobstructed and without advance notice;

2) enter a centre for roadworthiness testing in order to carry out a test, request appropriate documents, data and other materials and clarifications from the person authorised to perform roadworthiness testing and a person specified in § 73 of this Act;

3) inspect the compliance of the centre for roadworthiness testing with the requirements provided by a statute;

4) be present while roadworthiness testing is carried out and examine the processes;

5) inspect a motor vehicle and its trailer regarding the compliance of the roadworthiness testing with the regulations provided by a statute.

§ 75¹. State supervision over compliance with requirements for roadworthiness of special system

(1) State supervision over compliance with requirements for the roadworthiness of a special system is carried out by the Transport Administration.

(2) The Transport Administration has the right to issue a compliance notice in order to prevent a violation of a requirement established for the roadworthiness testing of a special system, to bring an activity in compliance with a requirement established for the roadworthiness testing of a special system or to have an duty related to the roadworthiness testing of a special system performed and to terminate the obstruction of state supervision, thereby granting a reasonable time limit for complying with the notice.

(3) Where the person testing the roadworthiness of a special system or the roadworthiness testing of a special system does not comply with the established requirements, the Transport Administration has the right to issue to the owner or responsible user of the motor vehicle or its trailer a compliance notice subjecting the special system to an extraordinary roadworthiness test.

(4) The Transport Administration may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

(5) Where a compliance notice specified in subsections 2 and 3 of this section is not complied with, the Transport Administration may impose a non-compliance levy in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act. The maximum non-compliance levy payable by a natural person is 640 euros and the maximum non-compliance levy payable by a legal person is 6,400 euros.

§ 76. Registration of motor vehicle and its trailer

(1) A motor vehicle and its trailer must be registered in accordance with the established procedure and bear state registration plates. The registration plate of the traction unit may be placed on the towed supplementary equipment in accordance with subsection 11 of § 73 of this Act. A motor vehicle or its trailer, which is used in road traffic, must be registered within five working days after putting the vehicle into service in Estonia for the first time.

(2) Registration is an act whereby the authority specified in subsection 7 of this section enters the details of a motor vehicle or its trailer that is put into service in Estonia and complies with the requirements and the persons related to it into the motor register. The registration of a motor vehicle or its trailer is proven by a registration certificate or the data of the motor register.

(3) A motor vehicle or its trailer used by a person permanently residing in Estonia, natural person who has obtained a residence permit in Estonia and a legal person who is registered in Estonia is subject to registration. Also subject to registration are a motor vehicle and trailer that have been in Estonia for more than one year and are put into service by a natural person permanently residing in a foreign state, a legal person and a self-employed person registered in a foreign state.

(3¹) A motor vehicle of the armed forces of a foreign state located in the territory of the Republic of Estonia, which has been registered in the foreign state and to which a registration plate or mark has been issued there, does not need to be registered.

(4) Where the owner of a motor vehicle or its trailer is a natural person who does not have an Estonian residence permit or a legal person who is not registered in Estonia in accordance with legislation, a natural person who has Estonian citizenship or a residence permit or right in Estonia and permanent residence in Estonia or a legal person registered in Estonia who is authorised by the owner of the motor vehicle or trailer is entered into the motor register as the authorised user.

(5) Where a motor vehicle or its trailer belongs to multiple owners jointly, all the owners are entered into the motor register and one owner is designated by the owners of the motor vehicle or its trailer as the authorised user.

(6) A motor vehicle and its trailer that have been brought to Estonia for temporary use must be registered for the term specified in the customs declaration.

(7) A motor vehicle and its trailer are registered or a decision to refuse registration is made and the related registry entries are made by the Transport Administration. Upon registration, a registration plate and a registration certificate are issued regarding a motor vehicle and its trailer.

(8) Trolleybuses and their trailers are registered and the registers thereof maintained by their owners.

(9) Prior to the registration of a motor vehicle and its trailer, an inspection of the roadworthiness thereof must be carried out where compliance of the motor vehicle and its trailer with the roadworthiness requirements is decided. The decision is made in writing only where the motor vehicle or its trailer does not comply with the requirements in force.

(10) A motor vehicle and its trailer that have an Estonian registration plate and also a registration plate from another state may not be used, unless the foreign motor vehicle and its trailer have been registered in Estonia for a specified term.

(11) When leaving the state, a motor vehicle or combination of vehicles registered in Estonia must display, in a visible place at the rear, the distinguishing sign of Estonia where it has not been incorporated into the registration plate. When entering the state, a motor vehicle or combination of vehicles that has been registered in a foreign state must display the distinguishing sign of the state in which they are registered where it has not been incorporated into the registration plate.

(12) A trailer of a motor vehicle engaged in international traffic for which a registration certificate or a registration plate has not been issued by a competent authority, but which has a certificate issued by a competent authority of the state that specifies the permissible mass of the trailer and a certificate for passing the annual roadworthiness test, must be fitted with the registration number of the traction unit in the place of the registration plate.

(13) The conditions of and procedure for registration of motor vehicles and their trailers, including the list of data and documents required for registration, procedure for roadworthiness testing prior to registration, the form of the certificate and the requirements for manufacturing state registration plates and vehicle marking signs are established by a regulation of the minister in charge of the policy sector.

(14) A state fee is payable for issuing a registration plate, summoning a Transport Administration official and making entries into the motor register regarding a motor vehicle and its trailer.

§ 77. Refusal to register motor vehicle and its trailer, amendments to register data and deletion from register

(1) The Transport Administration makes a decision to refuse to register a motor vehicle or its trailer or to make other register entries when:

1) documents or data required for registration have not been submitted;

2) the motor vehicle or its trailer does not comply with the requirements in force; or

3) is made up of spare parts;

4) the motor vehicle or its trailer has been deleted from the register due to being destroyed or based on a valid certificate of destruction.

(1¹) The Transport Administration may refuse to register a motor vehicle or a trailer thereof where it complies with the requirements in force, but still involves a significant danger to human life or health, the environment or property, and with regard to which a market surveillance authority or a type-approval authority of a Member State of the European Union has taken market surveillance measures or measures of supervision over compliance with type-approval.

(1²) In the event specified in subsection 1¹ of this section, the registration of a car and its trailer may be refused for up to six months and the registration of a moped, motorcycle, tractor and its trailer may be refused until the manufacturer has fulfilled all the relevant conditions.

(2) Amending register data means changing, adding or omitting data about a motor vehicle and its trailer and persons relating thereto.

(3) In order to amend register data, the owners, their representatives or other entitled persons of a motor vehicle and its trailer must submit a valid application to the Transport Administration within five working days of the occurrence of the amendment.

(4) In order to amend register data, a motor vehicle or its trailer must be presented to the Transport Administration for inspection when changes occur in the data of the motor vehicle or its trailer or when the vehicle does not have a valid identification number.

(5) Deletion from the register means making a vehicle deletion entry in the motor register. The suspension of the register entry of a vehicle in accordance with subsection 8¹ of this section or the temporary deletion of a vehicle from the register in accordance with subsection 7 of this section is not considered deletion from the register.

(6) A motor vehicle or its trailer is deleted from the register:

1) when a motor vehicle or its trailer is taken out of Estonia in connection with the owner of the vehicle or its trailer settling in another state or the transfer of the vehicle to another state;

2) based on a valid certificate of destruction in the event of three-wheeled motorcycles or light quardicycles, passenger cars or trucks with a maximum mass not exceeding 3,500 kilograms. A certificate of destruction does not need to be submitted for deleting from the register a motor vehicle specified in subsection 1 of this section, which has been demolished or destroyed before 1 May 2004;

3) when the term for the temporarily registered motor vehicle or its trailer expires;

4) in the case of a vehicle not specified in subsection 2 of this section, a vintage vehicle or a vehicle previously approved as a vintage vehicle, based on a request of its owner or the owner’s representative;

5) based on official information from a relevant authority of a Member State of the European Union regarding the registration of the motor vehicle or its trailer in the respective Member State;

6) based on a request of the Ministry of the Interior upon delivery of a vehicle specified in clause 2 of this subsection to a museum or to an internal security training establishment as a training aid;

7) based on a certificate of the Estonian Defence Forces, the Environmental Board, the Police and Border Guard Board or the Rescue Board, where the vehicle specified in clause 2 of this subsection has been destroyed and it cannot be duly demolished; or

8) in another event provided by a statute.

(6¹) A motor vehicle is deemed a lost vehicle and is deleted from the motor register based on a request of its owner or the owner’s successor where the person confirms that the vehicle specified in clause 2 of subsection 6 of this section:

1) has been transferred, it is not in the possession of the person, the transfer agreement has not been preserved and the transferee has not submitted an application for amendment of the register data; or

2) has been destroyed and it cannot be duly demolished.

(6²) A motor vehicle is deemed a lost vehicle and the Transport Administration deletes it from the motor register when:

1) at least seven years have passed since the death of a natural person entered in the register as the owner, or a legal person entered in the register as the owner has been deleted from the commercial register for at least one year;

2) information that search has been completed and the vehicle has not been found is forwarded to the Transport Administration concerning a vehicle that has been temporarily deleted on the basis of clause 2 of subsection 8 of this section.

(7) A motor vehicle or its trailer may, based on an application of the owner, or a representative of the owner, be temporarily deleted from the register for a period of 1–24 months, a vehicle of historical value not approved as a vintage vehicle for a period of 1‒60 months, and a vintage vehicle for a period of 1–144 months but not for longer than until expiry of the approval as a vintage vehicle. Upon termination of the temporary deletion of a motor vehicle or its trailer or upon expiry of the term of the temporary deletion, the vehicle is deemed to be in the register.

(7¹) Where the owner of a motor vehicle wishes to temporarily delete from the register a vehicle which does not have effective results of a roadworthiness test and which has not been subjected to a roadworthiness test specified in subsection 6 of § 73 of this Act within the last two years, the existence of the vehicle must be certified through the e-services information system of the Transport Administration or at an office of the Transport Administration. The certification is valid for 24 months, or 60 months in the case of a vehicle of historical value not approved as a vintage vehicle, and until expiry of the approval in the case of a vintage vehicle.

(7²) Upon the certification specified in subsection 7¹ of this section, the vehicle must be identifiable as the vehicle entered in the register.

(8) The Transport Administration temporarily deletes a motor vehicle or its trailer from the register when:

1) the owner entered in the register notifies of the transfer of the motor vehicle or its trailer but the acquirer has not submitted an application for amendment of the register data within the prescribed period;

2) the motor vehicle or its trailer has been declared wanted;

3) at least one year has passed since the death of its owner who is a natural person;

4) its owner who is a legal person has been deleted from the commercial register for at least one month.

(8¹) The suspension of the register entry of a motor vehicle or its trailer is a step by which the Transport Administration deletes the data of the vehicle from the motor register until the restoration of the register entry.

(8⁴) A motor vehicle or its trailer that has been temporarily deleted from the motor register is deemed an unregistered vehicle and its use in traffic is prohibited.

(8⁵) Where a motor vehicle owner or authorised user is in possession of a vehicle whose register entry has been suspended for more than seven years, the owner or authorised user must:

1) restore the register entry of the vehicle in accordance with subsection 2 of § 264⁴ of this Act;

2) apply for the temporary deletion of the vehicle from the register in accordance with subsection 3 of § 264⁴ of this Act; or

3) transfer the vehicle to a waste handler who complies with the requirements of subsection 1 of § 26³ of the Waste Act.

(8⁶) In order to carry out the operation specified in clause 3 of subsection 8⁵ of this section, an authorised user of the vehicle must obtain the consent of the owner of the vehicle.

(9) In the event of transfer, change of user or deletion from the register of a motor vehicle or its trailer encumbered with a restriction on transfer, a written consent of the person who imposed the restriction must be submitted.

(10) When a motor vehicle encumbered with a restriction on transfer is deleted from the register in the event specified in subsection 16² of § 264 of this Act, the consent of the person who imposed the restriction need not be sought if more than ten years have passed from the imposition of the latest valid restriction on transfer of the vehicle.

(11) Where a motor vehicle that has been deleted from the register is identified, the possessor of the vehicle or the owner of the immovable on which the vehicle is located may, without the consent of the vehicle owner entered in the register, deliver the vehicle to a waste handler meeting the requirements of subsection 1 of § 26³ of the Waste Act to be duly demolished.

(12) In the event specified in subsection 11 of this section, the waste handler does not require the registration documents of the motor vehicle or the consent of the registered owner and forwards the certificate of destruction to the Transport Administration.

(13) A state fee must be paid at the rate provided in the State Fees Act for the review of an application for the deletion of a lost motor vehicle from the register as specified in subsection 6¹ of this section and of an application for the temporary deletion of a vehicle from the register as specified in subsection 7¹ of this section.

§ 78. Type-approval, single vehicle approval and validity of approval

(1) The provisions of Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 02.03.2013, pp 1–51) apply to the type-approval of a tractor, its trailer and interchangeable towed equipment, taking into account the requirements established in this Act.

(1¹) The provisions of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheeled vehicles and quadricycles (OJ L 60, 02.03.2013, pp 52–128) apply to the type-approval of a light moped, moped and motorcycle, taking into account the requirements established in this Act.

(1²) Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.02.2014, pp 1–33) applies to the type-approval of a tachograph, a component thereof or a tachograph card, taking into account the requirements established in this Act.

(1³) Type-approval is a procedure by which a competent authority declares that: the type of a power-driven vehicle or its trailer or the type of a component, system, equipment or separate technical unit of a power-driven vehicle or its trailer (hereinafter jointly product) complies with the requirements established on the basis of subsection 5 of this section; the type of interchangeable towed machinery or the type of its component, system, equipment or separate technical unit complies with the requirements of Regulation (EU) No 167/2013 of the European Parliament and of the Council; the type of a mini moped or the type of its component, system, equipment or separate technical unit complies with the requirements of Regulation (EU) No 168/2013 of the European Parliament and of the Council; and a tachograph, its component or tachograph card complies with the requirements of Regulation (EU) No 165/2014 of the European Parliament and of the Council.

(1⁴) Upon granting a type-approval in an event specified in a legal instrument of the European Union, the Transport Administration may impose on the manufacturer of a motor vehicle or its trailer or product a secondary condition to periodically prove that the motor vehicle, its trailer or product complies with the type-approval. Detailed conditions of periodical proving of the compliance of the motor vehicle or its trailer or product with the type-approval are set out in the decision granting the type-approval.

(2) Single vehicle approval is a procedure by which a competent authority declares that a specific motor vehicle or its trailer complies with the requirements established on the basis of subsection 5 of this section.

(3) In Estonia, the competent authority for type-approval and single vehicle approval as well as for related steps is the Transport Administration.

(4) For the purpose of technical expert assessment and testing required for taking steps related to the type-approval and a single vehicle approval, the Transport Administration may use an expert or a designated technical service. Steps related to the type-approval and single vehicle approval are taken at the expense of the manufacturer of the vehicle or product, its official representative or importer.

(4¹) Without discriminating anyone, the manufacturer of a motor vehicle or its trailer or product must ensure simple and easy access to the information established on the basis of subsection 5 of this section.

(4²) The manufacturer of a motor vehicle or its trailer or product must take appropriate measures established on the basis of subsection 5 of this section for ensuring the compliance of the output with the data approved by the type-approval.

(4³) The manufacturer of interchangeable towed machinery must ensure easy and quick access to the information specified in Chapter XV of Regulation (EU) No 167/2013 of the European Parliament and of the Council and the manufacturer of a mini moped must ensure easy and quick access to the information specified in Chapter XV of Regulation (EU) No 168/2013 of the European Parliament and of the Council without discriminating anyone.

(4⁴) A type-approval or a single vehicle approval is issued for an unspecified time where the type-approval authority of a Member State of the European Union has not set a term of validity to the type-approval or the single vehicle approval.

(4⁵) The type-approval of a motor vehicle or its trailer terminates when:

1) new requirements applicable to the motor vehicle or its trailer that received the type-approval become mandatory for the motor vehicle or its trailer and the type-approval cannot be updated in accordance with the new requirements;

2) the manufacturing of the motor vehicle or its trailer, which received the type-approval, is terminated;

3) the term of validity of the type-approval expires;

4) the type-approval terminates due to a special restriction.

(4⁶) Where the type-approval of one variant or of one version of a variant of a motor vehicle or its trailer becomes invalid, only the type-approval of the variant or version of the vehicle becomes invalid.

(5) The requirements for a type-approval and a single vehicle approval are established for the purpose of the free movement of goods, energy efficiency, traffic safety, environmental protection, health protection, identification, road maintenance and prevention of unauthorised use. The conditions of and procedure for reviewing a type-approval and single vehicle approval, requirements for a vehicle and its component, system, equipment and separate technical unit, ensuring access to the repairs, maintenance and technical information of a vehicle, requirements of and procedure for ensuring compliance with the type-approval of output, type-approval supervision requirements, and the procedure for designation of the technical service are established by a regulation of the minister in charge of the policy sector.

(6) A state fee must be paid for type-approval, single vehicle approval and related steps.

§ 78¹. Refusal to grant type-approval and single vehicle approval or to take related steps

(1) The Transport Administration may refuse to grant type-approval or single vehicle approval or refuse to take related steps where:

1) documents or data required for obtaining type-approval or single vehicle approval have not been submitted;

2) the motor vehicle or its trailer or product does not comply with the requirements established on the basis of subsection 5 of § 78 of this Act;

3) the interchangeable towed equipment does not meet the requirements specified in Regulation (EU) No 167/2013 of the European Parliament and of the Council;

4) the light moped does not meet the requirements specified in Regulation (EU) No 168/2013 of the European Parliament and of the Council;

5) false data or falsified test results have been submitted in the course of granting the type-approval or single vehicle approval;

6) the defeat strategy, defeat device or pollution control failure device that complies with the requirements established on the basis of subsection 5 of § 78 of this Act or with Regulation (EU) No 168/2013 of the European Parliament and of the Council has been used in the course of granting the type-approval;

7) the motor vehicle or its trailer or the type of the product complies with the requirements established on the basis of subsection 5 of § 78 of this Act, but nevertheless poses a significant risk to human life, health, the environment or property.

(2) In addition to the provisions of subsection 1 of this section, the Transport Administration may, until a precept specified in subsection 5 of § 78³ of this Act has been complied with, refuse to grant type-approval to a motor vehicle or product of an equivalent type or refuse to take the related steps.

§ 78². Revocation of type-approval and single vehicle approval

(1) The Transport Administration may revoke a type-approval where the manufacturer:

1) requests that the type-approval be revoked;

2) submitted false information or falsified test results in the course of granting the type-approval, upon application of the manufacturer’s corrective measure or restrictive measure, in the course of surveillance of compliance with the type-approval or in the course of market surveillance;

3) has falsified test results upon inspection of the continued compliance of an in-use vehicle or its motor with the type-approval in accordance with requirements established on the basis of subsection 5 of § 78 of this Act or in accordance with Regulation (EU) No 168/2013 of the European Parliament and of the Council;

4) fails to submit such data or technical specifications due to which the type-approval would not have been granted or due to which the type-approval would have been revoked;

5) has impermissibly altered the motor vehicle’s emissions control system of nitrogen compounds (NOx) subject to the requirements established on the basis of subsection 5 of § 78 of this Act;

6) has used the defeat strategy, defeat device or pollution control failure device that complies with the requirements established on the basis of subsection 5 of § 78 of this Act or with Regulation (EU) No 168/2013 of the European Parliament and of the Council in the course of granting the type-approval of the motor vehicle;

7) has not complied with the precept specified in subsection 5 of § 78³ of this Act by the prescribed date;

8) has failed to fulfil the secondary condition imposed on the basis of subsection 1⁴ of § 78 of this Act.

(2) The Transport Administration may revoke a single vehicle approval where false information or falsified test results have been submitted in the course of granting the approval.

§ 78³. State supervision over compliance with type-approval

(1) Supervision over compliance with type-approval is an activity aimed at verifying the compliance of a motor vehicle or product with the data approved by the type-approval granted to the vehicle or product by the Transport Administration, as well as the manufacturer’s ability to ensure the compliance of the vehicle or product with data approved by the type-approval.

(2) The Transport Administration exercises supervision over the compliance with the type-approval.

(3) The compliance of a vehicle or product with the requirements of the type-approval is proven by the manufacturer, its official representative of importer.

(4) The supervisory official has the right to demand that the manufacturer submit relevant documents, data, test protocols and explanations, the right to examine the organisation of the manufacturing of the motor vehicle or product, observe the manufacturing process and have randomly chosen products referred for further inspection.

(5) Where a motor vehicle or product does not comply with data approved by the type-approval or where the manufacturer is unable to ensure the compliance of the vehicle or product with information approved by type-approval or where the manufacturer fails to ensure access to relevant information, the supervisor has the right to make a precept to the manufacturer to have the deficiency eliminated.

(6) Where the precept specified in subsection 5 of this section is not complied with, the maximum non-compliance levy imposed in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act is 6400 euros.

(7) The Transport Administration may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

(8) A state fee is paid for exercising state supervision over compliance with type-approval at the rate provided for in the State Fees Act.

§ 78⁴. Technical service, designation and competence thereof, and revocation of designation

(1) The technical service is the Transport Administration or a legal person appointed by the Transport Administration to organise the technical expert assessment and testing required for taking steps associated with type-approval (hereinafter designated technical service).

(2) The designated technical service must:

1) be independent of the process of designing, manufacturing, delivering and maintaining the vehicle or product assessed by it;

2) have staff that possesses the skills, technical expertise and qualifications required for carrying out the designated technical expert assessment or tests;

3) have the technical and information tools required for carrying out the technical expert assessment or tests;

4) ensure that the staff maintain confidentiality of the information learned in the course of their work.

(3) The designated technical service must not have any non-staggered overdue state or local taxes, fees, fines or compulsory insurance premiums. The designated technical service must not have been declared bankrupt or liquidation proceedings initiated against it or be subject to any other circumstances that could result in its permanent insolvency or termination of operations.

(4) In addition to the provisions of subsections 2 and 3 of this section, the designated technical service engaged in the technical expert assessment or tests required for taking steps related to the type-approval of a tractor, its trailer and interchangeable towed equipment as well as products designated for them must comply with the requirements established in Chapter XVI of Regulation (EU) No 167/2013 of the European Parliament and of the Council.

(5) In addition to the provisions of subsections 2 and 3 of this section, the designated technical service engaged in the technical expert assessment or tests required for taking steps related to the type-approval of a mini moped, moped and motorcycle as well as products designated for them must comply with the requirements established in Chapter XVI of Regulation (EU) No 168/2013 of the European Parliament and of the Council.

(6) The activity category of the technical service is determined on the basis of its field of competence in accordance with Article 41(3) of Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 09.10.2007, pp 1–160), Article 59(1) of Regulation (EU) No 167/2013 of the European Parliament and of the Council or Article 63(1) of Regulation (EU) No 168/2013 of the European Parliament and of the Council.

(7) The designation of the designated technical service is preceded by a conformity assessment in the course of which the compliance of the legal person with the statutory requirements is assessed and as a result of which the Transport Administration draws up a conformity assessment report in accordance with Article 42 of Directive 2007/46/EC of the European Parliament and of the Council, Article 62 of Regulation (EU) No 167/2013 of the European Parliament and of the Council or Article 66 of Regulation (EU) No 168/2013 of the European Parliament and of the Council.

(8) The conformity assessment specified in subsection 7 of this section is carried out by the Transport Administration. Upon conformity assessment, the Transport Administration can take into account the assessment given by an accreditation authority that complies with the requirements of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, pp 30–47) regarding the conformity of the legal person.

(9) The technical expert assessment and test by the designated technical service is taken into account in the process of granting the type-approval, provided that the technical service has been designated for carrying these out.

(10) The designation of the designated technical service is revoked at the request of the technical service. The designation of the designated technical service can be revoked also where the designated technical service has not complied with a precept specified in subsection 5 of § 78⁵ of this Act in a timely manner.

(11) The designated technical service informs the Transport Administration of each detected deviation from the requirements of the type-approval of the vehicle, its component, system, equipment or separate technical unit by the manufacturer as well as of each non-conformity that may result in refusal to grant the type-approval or restriction, suspension or revocation of the type-approval, and of the circumstances that affect the scope and conditions of designation of the designated technical service.

(12) A state fee is paid for the designation and extension of the competence of the technical service at the rate set out in the State Fees Act.

§ 78⁵. State supervision over designated technical service

(1) Supervision over the designated technical service is an activity aimed at verifying the compliance of the designated technical services and the organisation of technical expert assessments and tests required for taking steps related to type-approval with the established requirements. In the course of supervision of the designated technical service, the conformity assessment report preceding the designation of the designated technical service is examined as well.

(2) Supervision over the designated technical service is exercised by the Transport Administration.

(3) The Transport Administration examines the conformity assessment report at least once every three years.

(4) The supervisory official has the right to demand that the designated technical service submit relevant documents, data, test protocols and explanations, the right to examine the organisation of the technical expert assessment and tests, attend these, and have randomly chosen products referred for further inspection.

(5) Where the designated technical service or its technical expert assessment or test does not meet the established requirements, the supervision authority has the right to make a precept to the designated technical service for elimination of the defect. Until the precept has been complied with, the Transport Administration does not take into account the results of the technical expert assessment or the test required for taking steps related to type-approval.

(6) Where the precept specified in subsection 5 of this section is not complied with, the maximum non-compliance levy imposed in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act is 6400 euros.

(7) The Transport Administration may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

§ 79. Reconstruction of registered motor vehicle or their trailer

(1) The reconstruction of a registered motor vehicle or its trailer is authorised by the Transport Administration.

(2) A reconstructed motor vehicle and its trailer must comply with the roadworthiness requirements in force.

(3) After the reconstruction of a motor vehicle or its trailer, a technical expert analysis of the reconstructed vehicle or its trailer is carried out by the Transport Administration. The Transport Administration may involve experts in the expert analysis. The expert analysis and the related steps are taken at the expense of the manufacturer, the manufacturer’s official representative or the importer of the vehicle or product.

(4) The conditions of reconstruction of registered motor vehicles and procedure for authorisation of reconstruction are established by a regulation of the minister in charge of the policy sector.

§ 80. Maximum permissible dimensions, mass and axle load of vehicle, combination of vehicles and combination of tractors

(1) The laden mass of a vehicle must not exceed the permissible maximum mass and the load of any of the axles must not exceed the figure determined upon registration.

(2) Where any of the dimensions or the mass or axle load of a laden or unladen vehicle exceeds the established figure, the vehicle may be operated in accordance with the procedure established in § 34¹ of this Act.

(3) The maximum permissible dimensions of laden or unladen vehicles, combinations of vehicles and combinations of tractors and the permissible maximum mass and axle loads of vehicles, combinations of vehicles and combinations of tractors are established by a regulation of the minister in charge of the policy sector.

§ 81. Insurance of liability arising from using vehicle

(1) A vehicle must be covered by a motor insurance contract, or an automatic motor insurance must be in effect when using the vehicle, in accordance with the Motor Insurance Act.

§ 82. Racing vehicle

(1) A racing vehicle is a motor vehicle that is intended to be used only for participation in autosport or motorsport races or training and that, for the purposes of subsection 3 of § 4 of the Sports Act, complies with the requirements of the sport association established for the development and coordination of autosport or motorsport at the international or national level.

(2) A racing vehicle can only participate in traffic in connection with autosport and motorsport events and training sessions registered in compliance with the requirements of the sport association established for the development and coordination of autosport or motorsport at the international or national level, and in accordance with the race or training guidelines and in concordance with the race organiser.

(3) A racing vehicle may be only driven in traffic by a person specified in the guidelines of autosport or motorsport races and training sessions registered by the sport association established for the development and coordination of autosport or motorsport at the international or national level.

§ 83. Vintage vehicle

(1) A vehicle of historical value means a vehicle that reflects the development of science or technology, is of cultural and historical value and of interest to collectors or museums if at least 30 years have passed from its manufacture.

(2) A vintage vehicle means a vehicle of historical value if at least 35 years have passed from its manufacture and it has been approved as a vintage vehicle. Approval as a vintage vehicle is valid for 12 years from the date of approval. After expiry of the approval as a vintage vehicle, the vehicle is no longer deemed a vintage vehicle, it is not subject to the rules applicable to vintage vehicles and the replacement of the registration plate issued to the vehicle is not mandatory.

(3) Approval as a vintage vehicle means verifying that the vehicle to be classified as a vintage vehicle complies with the technical and originality requirements.

(4) Approval as a vintage vehicle is carried out by two specialists, who have been appointed by at least ten vintage vehicle clubs and approved by the Transport Administration, who issue a certificate of approval as a vintage vehicle. Approval as a vintage vehicle, the issue of an approval certificate and all related operations are carried out at the expense of the owner of the vehicle or the applicant for approval as a vintage vehicle.

(4¹) For the purposes of subsection 4 of this section, vintage vehicle club means a legal person who has been in existence for at least five years, whose activities are aimed at promoting the culture of vintage vehicles and preserving historical heritage and who has at least ten members.

(5) The procedure for approval, registration and roadworthiness testing of vintage vehicles and the roadworthiness requirements for vintage vehicles and requirements for the equipment thereof are established by a regulation of the minister in charge of the policy sector.

§ 84. Emergency response vehicle

(1) An emergency response vehicle is:

1) a vehicle and off-road vehicle used to perform urgent functions or official duties or duties whereby it is necessary to warn other road users of the presence of such vehicles (hereinafter emergency vehicle);

2) a vehicle used to perform road management duties and unavoidable official duties on roads (hereinafter maintenance vehicle);

3) a vehicle and off-road vehicle used by an official of a surveillance agency or of agency administered by it upon taking a surveillance step or by an official of a security authority officials upon engaging in covert information gathering specified in the Security Authorities Act (hereinafter surveillance vehicle).

(2) Where the blue flashing lamp or a blue signal light of an emergency vehicle is switched on, whether with or without a siren, the driver of the vehicle may derogate from the requirements specified in Chapter 2 of this Act upon performing the functions of the public authority, except from the requirements provided for in §§ 69 and 70.

(2¹) Where the blue flashing lamp or a blue signal light of an emergency vehicle is switched on, whether with or without a siren, the rider in the vehicle being a police officer, assistant police officer, rescue servant, voluntary rescuer, member of operational staff of a European Union agency or a servant performing official duties in Estonia within the framework of international cooperation may derogate from the requirements provided for riders in Chapter 2 of this Act upon performing the functions of the public authority.

(3) The driver of a surveillance vehicle may deviate from the requirements specified in Chapter 2 of this Act without using the siren upon performing their duties, except from the requirements specified in §§ 69 and 70.

(4) Where the yellow flashing lamp of a maintenance vehicle is switched on, the driver of the vehicle, upon performing their duties, may deviate from the requirements specified in subsection 1 of § 14, § 20, § 45 and subsection 6 of § 48 of this Act and from the requirements of traffic signs, except for priority signs and signs for speed limit, and the requirements of road markings.

(5) The driver of an emergency response vehicle must ensure that traffic safety is maintained when the rights specified in this section are exercised.

(6) The list of emergency response vehicles, the procedure for their identification and the applicable traffic rules are established by the Government of the Republic.

§ 84¹. Requirements for driver of emergency vehicle

(1) An emergency vehicle driver must complete emergency vehicle driver training of the category of the motor vehicle.

(2) The training provider issues an emergency vehicle driver training certificate. The emergency vehicle driver training certificate must comply with the requirements established on the basis of subsection 8 of this section.

(3) The emergency vehicle driver training provider must enter the details of the training certificate in the motor register.

(4) An emergency vehicle driver who does not exercise the right provided for in subsection 2 of § 84 of this Act does not have to complete the training specified in subsection 1 of this section.

(5) The driver of motor vehicles of category D does not have to complete emergency vehicle driver training where they have completed emergency vehicle driver training corresponding to motor vehicles of category B or C.

(6) A person who has held a valid driving licence of the respective category, including a provisional driving licence, for at least two years and a medical certificate that meets the health requirements applicable to drivers of emergency vehicles is admitted to emergency vehicle driver training.

(6¹) A person holding a valid driving licence of the respective motor vehicle category and a valid medical certificate that meets the health requirements applicable to drivers of emergency vehicles is admitted to category C emergency vehicle driver training.

(7) An emergency vehicle driver must complete emergency vehicle driver refresher training at least once every five years.

(8) The procedure for emergency vehicle driver training, competence requirements, training curriculum, training certificate form and details entered in the motor register are established by a regulation of the minister in charge of the policy sector.

§ 84². Requirements for emergency vehicle driver training provider

(1) To organise emergency vehicle driver training, the training provider must submit a notice of economic activities to the register of economic activities in accordance with the General Part of the Economic Activities Code Act.

(2) In addition to subsection 1 of § 15 of the General Part of the Economic Activities Code Act, the following details and documents are given in the notice of economic activities:

1) the emergency vehicle driver training curriculum;

2) details on the professional qualifications and work experience of the lecturer;

3) written consent to provide the training, which is signed by the lecturer specified in clause 2 of this subsection.

(3) The requirements provided for in subsections 1 and 2 of this section do not apply where the emergency vehicle training provider is the Estonian Internal Security Service, the Defence Forces, the Police and Border Guard Board, the Rescue Board, the Estonian Foreign Intelligence Service or the Estonian Academy of Security Sciences.

(4) The training provider must have the following:

1) a classroom and furnishings suitable for carrying out the training or a possibility to use them;

2) a driver training plot or a possibility to use one;

3) a training vehicle or a possibility to use one;

4) persons who comply with the requirements provided for in subsection 5 of this section.

(5) The person who teaches the emergency vehicle driving course must:

1) be familiar with the bases of the course taught;

2) have higher education or secondary specialised education;

3) have work experience corresponding to the substance of the course.

(6) A specialist who does not comply with the requirements provided for in subsection 5 of this section may be involved in training emergency vehicle drivers based on the objective of a course included in the emergency vehicle driver training curriculum.

§ 84³. State supervision over organisation of emergency vehicle driver training

(1) The Transport Administration exercises state supervision over the organisation of emergency vehicle driver training, which is subject to the notification obligation.

(2) The official exercising state supervision has the right to demand that the training provider and the person who actually carries out the training submit relevant documents, data and explanations and to inspect the organisation of the training as well as to be present during carrying out the training.

(3) Where the organisation of the emergency vehicle driver training does not comply with the requirements provided for in this Act or legislation passed on the basis thereof, the person exercising state supervision has the right to make a precept to the training provider to eliminate the deficiency. Until compliance with the precept, the person exercising state supervision may suspend the training activity of the training provider and prohibit the registration of new training groups.

(4) Upon failure to comply with a precept specified in subsection 3 of this section, the person exercising state supervision may impose a non-compliance levy in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act. The maximum non-compliance levy payable by a natural person is 1300 euros and the maximum non-compliance levy payable by a legal person is 6400 euros.

(5) The person exercising state supervision specified in subsection 1 of this section may, for the purpose of exercising the state supervision provided for in this section, apply the special measures of state supervision provided for in §§ 30, 32, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act

§ 85. Requirements for vehicle belonging to Estonian Defence Forces and Estonian Defence League

(1) Vehicles belonging to the Estonian Defence Forces and the Estonian Defence League, which have not been entered in the motor register, must be registered in accordance with the established procedure in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League, have passed a roadworthiness test in accordance with the requirements established in this section and have state registration plates.

(2) Vehicles entered in the register of the vehicles of the Defence Forces and the Defence League, their roadworthiness, inspection of compliance with the requirements, registration, reconstruction, and the duties of the owner and authorised user are governed by §§ 72, 73, 76, 79 and 84 of this Chapter, unless otherwise provided for in this section.

(3) The roadworthiness testing of a vehicle entered in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League is organised and administrative supervision over the proper implementation and quality thereof is exercised by the Estonian Defence Forces.

(3¹) The Defence Forces make a decision on the roadworthiness of a vehicle entered in the register of the Defence Forces and the Defence League.

(3²) The provisions of §§ 78–78⁵ do not apply to the type approval of a vehicle entered in the register of the Defence Forces and the Defence League.

(4) The Estonian Defence Forces is the competent authority for type-approval, supervision and assessment of reconstruction of vehicles belonging to the Estonian Defence Forces and the Estonian Defence League.

(5) The Estonian Defence Forces performs an act of registration of a vehicle registered in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League or a decision to refuse to perform such act and performs the related registry acts.

(6) To change data in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League, the owner of the vehicle, its representative or another authorised person must submit to the Estonian Defence Forces a duly made request within five working days as of the change of the data.

(7) The procedure for registration and roadworthiness testing of vehicles entered in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League, time limits for roadworthiness testing, time limit of presentation for a repeat roadworthiness test, conditions of and procedure for classification of faults and defects as well as requirements for roadworthiness and equipment are established by a regulation of the minister in charge of the policy sector.

(8) The procedure for and conditions and requirements of the type-approval of vehicles entered in the register of the vehicles of the Estonian Defence Forces and the Estonian Defence League are established by a regulation of the minister in charge of the policy sector.

§ 86. Requirements for animal-drawn vehicle

(1) An animal-drawn vehicle must have a stopper or brake to prevent the vehicle from rolling or a parking device.

(2) An animal-drawn vehicle exceeding one metre in width must be fitted with a marking sign for a slow-moving vehicle to the rear and two red reflectors fitted close to the outer edges of the vehicle.

(3) An animal-drawn vehicle exceeding one metre in width must show a white light to the front and a red light to the rear when moving at night-time or in poor visibility. These lights may be replaced by a single lamp placed on the left side of the vehicle with white light to the front and red light to the rear.

(4) Animal-drawn vehicles not exceeding one metre in width must have a red reflector placed at the rear near the left side, but when moving on the carriageway at night-time must carry the same marking as specified in subsection 3 of this section.

§ 87. Requirements for cycles, personal light electric vehicles and light mopeds

(1) A cycle and a mini moped must:

1) have a break and a bell that are in a working order;

2) be fitted with a white light to the front and a red light to the rear and a yellow or white reflex-reflector fitted on both sides of at least one wheel.

(1¹) In addition to subsection 1 of this section, a light moped must also comply with the requirements provided for in Regulation (EU) No 168/2013 of the European Parliament and of the Council.

(1²) The maximum design speed of a personal light electric vehicle must not exceed 25 kilometres per hour and the maximum power of the motor of a personal light electric vehicle (except for a self-balancing vehicle) must not exceed one kilowatt.

(2) A personal light electric vehicle must be equipped with the following:

1) working brakes or a system that enables braking;

2) a self-balancing vehicle must be equipped with a device that prevents accidental movement;

3) a bell, except in the case of a personal light electric vehicle not equipped with a handlebar;

4) a white light at the front and a red light at the rear and a yellow, red or white reflector or light on the sides, except in the case of a personal light electric vehicle not equipped with a handlebar.

(3) At night-time or in poor visibility, a cycle, a personal light electric vehicle and a light moped must have a lit white light at the front and a lit red at the rear while riding.

(4) The maximum permissible width of two-wheeled cycles and personal light electric vehicles is 0.8 metres and the maximum permissible width of cycles and personal light electric vehicles with three or more wheels is 1.25 metres. A cycle may tow a uni-axial cycle trailer with a maximum mass of up to 50 kilograms.

(4¹) Vehicles that do not comply with the requirements provided for in subsection 4 of this section may be used in traffic upon consent and on the conditions of the road owner.

(5) A light moped and a personal light electric vehicle must meet the technical requirements of the manufacturer.

§ 88. Documents required of driver of motor vehicle

(1) When driving a motor vehicle, the driver must carry a driving licence or another document certifying their right to drive, the registration certificate of the motor vehicle and the registration certificate of its trailer or a copy of the registration certificate of the trailer that is certified by the authority that issued the certificate and other documents required by a statute. In the case of a motor vehicle registered in Estonia or a trailer thereof, the registration certificate can be replaced with a copy.

(2) Where the driver carries an identity document, it is not mandatory to carry a driving licence issued in Estonia while driving in the territory of Estonia.

(3) Where the driver carries an identity document, it is not mandatory to carry the registration certificate of the motor vehicle and its trailer where the driver has been entered in the motor register as the owner, authorised user or a user; or where the owner, authorised user or a user is a passenger in the vehicle.

(3¹) Where a roadworthiness test must be taken, the driver of a motor vehicle or trailer of a foreign country must present a document certifying that the vehicle or trailer has passed a roadworthiness test.

(3²) The driver of a bus of a foreign country or a truck with a maximum mass of over 3,500 kilograms of a foreign country must present the last roadworthiness test card or a copy thereof or, in the case of an electronic test card, its certified printout and a roadworthiness test card issued in the course of traffic supervision, provided that such documents have been issued.

(4) Where the driver wishes to leave Estonia to enter a non-European Union state in a motor vehicle that is registered in Estonia or in a truck that is registered in Estonia and that has a maximum mass of 3,500 kilograms and their name is not entered on the registration certificate of the motor vehicle as the user of the vehicle, the driver must, in addition to the documents specified in subsection 1 of this section, carry an officially certified authorisation document issued by the owner of the vehicle, unless the owner or the person entered on the registration certificate as a user is a passenger in the vehicle. The written authorisation does not need to be carried when the owner or the person entered on the registration certificate as the user of the vehicle is a passenger in the vehicle.

(5) The written authorisation document specified in subsection 4 of this section may be substituted by a commercial lease contract of the motor vehicle where the owner and the commercial lessor of the motor vehicle are legal persons who are entered in the Estonian commercial register and whose activities, as specified in their articles of association, include the commercial leasing of motor vehicles. The commercial lease contract must contain the information specified in subsection 1 of § 89 of this Act.

(6¹) Where the driver of an emergency vehicle is carrying their identity document, the carrying of the training certificate specified in § 84¹ of this Act is not mandatory where the details of the certificate have been entered in the motor register. Where the details of the emergency vehicle driver training certificate have not been entered in the motor register, the driver must carry the respective certificate.

(7) A person specified in subsections 2 and 3 of § 95 of this Act who is in a category B car next to the driver with the limited right to drive or who is in the immediate vicinity of a category T motor vehicle driven by a driver with the limited right to drive, must carry a driving licence certifying that they have the right to drive motor vehicles of the respective category.

(8) A person who drives a motor vehicle in accordance with subsections 1 and 2 of § 109 of this Act must carry a learner’s form or learner’s certificate and an identity document during driving lessons.

(9) Where a driving instructor specified in subsection 1 of § 109 of this Act and a personal driving supervisor specified in subsection 2 of § 109 of this Act does not hold a driving licence issued in Estonia, they must carry a driving licence issued in a foreign state specified in subsection 1 of § 99. The right to train or instruct the driver of a motor vehicle is certified based on motor register data.

(10) The driver of a motor vehicle with a mandatory tachograph must present to a person exercising traffic supervision the tachograph card or the driver card or other document to the extent and on the conditions specified in Article 36 of Regulation (EU) No 165/2014 of the European Parliament and of the Council.

§ 89. Document authorising use of motor vehicle and its trailer

(1) A document authorising the use of a motor vehicle and its trailer must contain the following information:

1) the place and date of issue;

2) the given name, surname and address of the owner of the motor vehicle or its trailer;

3) the make and model of the motor vehicle or its trailer, and the vehicle identification number;

4) the number of the registration certificate and the state registration plate;

5) the name and address of the user of the vehicle and the number of their driving licence, date of birth or personal identification code.

6) the period of validity of the authorisation document.

(2) The owner’s signature on the authorisation document must be officially authenticated or notarised.

§ 90. Prohibition to drive motor vehicle

(1) A person must not drive a motor vehicle where:

1) they do not have the right to drive motor vehicles of the respective category or subcategory;

2) they do not meet the requirements established for the driver and the motor vehicle or those specified on the driving licence; or

3) they have been removed from driving a vehicle in accordance with § 91 of this Act.

(2) The owner, possessor or driver of a motor vehicle must not permit a person who does not have the right to drive motor vehicles of the respective category, who is in the state of intoxication, in a state exceeding the maximum permitted level of alcohol in the bloodstream or whose state of health is hazardous to road safety to drive the motor vehicle and must not entrust the driving of the motor vehicle to such person.

§ 91. Removal from driving vehicle

(1) Removal from driving a vehicle is a decision of a traffic supervisor or another law enforcement authority, which means prohibiting the driving of a vehicle until the ground for removal of the person from driving a vehicle has lapsed.

(2) A driver is removed from driving a vehicle where:

1) there is sufficient reason to believe that they used narcotic drugs or psychotropic substances or other substances with similar effect;

2) there is sufficient reason to believe that the alcohol level in their bloodstream or breath exceeds the established limit or they are in a state of intoxication;

3) they do not have the right to drive motor vehicles of the respective category;

4) they do not have the right to drive the respective vehicle;

5) it is prohibited to continue the journey with the vehicle due to a fault of the vehicle, the level of pollutants in its exhaust emissions, its noise level or another deficiency;

6) their driving licence is sent for expert assessment due to evident signs of falsification;

7) there is sufficient reason to believe that their state of health does not comply with the established requirements;

8) the driver of a motor vehicle with a tachograph has not complied with the rest requirements provided for in § 130 of this Act;

9) an infringement specified in point 7 of Annex IV to Regulation (EC) No. 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, pp. 51–71) is established upon measuring the mass of a motor vehicle, combination of vehicles or combination of tractors.

(2¹) The driver may be removed from driving a vehicle where the road toll has not been paid for the truck or its trailer.

(3) A decision to remove a driver from driving a vehicle must set out the following:

1) the time and place of the decision;

2) the name and address of the agency of the official that made the decision;

3) the position, given name and surname of the official who made the decision;

4) the given name and surname and the personal identification code or date of birth of the driver;

5) the address of the driver;

6) the type, model and registration plate of the vehicle;

7) the grounds for the removal from driving a vehicle specified in subsection 2 of this section, the time it commences and the conditions for its termination. In the event of seizure of registration plates, a note is made on the decision indicating the place for their return;

8) the signature of the person who drew up the decision.

(4) The decision takes effect as of making it.

(5) The decision to remove a driver from driving a vehicle must be drawn up in two original copies of which one is given to the driver. The other one is signed and dated by the driver to confirm receipt. Where the driver refuses to sign it or is in such a state of intoxication or medical condition that they are unable to sign it, a respective entry is made in the decision to remove the driver from driving.

(6) A decision to remove a driver from driving a vehicle may be appealed in accordance with the Administrative Procedure Act.

§ 92. Impoundment of vehicle

(1) A vehicle whose driver is removed from driving is towed to a guarded storage facility or a police authority where it is impossible to hand the vehicle over to the owner or the possessor on site.

(2) A vehicle may also be towed to a guarded storage facility if the vehicle is parked:

1) in such a manner that it poses a hazard to other road users or significantly disturbs the traffic;

2) in such a manner that it damages the road or a green area;

3) in a place where parking is prohibited and in such a way that it disturbs the repair and maintenance of the road, a green area, buildings or structures;

4) on a parking place designated for disabled people without a parking card issued to a vehicle servicing people with a mobility disability or blind people;

5) on a pavement, traffic island or central reserve, except in parking spaces indicated by a traffic control device;

6) in an entrance to an area bordering a calm traffic area and a road, also in the garage entrance preventing the use of a garage;

7) in an area where the panel indicating an area designated as a towing zone applies;

8) in the lane reserved for public transport vehicles.

9) on a public road and the vehicle has no registration plate, the vehicle has been unregistered for more than three months or the vehicle is not a complete vehicle within the meaning of subsection 5 of § 26³ of the Waste Act.

(2¹) A self-driving delivery robot may be taken to a guarded place of storage or a police authority where:

1) the self-driving delivery robot has been parked in the manner specified in clause 1, 2, 3, 6, 7 or 8 of subsection 2 of this section;

2) the self-driving delivery robot does not have an identification number, the user’s telephone number or the user’s name;

3) the user cannot be contacted at the telephone number given to the self-driving delivery robot;

4) the user data indicated on the self-driving delivery robot does not match with that of the actual user;

5) the user or driver complying with the requirements provided for in subsection 1 of § 151² of this Act cannot be identified.

(3) Clause 5 of subsection 2 of this section does not apply to cycles, personal light electric vehicles or light mopeds.

(4) The guarded storage facility specified in subsection 2 of this section is specified by the municipality.

(5) The right to tow away a vehicle:

1) is held by the police authority in the cases provided in subsections 2 and 2¹ of this section;

2) is held by the local government and on a national road by the Transport Administration in the cases provided in subsection 2 of this section.

(5¹) In the events provided for in subsection 2 of this section, the owner of a private road has the right to demand that the police authority or the municipality and, in the events specified in subsection 2¹, the police authority have a vehicle towed away.

(6) A vehicle specified in subsection 2 of this section can only be towed away where the owner, possessor or their representative is not present or there are no passengers in the vehicle or when the parties are unable or refuse to remove the obstacle or hazard caused by the illegally parked vehicle.

(7) A report is prepared concerning the towing of a vehicle and placement of the vehicle in a guarded storage facility and the report must set out the following:

1) the type, make, state registration plate and special features of the vehicle placed in the guarded storage facility and a list of anything visibly missing from or any visible damage to the vehicle;

2) the position, given name, surname and signature of the official who made the decision to tow and organised the towing;

3) the name, address and telephone number of the person who placed the vehicle in the guarded storage facility and the given name and surname of the person who carried out the placement;

4) the address of the storage facility in which the vehicle is placed;

5) the date and time of drawing up the report;

6) the position, given name and surname of the person who received the vehicle at the storage facility and a list of anything visibly missing from or any visible damage to the vehicle;

7) the signature of the person who received the vehicle in the storage facility.

(8) The report indicated in subsection 7 of this section is prepared in three original copies of which one is given to the official who made the decision to place the vehicle in a storage facility, one is retained by the company that organised the placement and one is retained in the storage facility of the vehicle.

(9) A vehicle is returned to the owner or a representative thereof promptly after payment of the costs of the arrival of the tow truck, towing and storing the vehicle. Placing a vehicle on a tow truck is also deemed as towing.

(10) A company that tows or stores a vehicle is liable for any damage caused during towing or storage of the vehicle.

(11) In the events set out in clause 5 of subsection 2 of § 91 of this Act, the use of a vehicle may be prohibited by means of seizure of the registration plates thereof.

(12) The costs of transporting a vehicle to a guarded storage facility or police authority and the costs of storing and guarding the vehicle there must be compensated by the driver, owner or possessor of the vehicle in accordance with the procedure and at the rates established in subsection 14 of this section. Upon establishment of the rates on the basis of subsection 14 of this section, it must be taken into account that the person towing the vehicle away or the person organising the keeping and guarding of the vehicle in a guarded storage facility must be able to cover the direct expenses relating to the service, the capital expenditure and a proportional part of the overheads and make a reasonable operating profit. The police are informed without delay and the owner or possessor of the vehicle or their representative is informed in writing of the transportation of the vehicle to a storage facility or police authority.

(13) The driver, owner or possessor of a vehicle is released from compensating for the costs specified in subsection 12 of this section where their actions do not comprise the elements of an offence.

(14) The costs of transporting a vehicle to the guarded storage facility or police authority and the costs of storing and guarding the vehicle there and the reimbursement arrangements are established by a regulation of the Government of the Republic.

§ 93. Categories of motor vehicles

(1) In terms of the right to drive, motor vehicles and combinations of vehicles are divided into main categories and subcategories.

(2) The main categories for motor vehicles, combinations of vehicles and combinations of tractors are as follows:

1) AM – moped;

2) A – motorcycle;

3) B – car with maximum mass not exceeding 3,500 kilograms and designed and manufactured to carry up to eight passengers in addition to the driver; the same car coupled with a light-weight trailer or with a trailer that is not a light-weight trailer and where the maximum mass of the combination of vehicles does not exceed 3,500 kilograms; the same car with a trailer of maximum mass exceeding 750 kilograms and where the maximum mass of the road-train exceeds 3,500 kilograms but does not exceed 4250 kilograms, provided that the right to drive such a car and trailer combination has been obtained after passing a relevant driving test;

4) BE – combination of vehicles that consists of a category B car and a trailer or a semi-trailer with a maximum mass not exceeding 3,500 kilograms;

5) C – car that does not belong to category D or subcategory D1, has a maximum mass of more than 3,500 kilograms and has been designed and constructed to carry up to eight passengers in addition to the driver; the same car coupled with a light trailer or the same emergency vehicle along with a trailer whose maximum mass is up to 3,500 kilograms;

6) CE – combination of vehicles consisting of a category C car and its trailer or semi-trailer with a maximum mass exceeding 750 kilograms;

7) D – car that has been designed and constructed to carry more than eight passengers in addition to the driver; the same car coupled with a light trailer;

8) DE – combination of vehicles consisting of a category D car and its trailer with a maximum mass exceeding 750 kilograms;

9) T – tractor, mobile machinery and combination of tractors.

(3) The subcategories for motor vehicles and combinations of vehicles are as follows:

1) A1 – motorcycle with engine capacity not exceeding 125 cubic centimetres and engine power not exceeding 11 kilowatts or a motorcycle with power-to-weight ratio not exceeding 0.1 kilowatts per kilogram. A three-wheeled motor vehicle with symmetrically arranged wheels and with engine power not exceeding 15 kilowatts is also a subcategory A1 motor vehicle;

2) A2 – motorcycle with engine power not exceeding 35 kilowatts or with power-to-weight ratio not exceeding 0.2 kilowatts per kilogram and that has not been modified from a vehicle with engine capacity at least twice the amount;

3) B1 – four-wheeled vehicle, which is not a moped, with unladen mass not exceeding 400 kilograms, or 550 kilograms for vehicles for transporting goods, and with net engine power no higher than 15 kilowatts. For vehicles with an electric actuator, the unladen mass does not include battery mass;

4) C1 – car that does not belong to category D or subcategory D1 and with maximum mass exceeding 3,500 kilograms but not exceeding 7,500 kilograms, and that has been designed and manufactured to carry up to eight passengers in addition to the driver; the same car with a light trailer;

5) C1E – combination of vehicles consisting of a subcategory C1 car and its trailer or semi-trailer with maximum mass exceeding 750 kilograms, provided that the combined maximum mass of the traction unit and the trailer or semi-trailer does not exceed 12,000 kilograms; combination of vehicles consisting of a category B car and its trailer or semi-trailer with maximum mass exceeding 3,500 kilograms, provided that the combined permissible maximum mass of the traction unit and the trailer or semi-trailer does not exceed 12,000 kilograms;

6) D1 – car that has been designed and constructed to carry up to 16 passengers in addition to the driver and with a length not exceeding eight metres; the same car with a light trailer;

7) D1E – combination of vehicles consisting of a subcategory D1 car and its trailer with a maximum mass exceeding 750 kilograms.

§ 94. Right to drive

(1) A motor vehicle may be driven by a person who has the right to drive motor vehicles of the respective category and whose right to drive has not been suspended, withdrawn or revoked or who has not been removed from driving.

(2) Motor vehicles of the AM category may also be driven by a person who has the right to drive any motor vehicle or the limited right to drive. A person born prior to 1 January 1993 is not required to have the right to drive or the limited right to drive motor vehicles of the AM category. A person who was 16–17 years of age at the time of entry into force of this is not required to have the right to drive motor vehicles of the AM category until 1 January 2013.

(3) A person with the right to drive motor vehicles of category A may also drive motor vehicles of subcategories A1 and A2.

(4) A person with the right to drive motor vehicles of category B may also drive:

1) motor vehicles of subcategory A1;

2) motor vehicles of subcategory B1;

3) three-wheeled motor vehicles of category A with symmetrically arranged wheels.

(4¹) In order to drive motor vehicles of subcategory A1 provided for in clause 1 of subsection 4 of this section, a person must have held a driving licence for motor vehicles of category B for at least two years and have undergone training in accordance with the rules established on the basis of subsection 6 of § 100 of this Act, and information concerning the completion of training must be entered in the motor register. In order to drive motor vehicles of subcategory A1 abroad, a person must have obtained the qualification of a motor vehicle driver in accordance with the requirements established in subsection 3 of § 100 of this Act.

(4²) Where the engine power of a three-wheeled motor vehicle of category A with symmetrically arranged wheels specified in clause 3 of subsection 4 of this section exceeds 15 kilowatts, the person with the right to drive motor vehicles of category B must be at least 21 years of age.

(4³) For the purposes of the first sentence of subsection 4¹ of this section, the time of holding the limited right to drive and the time of holding a provisional driving licence are not included in the time of holding a driving licence for motor vehicles of category B.

(5) A person with the right to drive motor vehicles of category C may also drive motor vehicles of subcategory C1.

(6) A person with the right to drive motor vehicles of category D may also drive motor vehicles of subcategory D1.

(7) A person with the right to drive combinations of vehicles of categories CE and DE and subcategories C1E and D1E may also drive combinations of vehicles of category BE. A person with the right to drive combinations of vehicles of category CE may also drive combinations of vehicles of category DE where the driver holds the right to drive motor vehicles of category D.

(8) A person with the right to drive combinations of vehicles of subcategory C1E may also drive combinations of vehicles of subcategory D1E where the driver holds the right to drive motor vehicles of subcategory D1.

(9) A person with the right to drive combinations of vehicles of category DE may also drive combinations of vehicles of subcategory C1E where the driver holds the right to drive motor vehicles of subcategory C1.

(10) Motor vehicles of category T and combinations of tractors with the maximum mass not exceeding 8000 kilograms may also be driven by a person who has the right to drive motor vehicles of categories B, C or D or subcategories C1 or D1.

(11) Motor vehicles of category T and combinations of tractors with the maximum mass not exceeding 18,000 kilograms may also be driven by a person who has the right to drive combinations of vehicles of category BE, motor vehicles of categories C or D, motor vehicles of subcategories C1 or D1 or a person who received the right to drive motor vehicles of category B prior to the entry into force of this Act.

(12) Motor vehicles of category T and combinations of tractors may also be driven by a person who has the right to drive combinations of vehicles of categories CE or DE or subcategories C1E or D1E.

§ 95. Limited right to drive

(1) The limited right to drive is the right of a person who is younger than persons provided for in subsection 1 of § 103 of this Act to drive motor vehicles in the events and in accordance with the procedure provided for in this section.

(2) The limited right to drive motor vehicles of category B may be granted to a person of 16 to 17 years of age. A person with the limited right to drive may drive a car on the condition that they are accompanied by their legal guardian or by a person authorised by the legal guardian in writing who has been holding the right to drive motor vehicles of category B for at least two years and is not in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream.

(3) The limited right to drive motor vehicles of category T may be granted to a person of at least 15 years of age on the condition that the maximum mass of the vehicle with or without a trailer does not exceed 8000 kilograms. A person with the limited right to drive may drive motor vehicles of category T on the condition that they do not carry goods on roads and that the driving takes place under the direct supervision of their legal guardian or a person authorised by the legal guardian in writing. Such person must have held a driving licence certifying the right to drive motor vehicles of category T for at least two years and must not be in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream.

(4) A car that is driven by a person with the limited right to drive must display a novice driver’s badge on the front and at the rear of the motor vehicle in a visible position.

(5) In the event of the legal guardian specified in subsections 2 and 3 of this section or a person authorised in writing by the legal guardian, the required period of holding the relevant licence does not include the period in which they held a licence with the limited right to drive or a provisional licence.

§ 96. Documents certifying right to drive

(1) The driver of a motor vehicle must have a valid document certifying their right to drive. A document certifying the right to drive is a provisional driving licence, a driving licence, a driving licence with the limited right to drive specified in § 95 of this Act, an international driving licence issued by a foreign competent authority along with an internal driving licence or, in the events provided by a statute, a document substituting a driving licence. A person may hold only one valid document certifying their right to drive.

(2) The right to drive is established by the motor register or a document specified in subsection 1 of this section. The data of the motor register are relied on where, according to the data of the motor register, the right to drive of the driver of a motor vehicle has suspended, has been suspended or, as a penalty, has been withdrawn in accordance with law.

(3) A driving licence is not required for driving a pedestrian-controlled motor vehicle. Driving a motor vehicle that has a driver’s seat is not considered pedestrian-controlled driving.

(4) A duly filled-in learner’s form along with authorisation to travel on roads certifies the right of a learner-driver to drive a motor vehicle during a driving lesson on the conditions specified in subsection 1 of § 109 of this Act and a learner’s form or learner’s certificate certifies the right of a learner-driver to drive a motor vehicle during driving practice on the conditions specified in subsection 2.

(5) The right of an examinee to drive a motor vehicle during a driving test is established by the motor register or by a driving test report.

(7) At the time of formalisation of a provisional driving licence and a driving licence, but no later than ten working days from passing a respective examination or from the day following the submission of a request to exchange the driving licence, the person may, upon existence of a valid right to drive, to drive a motor vehicle without a document certifying the right to drive only in Estonia. The right to drive a motor vehicle is proven based on the data of the motor register.

(8) The forms, technical specifications and the list of data entered on driving licences, international driving licences, temporary driving licences, driving licences with the limited right to drive, provisional licences specified in subsection 1 of this section and of the documents certifying the right to drive specified in subsections 4 to 6 of this section are established by a regulation of the minister in charge of the policy sector.

(9) A state fee is payable for issuing or replacing a driving licence.

§ 97. Terms of driving licences

(1) [Omitted from this text.]

(2) A provisional driving licence is valid for up to two years.

(3) A driving licence with the limited right to drive a motor vehicle of category B is valid until the owner of the driving licence becomes 18 years old.

(4) A driving licence with the limited right to drive a motor vehicle of category T whose maximum mass with or without a trailer does not exceed 8000 kilograms is valid until the owner of the driving licence reaches 16 years of age.

(5) A temporary driving licence is valid for up to two months.

(6) An international driving licence is valid for up to three years.

(7) A driving licence for motor vehicles of categories AM, A, B and T and subcategories A1, A2 and B1 and combinations of vehicles of category BE is valid for ten years.

(8) A driving licence for motor vehicles of categories C and D and subcategories C1 and D1 and combinations of vehicles of categories CE, DE, C1E and D1E is valid for five years.

(9) Where, in addition to any category listed in subsection 7 of this section, holds the right to drive a motor vehicle of category C or D or subcategory C1 or D1 or a combination of vehicles of category CE or DE or subcategory C1E or D1E, the Transport Administration has the right to issue a driving licence for ten years on the condition that the category and subcategory specified in subsection 8 of this section are indicated on the driving licence with a term of validity of five years.

§ 98. Issue, replacement and revocation of provisional driving licence and driving licence

(1) Provisional driving licences and driving licences are issued, replaced and revoked by the Transport Administration.

(1¹) The provisional driving licence and the driving licence is issued to a person or replaced for a person whose permanent residence is in Estonia. The requirement of the permanent residence in Estonia is not applied upon issuing a driving licence to a person holding a driving licence specified in subsection 5 of § 99 of this Act.

(2) Provisional driving licences and driving licences are issued within ten working days as of the day after which the respective test was passed or an application for replacement of the driving licence was submitted.

(3) A provisional driving licence and a driving licences is not issued to a person whom no right to driver has been granted or whose right to drive has been suspended or withdrawn in accordance with § 125 of this Act or whose right to drive has been withdrawn by a competent authority of a Member State of the European Union, the European Economic Area or the Swiss Confederation and the respective final decision has been forwarded to the Transport Administration. The first driving licence is not issued to a person whom the right to drive is not granted in accordance with subsection 1 of § 106 of this Act.

(4) Where an applicant for a provisional driving licence does not collect their provisional driving licence within 12 months as of the date of commencement of validity of the provisional driving licence, a new provisional licence is issued only where the person successfully passes the theory test and driving test required for obtaining the right to drive.

(5) Where the holder of a provisional driving licence does not obtain a full driving licence for the respective category of motor vehicle or combination of vehicles within 12 months as of the expiry of the provisional driving licence, they must re-apply for a provisional driving licence and successfully pass the theory test and driving test required for obtaining the provisional driving licence.

(6) A provisional driving licence and driving licence is revoked:

1) upon revocation of the right to drive;

2) where the driving licence has been lost, damaged or stolen;

3) where the person has given false information when applying for the provisional driving licence or the driving licence or has obtained the provisional driving licence or the driving licence by fraud;

4) where a new driving licence has been issued to the person;

5) where a foreign driving licence has been issued to the person;

6) where the person has not surrendered the driving licence and there are grounds in accordance with subsection 2 of § 128 of this Act to revoke the driving licence; or

7) where the person has not collected it within 12 months as of the date on which the grounds for the issue of the provisional driving licence arose.

§ 100. General requirements for granting right to drive motor vehicle

(1) The right to drive a motor vehicle is granted to a person whose permanent residence is in Estonia or who can prove that they have studied in Estonia for at least six months, whose age and state of health comply with the requirements in force and who has obtained the qualifications of a motor vehicle driver. The permanent residence requirement is not applied upon granting the right to drive to persons specified in subsection 5 of § 99 of this Act.

(2) For the purposes of this Act, permanent residence means a place where a person usually lives at least 185 days in each calendar year because of personal or occupational ties or, where there are no occupational ties, in connection with personal ties that indicate a considerable relationship between the person and their place of residence. Where a person's occupational and personal ties are in different places and they consecutively live in different places located in the Member States of the European Union, the place related to their personal ties is deemed as their permanent residence where the person regularly returns to it. The permanent residence is proven by the data of the population register. The person is required to prove that they permanently reside in Estonia.

(3) In order to obtain the qualification of a motor vehicle driver, the applicant for the right to drive must complete the training prescribed on the basis of subsection 6 of this section and the first aid training prescribed in accordance with subsection 8 of this section and successfully pass a theory test and driving test in accordance with the procedure prescribed in subsection 7 of this section. A theory test is not required in the events specified in subsection 2 of § 107 and subsection 3 of § 107 of this Act for upgrading from driving a lower-category motorcycle to driving a higher-category motorcycle, when the right to drive is granted after a successful completion of the driving test.

(4) The Transport Administration organises theory tests and driving tests, approves examination results and grants the right to drive motor vehicles.

(5) The requirements for the knowledge, skills and behaviour of drivers of motor vehicles are established by a regulation of the minister in charge of the policy sector.

(6) The conditions of and procedure for training drivers of motor vehicles, including curricula, are established by a regulation of the minister in charge of the policy sector.

(7) The procedure for testing drivers of motor vehicles and granting the right to drive and requirements for driving test vehicles are established by a regulation of the minister in charge of the policy sector.

(8) Requirements for first aid training and first aid testing of drivers of motor vehicles, for the first-aid teaching aids and curriculum are established by a regulation of the minister in charge of the policy sector.

(9) A state fee must be paid for testing a motor vehicle driver.

§ 101. Medical examination of driver of motor vehicle and applicant for right to drive

(1) The state of health of a motor vehicle driver and applicant for the right to drive must comply with the medical requirements established in accordance with subsection 10 of this section. Compliance with the medical requirements is proven by a medical certificate issued by the person who carried out the medical examination.

(2) An applicant for the right to drive must, no sooner than six months before the start of driver training, pass a medical examination and a motor vehicle driver must regularly pass a medical examination in the course of which the state of health of the person undergoing the medical examination and their suitability to drive a motor vehicle is determined.

(3) A motor vehicle driver must, in the case of a driving licence specified in subsection 7 of § 97 of this Act, undergo a medical examination once every ten years or, in the case of a driving licence specified in subsection 8 of § 97 of this Act, once every five years upon replacing the driving licence or upon arrival of the next medical examination date. Where the date of the next medical examination arrives up to six months before the date of expiry of the driving licence, the medical examination must be undergone not later than on the date of expiry of the driving licence.

(4) A medical examination must be undergone once in every five years by:

1) a driver of motor vehicles of categories A, B and BE and their subcategories who is over 65 years of age;

2) a driver of tractors and mobile machinery of category T, a driver of taxis of category B, a driver of emergency vehicles of category A and B, and a driving instructor.

(5) By a decision made by the person conducting the medical examination and depending on the state of health of the motor vehicle driver, the driver may have to pass a medical examination more frequently than specified in subsections 3 and 4 of this section.

(6) In events other than those specified in subsections 2 to 5 of this section, a motor vehicle driver must pass a medical examination:

1) where they are in a state of health that is hazardous to road safety as established in accordance with § 70 of this Act and they have been removed from driving a vehicle in accordance with § 91 of this Act;

2) at the request of a medical doctor where it is determined in the course of a medical examination that the driver’s state of health does not comply with the established medical requirements.

(7) The person who conducts a medical examination may determine, where necessary, a special condition of the right to drive, on the basis of the state of health of the motor vehicle driver and the applicant for right to drive. A special condition of the right to drive means that due to the person’s state of health, the driving of motor vehicles is allowed where a special requirement or restriction is followed.

(8) Upon arrival of the due date for the next medical examination of a motor vehicle driver, the driver’s right to drive motor vehicles is suspended where no new valid medical certificate has been issued to the driver via the health information system or the driver fails to submit a new valid medical certificate to the Transport Administration by the due date at the latest.

(9) Thirty days before the due date for the next medical examination, the Transport Administration sends to the mobile telephone number or electronic mail address given by the power-drive vehicle driver a message that the driver’s right to drive is suspended on the due date for the next medical examination, unless a new valid medical certificate has been issued to the driver via the health information system or the driver submits a new valid medical certificate to the Transport Administration by the due date at the latest in accordance with the procedure set out in subsection 2 of § 102 of this Act.

(9¹) The form of the doctor’s decision specified in clause 2 of subsection 2 of § 30 and clause 3 of subsection 6 of § 33 of this Act is established by a regulation of the minister in charge of the policy sector.

(10) The medical examination conditions and health requirements for drivers of motor vehicles and applicants for the right to drive motor vehicles, including medical contraindications whereby the driving of motor vehicles is prohibited are established by a regulation of the Government of the Republic.

(11) A motor vehicle driver must undergo an additional medical examination where, according to the valid medical certificate issued on the conditions of and in accordance with the procedure established on the basis of subsection 3 of § 4² of the Health Services Organisation Act, the driver has been diagnosed with an absolute medical contraindication whereby the driving of motor vehicles is not permitted.

§ 102. Medical examination

(1) The medical examination of drivers of and applicants for the right to drive motor vehicles of categories A, B, BE, C, CE, D and DE and their subcategories, tractors and mobile machinery of category T, taxis of category B, and emergency vehicles of categories A, B and C and is carried out by a family doctor, occupational health doctor or by a traffic medicine committee established by a health service provider (hereinafter traffic medicine committee). In the Defence Forces, medical examination may be carried out by a doctor operating on the basis of a specialised medical care authorisation.

(3) The traffic medicine committee comprises at least three doctors: an optometrist, a neurologist and an internist. The internist may be replaced by a family doctor or occupational health doctor in the committee.

(4) The health service provider that issued the certificate forwards the data of the medical certificate of a motor vehicle driver and those of an applicant for the right to drive to the Transport Administration electronically on the conditions of and in accordance with the procedure established on the basis of subsection 2 of § 59² of the Health Services Organisation Act or submits the medical certificate of the applicant for the medical certificate to the Transport Administration on paper.

(5) The cost of medical examination referred to in subsection 2 of § 101 of this Act is paid for by the applicant for the right to drive or the motor vehicle driver. The cost of the medical examination may be paid for by an employer.

(6) Administrative supervision over the medical examination of applicants for the right to drive and drivers of motor vehicles is exercised by the Health Board in accordance with the procedure provided for in the Health Services Organisation Act.

§ 103. Minimum age of driver

(1) Depending on their age, a person may be granted the right to drive the following categories of motor vehicles, except in the events of the limited right to drive specified in § 95 of this Act:

1) 14 years of age – motor vehicles of category AM;

2) 16 years of age – motor vehicles of subcategory A1 and B1 and motor vehicles of category T where the maximum mass with or without a trailer does not exceed 18,000 kilograms;

3) [Omitted from this text.]

4) 20 years of age – motor vehicles of category A where the person has previously been granted the right to drive motor vehicles of subcategory A2 for at least two years;

5) [Omitted from this text.]

6) 24 years of age – motor vehicles of category A, except in the event specified in clause 4, and motor vehicles of category D;

7) 18 years of age – motor vehicles of category B; motor vehicles of subcategory A2 or C1 and motor vehicles of category T whose maximum mass with or without a trailer exceeds 18,000 kilograms;

8) 21 years of age – three-wheeled motor vehicles of category A with symmetrically arranged wheels and engine power above 15 kW; motor vehicles of category C or subcategory D1.

(2) Driving lessons and driving practice specified in subsections 1 ad 2 of § 109 of this Act are permitted with the following minimum age limit and categories of motor vehicles:

1) 14.5 years of age – motor vehicle of category T where the maximum mass with or without a trailer does not exceed 18,000 kilograms;

2) 15.5 years of age – motor vehicles of category B and subcategories A1 and B1;

3) 17 years of age – motor vehicles of subcategory C1;

4) 17.5 years of age – motor vehicles of category T where the maximum mass with or without a trailer exceeds 18,000 kilograms.

(3) In the event specified in subsection 3 of § 104 of this Act, the person may engage in driving practice related to obtaining the right to drive where the person is at least 17 years and six months old.

§ 104. Exceptional circumstances for granting right to drive

(1) On the proposal of the management of an organisation representing Estonia in the Federation Internationale de l’Automobile, the right to drive motor vehicles of category B may be granted to an internationally licensed motor racing driver of 17 years of age, whose participation in international competitions requires a driving licence and who holds the limited right to drive motor vehicles of category B.

(2) A person who has the right to drive motor vehicles of category B specified in subsection 1 of this section may, until they attain 18 years of age, drive a car on the conditions specified in subsection 2 of § 95 of this Act.

(3) By way of exception, a person who is at least 18 years of age and who holds the right to drive motor vehicles of at least category B and has completed a 280-hour course of occupational training provided by the Road Transport Act, or who already has the qualification of a driver in any category of the right to drive and has completed a 70-hour course of occupational training in order to obtain the qualification in an additional category may be granted:

1) the right to drive motor vehicles of category C and combinations of vehicles of category CE;

2) the right to drive motor vehicles of subcategory D1 and combinations of vehicles of subcategory D1E;

3) the right to drive motor vehicles of category D and combinations of vehicles of category DE that provide local regular services for the purposes of the Public Transport Act for the purpose of operating routes of less than 50 kilometres.

(3¹) By way of exception, the right to drive motor vehicles of category D and combinations of vehicles of category DE may be granted to a person who is at least 21 years of age and who:

1) holds the right to drive motor vehicles of at least category B and has completed a 280-hour course of occupational training provided by the Road Transport Act or

2) has the qualification of a driver in any category of the right to drive in accordance with the Road Transport Act and has completed a 70-hour course of occupational training in order to obtain the qualification of a driver of vehicles of category D or DE.

(3²) By way of exception, the right to drive motor vehicles of subcategory D1 and combinations of vehicles of subcategory D1E and the right to drive motor vehicles of category D and combinations of vehicles of category DE that provide local regular services for the purposes of the Public Transport Act for the purpose of operating routes of less than 50 kilometres may be granted to a person who is at least 21 years of age and who:

1) holds the right to drive motor vehicles of at least category B and has completed a 140-hour course of occupational training provided by the Road Transport Act or

2) has the qualification of a driver in any category of the right to drive in accordance with the Road Transport Act and has completed a 35-hour course of occupational training in order to obtain the qualification of a driver of vehicles of category D or DE.

(3³) By way of exception, the right to drive motor vehicles of category D and combinations of vehicles of category DE may be granted to a person who is at least 23 years of age and who:

1) holds the right to drive motor vehicles of at least category B and has completed a 140-hour course of occupational training provided by the Road Transport Act or

2) has the qualification of a driver in any category of the right to drive in accordance with the Road Transport Act and has completed a 35-hour course of occupational training in order to obtain the qualification of a driver of vehicles of category D or DE.

(4) Only for the performance of their conscription duties, the right to drive motor vehicles of category C and combinations of vehicles of category CE may be granted to a conscript who is at least 18 years of age, holds the right to drive motor vehicles of category B, and the right to drive motor vehicles of category D may be granted to a conscript who is at least 18 years of age and holds the right to drive motor vehicles of category C.

§ 105. Granting of right to drive moped

(1) An applicant for the right to drive a moped who is up to 15 years of age must have a written consent of their legal guardian for being granted the right to drive.

(2) The right to drive a moped is granted and the driving licence is issued to a person who has not been:

1) convicted of the misdemeanours specified in §§ 201, 223, 224, 226, subsections 2 to 4 of § 227, §§ 234, 236 or 237 of this Act; or

2) penalised for a traffic offence specified in Chapter 23 of the Penal Code; or

3) repeatedly convicted of misdemeanours specified in chapter 15 of this Act, except the offences specified in clause 1 of this subsection.

(3) In order to be granted the right to drive a moped, persons who were 16–17 years of age at the time when this Act entered into force must pass only the theory test.

§ 106. Granting of right to drive car and motorcycle

(1) The right to drive a car and a motorcycle is granted and a provisional driving licence is issued to a person who:

1) has not previously held the right to drive a car or a motorcycle; or

2) has the right to drive a motorcycle or a tractor and also wishes to obtain the right to drive a car; and

3) has not been convicted or the misdemeanours specified in §§ 201, 223, 224, 226, subsections 2 to 4 of § 227, §§ 234, 236 or 237 of this Act; or

4) has not been convicted of a traffic offence specified in Chapter 23 of the Penal Code; or

5) has not been repeatedly convicted of the misdemeanours specified in chapter 15 of this Act, except the offences specified in clause 3 of this subsection.

(1¹) The right to drive a car and a motorcycle is not granted and a provisional driving licence is not issued to a person whom the administrative court allows for denying the granting of the right or issuing of the licence on the basis of an application specified in subsection 5 of § 33¹ or subsection 5 of § 71¹ of the Military Service Act. The Transport Administration terminates the ban once the circumstances for the denial have lapsed and the Defence Resources Agency or the Defence Forces have informed the Transport Administration thereof and it does not follow otherwise from an order of the administrative court.

(2) After the test results have been officially registered and until a provisional driving licence is obtained, but for not longer than ten days as of passing the test, the right holder’s right to drive motor vehicles is proven on the basis of the data of the motor register.

(3) A car that is driven by a person who holds a provisional driving licence or a driver referred to in subsection 2 of this section, must display a novice driver’s badge on the front and at the rear of the vehicle in a visible position.

(4) Where a person who holds a provisional driving licence has acquired the necessary skills and completed the final stage of training and in the last 12 months has not been penalised for a violation of the traffic rules, they obtain a driving licence without having to take the tests.

(5) Where a person who holds a provisional driving licence has a penalty in force for a violation of the traffic rules, they obtain a driving licence after they have successfully passed the theory test.

(6) Where a person who holds a provisional driving licence has been penalised by withdrawing the right to drive a motor vehicle, their right to drive a motor vehicle and the provisional driving licence issued to them are revoked. Where a person has been granted the right to drive a motor vehicle in some category before the first issue of a provisional driving licence, the right to drive these motor vehicles of these categories is not revoked. The right to drive a motor vehicle and a new provisional driving licence may be applied for after completing follow-up training and a successful passing of the theory test and driving test.

(7) A person who holds the right to drive and the right to drive motor vehicles of category B and also wishes to obtain the right to drive a motor vehicle of another category, the right to drive is transferred in accordance with the procedure established by § 107 of this Act, and a driving licence is issued to them.

(8) The training of drivers, their testing and granting them the right to drive in the course of vocational training takes place in one phase and after the tests have been successfully passed, the person is granted a driving licence in accordance with the procedure established by subsection 7 of § 100 of this Act.

§ 107. Granting right to drive upon simultaneous application for right to drive motor vehicle of category A, subcategories A1 and A2, category B, subcategory B1, category B and subcategory C1

(1) Where the right to drive a motor vehicle of subcategory A1 or A2 is granted for the first time, the person is granted a provisional driving licence also where they have previously been granted a provisional driving licence for driving a motor vehicle of category B or category B with subcategory C1. A provisional driving licence is granted with the same term of validity as marked on the previous provisional driving licence.

(2) The right to drive a motor vehicle of category A is granted to a person who holds a driving licence for driving a car of any category or who has held the right to drive a motor vehicle of subcategory A2 for at least two years.

(3) The right to drive a motor vehicle of subcategory A2 may also be granted to a person who holds a provisional driving licence or a driving licence for driving a motor vehicle of any category or who holds the right to drive a motor vehicle of subcategory A1.

(4) Where the right to drive a motor vehicle of category B or subcategory B1 or, simultaneously, category B and subcategory C1 is granted for the first time, the person is granted a provisional driving licence, except in the event specified in subsection 5 of this section.

(5) Where an applicant who applies for the right to drive a motor vehicle of category B or simultaneously the right to drive a motor vehicle of category B and subcategory C1 has previously been granted the right to drive motor vehicles of category C or D, they are granted a driving licence.

§ 108. Granting right to drive motor vehicle of categories C, D and T, and subcategories C1 and D1, and combination of vehicles and combination of tractors

(1) The right to drive a motor vehicle of category C and subcategory D1 may be granted to a person who has held the right to drive a motor vehicle of category B for at least one year.

(2) The right to drive a motor vehicle of category D may be granted to a person who has held the right to drive a motor vehicle of category B for at least two years.

(3) The period of holding a driving licence specified in subsections 1 and 2 of this section excludes the period of holding a provisional driving licence for a motor vehicle of category B and a driving licence with the limited right to drive.

(4) The right to drive a motor vehicle of subcategory C1 may be granted to a person together with the right to drive a motor vehicle of category B or to a person who has the right to drive a motor vehicle of category B.

(5) The right to drive a combination of vehicles of subcategory BE, CE or DE and subcategory C1E or D1E may be granted to a person who holds the right to drive a traction unit of the respective category.

(6) The right to drive a motor vehicle of categories C and D and a combination of vehicles of category CE may be granted to a person together with granting the right to drive a motor vehicle of category B or to a person who has the right to drive a motor vehicle of category B, where the right to drive is necessary in connection with conducting a vocational training course, in accordance with the Road Transport Act. Where, in accordance with the Road Transport Act, it is necessary to conduct a vocational training course, the person may, after passing the final test and having been granted the right to drive a motor vehicle of category B or, once such the right to drive has been granted, without delay apply for the right to drive a motor vehicle of categories C and D and a combination of vehicles of category CE.

(7) The right to drive a motor vehicle and a combination of vehicles in the categories listed in this section must not be granted to a person who holds a provisional driving licence for a motor vehicle of category B.

(8) In order to be granted the right to drive a motor vehicle and a combination of tractors of category T, a person who holds the right to drive a motor vehicle of categories C or D or subcategories C1 or D1 must only pass the driving test.

§ 109. Driving motor vehicle during driving lesson and driving practice

(1) A person who takes a training course for driving a motor vehicle or has completed the training course or restores the right to drive may drive a motor vehicle during a driving lesson in the presence of a driving instructor.

(2) For practicing driving, a learner-driver who undergoes or has completed a training course for driving a motor vehicle, may drive a motor vehicle in the presence of another person (hereinafter personal driving supervisor) provided that the following conditions are met:

1) the personal driving supervisor has held a driving licence for the respective category of a motor vehicle for at least five years. The period of holding a provisional driving licence is included in the period of holding a driving licence;

2) the personal driving supervisor has no penalty in force for driving a motor vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream or for violating traffic requirements for which the penalty provided by this Act is the withdrawal of right to drive motor vehicles or for which the right to drive has been withdrawn, taking into account the terms for deletion of conviction data specified in § 24 of the Criminal Records Database Act;

3) the personal driving supervisor has obtained the right to instruct from the Transport Administration, meets the terms and conditions specified in clauses 1 and 2 of this subsection and the right to instruct is certified on the basis of the data of the motor register;

4) the personal driving supervisor is allowed to instruct the driving practice of a person whose name is marked on the personal driving supervisor’s certificate or entered in the motor register.

(2¹) The instructor of a motor vehicle driver specified in subsection 1 and a personal driving supervisor specified in subsection 2 must not be in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream during a driving lesson or driving practice. The state of intoxication specified in this subsection or the exceeding of the maximum permitted level specified in subsection 3 of § 69 of this Act is identified in accordance with the procedure provided for in the Law Enforcement Act.

(3) A person who holds a certificate of a driving instructor may also be a personal driving supervisor.

(3¹) The personal driving supervisor must hold a valid personal driving supervisor’s certificate. The personal driving supervisor’s certificate is issued by the Transport Administration for a term of 12 months.

(4) A personal driving supervisor’s certificate is not granted to a person who holds a provisional driving licence.

(5) Where a learner-driver specified in subsection 2 of this section is younger than 18 years of age, only their legal guardian may be the personal driving supervisor.

(6) A motor vehicle, truck, bus and combination of vehicles used for driving practice and a motor vehicle used for the purposes of obtaining driving practice must display a sign of a vehicle for driving practice visible from the front and from the back.

(7) The procedure for issuing personal driving supervisor certificates and the form of the certificate are established by a regulation of the minister in charge of the policy sector.

(8) A state fee must be paid for the issue of a personal driving supervisor certificate.

§ 110. Driving motor vehicle during driving test

(1) The document that serves as the basis for driving a motor vehicle during a driving test is the driving test report drawn up in the name of the examinee by the Transport Administration.

(2) A driving test report is prepared after the theory test is passed, but before the driving test. The driving test report may be on paper or electronic.

(3) An applicant for a provisional driving licence must not take the driving test earlier than three months before attaining the age specified in subsection 1 of § 103 of this Act.

§ 111. Licence obligation

(1) An activity licence is required for providing driver training.

(2) The provisions of this Act and of the General Part of the Economic Activities Code Act, which regulate application for an activity licence or authorisation, the reviewing of an application, the revocation of an authorisation or an activity licence, notification of a change of data as well as waiver of economic activities also apply to persons and bodies organising the training of drivers of motor vehicles who are not undertakings for the purposes of subsection 1 of § 5 of the General Part of the Economic Activities Code Act, insofar as the special characteristics thereof provide otherwise.

§ 112. Object of inspection of activity licence

(1) An activity licence is granted where the applicant has:

1) study premises (buildings, furnishings and other property) or the possibility to use such premises;

2) a practice area or the possibility to use a practice area;

3) vehicles for driving practice, which comply with the requirements provided by a statute or the possibility to use such vehicles;

4) instructors who comply with the requirements set out in subsection 1 of § 118 of this Act and first aid instructors of drivers of motor vehicles who comply with the requirements set out in § 119;

5) training plans and training documentation for the category being taught, which comply with the requirements set out in subsections 6 ad 8 of § 100 of this Act;

6) the methodological and audiovisual teaching aids and accessories that are specified in the training plans;

7) first aid teaching aids specified in the training plans.

(2) The requirements for teaching aids, practice areas and vehicles for driving practice of the driver training provider are established by the minister in charge of the policy sector.

§ 113. Application for activity licence

(1) An application for an activity licence is reviewed by the Ministry of Education and Research. The fulfilment of the requirements that form a part of the object of inspection of an activity licence specified in subsection 1 of § 112 of this Act is identified by the Transport Administration in a preliminary administrative decision based on the documents specified in clauses 2 to 7 of subsection 2 of this section.

(1¹) An application for an authorisation or activity licence is submitted to the Ministry of Education and Research via the Estonian Education Information System.

(2) In addition to the information required in the General Part of the Economic Activities Code Act, an application for an activity licence must contain the following data and documents:

1) an application for an education licence;

2) documents certifying the existence of the premises, practice area and vehicles for driving practice provided for in clauses 1 to 3 of subsection 1 of § 112 of this Act or the right to use them;

3) the training plan and training documentation specified in clause 5 of subsection 1 of § 112 of this Act;

4) the list of audiovisual teaching aids specified in clause 6 of subsection 1 of § 112 of this Act;

5) the list of teaching aids specified in clause 7 of subsection 1 of § 112 of this Act;

6) data about the compliance of the driving instructors with the requirements of § 118 of this Act and written consents for being employed;

7) data about the compliance of the first aid instructors of drivers of motor vehicles with the requirements of § 119 of this Act and written consents for being employed.

(2¹) The Ministry of Education and Research reviews the application for an authorisation or activity licence within three months as of the submission of the data and documents specified in subsection 2 of this section. The term for reviewing an application commences upon submission of all the required data and documents.

(2²) The time limit specified in subsection 2¹ of this document is suspended where the Transport Administration gives the applicant a term for the elimination of the deficiencies. The time limit continues to run after the expiry of the closing date for the elimination of the deficiencies.

(3) The details of the activity licence are entered in the Estonian Education Information System.

§ 115. Individual driver training

Individual driver training of a motor vehicle driver may be provided under the supervision of a training provider holding a licence specified in § 111 of this Act in accordance with the procedure established on the basis of subsection 6 of § 100 of this Act.

§ 116. State and administrative supervision over training of drivers of motor vehicles

(1) State and administrative supervision over training of drivers of motor vehicles is exercised by:

1) the Ministry of Education and Research;

2) the Transport Administration that exercises supervision over the fulfilment of the requirements specified in subsections 6 and 8 of § 100 and § 112 of this Act, with the right to involve, where necessary, officials of the Health Board in exercising state and administrative supervision over the first aid training of drivers of motor vehicles.

(2) Upon exercising state and administrative supervision, the official exercising it has the right to demand that the person who is entitled to provide driver training and the person who actually provides driver training submit relevant documents, data and explanations, and to examine the organisation of training and to attend the training process.

(3) A law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

§ 117. Requirements for training driving instructors

The training of instructors of drivers of motor vehicles is provided by an institution of professional higher education or a university.

§ 118. Requirements for driving instructor

(1) A driving instructor must meet the following requirements:

1) be at least 21 years of age;

2) comply, for the purposes of the Professions Act, with the requirements for Level 6 of the qualifications framework;

3) have held a driving licence certifying the right to drive motor vehicles in the respective category for at least three years, except providers of training for drivers of motor vehicles of category AM who must have right to drive motor vehicles of category A;

4) meet the qualification requirements for driving instructors;

5) have no penalties in force for driving a motor vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream or for violating traffic requirements for which the penalty provided by this act is the withdrawal of right to drive motor vehicles or for which the right to drive has been withdrawn, taking into account the terms for deletion of conviction data specified in § 24 of the Criminal Records Database Act;

6) must not be convicted for an intentionally committed criminal offence, given the time limits of deletion of conviction data specified in § 24 of the Criminal Records Database Act.

(2) The time of holding a driving licence specified in clause 3 of subsection 1 of this section includes the time of holding a provisional driving licence. A certificate of an instructor is not issued to the holder of a provisional driving licence.

(3) An application for the right to train drivers of motor vehicles of categories A, C and D may be submitted by a person who has a right to train drivers of motor vehicles of category B.

(4) Drivers of motor vehicles of category AM may be trained by a driving instructor who has the right to train drivers of motor vehicles of category A.

(5) A driving instructor whose state of health no longer allows them to drive a motor vehicle of the category being trained, but who has held the right and experience to drive this motor vehicle for at least three years, may continue training the drivers of motor vehicles of this category as an instructor of traffic theory.

(6) Where a driving instructor has been removed from driving a motor vehicle or their right to drive a motor vehicle has been suspended, the driving instructor’s right to train motor vehicle drivers is suspended until the ground for the suspension lapses.

(7) Qualifications requirements for instructors of drivers of motor vehicles, requirements for training instructors and organising instructor training and the requirements for the national curriculum are established by a regulation of the minister in charge of the policy sector.

(8) A person who has acquired foreign professional qualifications may act as an instructor of drivers of motor vehicles where their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Transport Administration.

§ 119. Requirements for first aid instructors of drivers of motor vehicles

First aid instructors of drivers of motor vehicles must be registered as health care professionals in the health care organisation information system.

§ 120. Certificate of right to provide driver training

(1) The Transport Administration, for a term of five years, issues to persons who apply for the certificate and comply with the requirements provided in § 118 of this Act a certificate of the right to provide driver training.

(2) A certificate of the right to provide driver training is revoked where:

1) the right to drive is revoked in accordance with § 126 of this Act;

2) the certificate has been obtained by fraud;

3) the certificate has been falsified;

4) the driving instructor has been penalised for the violations specified in clauses 5 and 6 of subsection 1 of § 118 of this Act;

5) false information was given upon application for the certificate;

6) the certificate is lost, damaged or has become unusable;

7) the holder of the certificate is dead; or

8) a new certificate is issued.

(3) A certificate that was lost, destroyed or has become unusable and that certifies the right to provide driver training is replaced by a new certificate where the applicant for the certificate complies with the requirements specified in § 118 of this Act.

(4) The procedure for application, issue and revocation of certificates of the right to provide driver training is established by a regulation of the minister in charge of the policy sector.

(5) A state fee must be paid for the issue of a document certifying the right to provide driver training.

§ 121. State and administrative supervision over driving instructor training

(1) State and administrative supervision over the training of driving instructors of motor vehicles is exercised by:

1) the Ministry of Education and Research;

2) the Transport Administration that supervises the fulfilment of the requirements specified in subsection 1 of § 118.

(2) Upon exercising state and administrative supervision, the official exercising it has the right to demand that the person who is entitled to provide training and the person who actually provides training submit relevant documents, data and explanations, and to examine the organisation of training and to attend the training process.

(3) Where the driving instructor training does not comply with the requirements provided in this Act or in legislation enacted under this Act, the person exercising supervision specified in subsection 1 of this section is entitled to make a precept to the training provider to rectify the deficiencies and improve the training activity. Until compliance with the precept, the person exercising state supervision may suspend the training activity of the training provider and prohibit the registration of new training groups.

(4) Upon failure to comply with a precept specified in subsection 3 of this section, the person exercising state supervision may impose a non-compliance levy in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act. The maximum non-compliance levy payable by a natural person is 1300 euros and the maximum non-compliance levy payable by a legal person is 6400 euros.

(5) A law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

§ 122. Requirements for examiners of drivers of motor vehicles and certificates of examiners of drivers of motor vehicles

(1) An examiner of drivers of motor vehicles must meet the following requirements:

1) be at least 25 years old;

2) comply, for the purposes of the Professions Act, with the requirements for Level 5 of the qualifications framework;

3) hold a valid right to drive motor vehicles of the category that is being examined for at least five years along with a category B driving licence or have the right to drive motor vehicles of the category that is being examined and have worked as an examiner of category B drivers for at least three years;

4) have no penalties in force for driving a motor vehicle in a state of intoxication or in a state exceeding the maximum permitted level of alcohol in the bloodstream or for violating traffic requirements for which the penalty provided by this act is the withdrawal of right to drive motor vehicles or for which the right to drive has been withdrawn, taking into account the terms for deletion of conviction data specified in § 24 of the Criminal Records Database Act;

5) must not be convicted for an intentionally committed criminal offence, given the time limits of deletion of conviction data specified in § 24 of the Criminal Records Database Act;

6) have passed examiner training organised by the Transport Administration;

7) hold a valid certificate issued by the Transport Administration to examiners of drivers of motor vehicles.

(2) The time of holding a driving licence includes the time of holding a provisional driving licence. An examiner certificate is not issued to the holder of a provisional driving licence.

(2¹) The person who organises a motor vehicle driver examination must not engage in providing driving instruction at the driver training provider.

(3) The certificate of an examiner of drivers of motor vehicles is revoked where:

1) the certificate has been obtained by fraud or in a similar manner;

2) the examiner has been penalised for the violations specified in clauses 4 and 5 of subsection 1 of this section, taking into account the terms for deletion of conviction data specified in § 24 of the Criminal Records Database Act;

3) false information was given upon application for the certificate;

4) the certificate is lost, damaged, stolen or has become unusable;

5) the holder of the certificate is dead; or

6) a new certificate is issued.

(4) The right for testing is suspended where the examiner does not comply with the established qualification requirements.

(5) Requirements for the examiners of drivers of motor vehicles and the procedure for training and issuing and revoking certificates of examiners of drivers of motor vehicles are established by a regulation of the minister in charge of the policy sector.

(6) A person who has acquired foreign professional qualifications may act as an examiner of drivers of motor vehicles where their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Transport Administration.

§ 123. Administrative supervision over examiner training

(1) Administrative supervision over the training of examiners is exercised by the Transport Administration.

(2) Upon exercising administrative supervision, the official has the right to demand that the person who has the right to provide training and the person who directly provides training submit relevant documents, data and explanations, and to study the organisation of training and to attend the training process.

§ 124. Suspension of right to drive motor vehicles

(1) Suspension of the right to drive motor vehicles means that a person is temporarily prohibited to drive motor vehicles.

(3) A person’s right to drive motor vehicles is suspended where:

1) the term of validity of their driving licence has expired;

2) the due date for passing the next medical examination of the motor vehicle driver has arrived.

(3¹) Where the right to drive motor vehicles of categories C and D and subcategories C1 and D1 or combinations of vehicles of categories CE and DE and subcategories C1E and D1E is indicated on the driving licence with a term of validity of five years, the right to drive motor vehicles of categories C and D and subcategories C1 and D1 or combinations of vehicles of categories CE and DE and subcategories C1E and D1E is suspended upon expiry of the term of validity indicated on the driving licence.

(4) The Transport Administration suspends a person’s right to drive motor vehicles where their state of health does not meet the health requirements established on the basis of subsection 10 of § 101 of this Act.

(4¹) A person’s right to drive motor vehicles is suspended by the court on the basis of clause 2 of subsection 1 of § 177² of the Code of Enforcement Procedure. The right to drive is deemed as suspended as of the entry into force of the court order.

(4²) The Transport Administration suspends the right to drive a motor vehicle where the administrative court has, based on an application provided for in subsection 5 of § 33¹ or subsection 5 of § 71¹ of the Military Service Act, granted the permission to suspend the right to drive a motor vehicle. Where no additional data is needed, the Transport Administration makes a decision based on data gathered by hearing the Defence Resources Agency, the Defence Forces or by having the person concerned heard by the administrative court.

(5) A decision to suspend the right to drive must set out the following:

1) the date and place of making the decision;

2) the given name, surname and position of the person who made the decision and the name and address of the agency;

3) the given name, surname and residence of the motor vehicle driver;

4) the basis of and the term for suspension of the right to drive;

5) the signature of the person who drew up the decision.

(6) In the events specified in subsection 3 of this section, the right to drive motor vehicles is suspended on the day following the expiration date of the driving licence or the health certificate or the due date of passing the next medical examination.

(7) In the events provided for in subsection 4 of this section, the Transport Administration draws up a decision to suspend the right to drive, issuing it in two copies, one of which, without delay after the signature of the decision, is given to the person against signature on the other copy of the decision or sent by registered mail to the address of residence registered in the population register or another known address of residence. The right to drive motor vehicles is suspended upon delivery of the decision to the person.

(8) The Transport Administration delivers the decision specified in subsection 4² by registered mail with advice of delivery to the person’s address specified in the population register, another address known to the Transport Administration or to the person’s electronic mail address or hands it over to the person against the signing of a notice. The Transport Administration may publish a decision in the official publication Ametlikud Teadaanded where the decision cannot be delivered in any other way. A decision is deemed as delivered in public when ten days have passed from the day of publishing it in official publication Ametlikud Teadaanded or when the person confirms the receipt of the notice in the information system of Ametlikud Teadaanded.

§ 125. Withdrawal of right to drive motor vehicles

(1) Withdrawal of the right to drive is the principal or a supplementary penalty imposed by the court or an extra-judicial body for an offence relating the violation of the requirements of this Act or legislation issued on the basis thereof, which entails the prohibition to drive a vehicle.

(2) A penalty imposed on a person residing in Estonia by the court or an extra-judicial body of a Member State of the European Union or the European Economic Area or the Swiss Confederation, which entails the prohibition to drive vehicle, is also considered withdrawal of the right to drive. In Estonia, the starting point of enforcement of a decision that has entered into force is the entry of the decision in the motor register.

§ 126. Revocation of right to drive motor vehicles

(1) The right to drive motor vehicles is revoked where the person has obtained the right to drive by fraudulent means or where the person’s driving licence was issued on the basis of a document containing falsified or false information. A decision to revoke the right to drive is made by the Transport Administration.