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Azərbaycan Beynəlxalq Avtomobil Daşıyıcıları (ABADA) İctimai Birliyi
Azərbaycan Respublikası Ədliyyə Nazirliyi Hüquqi Şəxslərin Dövlət Qeydiyyatı üzrə Bakı Bölgə Şöbəsində 16 sentyabr 2004-cü il tarixdə dövlət qeydiyyatına alınmışdır.

ŞƏHADƏTNAMƏ: 0104-P72-40981
 BRIEF DESCRIPTION OF ADVERTISING ON TRANSPORT VEHICLES, STREETS AND ROADS.



        ALIEV E.A.,
        Candidate of Law Sciences


        Advertising on transport vehicles, streets and roads widely developed on territory of the Republic of Azerbaijan the last years. It may be observed in the contemporary period that advertising has become one of the prior activities of physical persons and legal entities. I would therefore like to comment on the essence of advertising in the order to describe the technical safety requirements to advertising on road-street network and on transport vehicles and on various aspects of such activities.
        The relations proceeding from trading activities of physical persons and legal entities; production, placement and distribution of advertisements on labor and service markets are regulated in the Law of the Republic of Azerbaijan "On Advertisement", international conventions, treaties and agreements supported by the Republic of Azerbaijan and other legislative acts. It is stipulated in article 4 of the Law "On Advertisement" that the terms of international agreements are considered superior in cases when the rules of international documents are differing from the Law regulations.
        Advertisement means public note or announcement used to form and preserve interest to physical persons and legal entities, products, ideas and innovations; to promote the sale of products, implementation of ideas and innovations. In other words, advertising means distribution of advertising information.
        Advertising clients, producers and distributors as well as advertising agencies involved in purposeful activities in this direction are considered the subjects of advertising activities. The advertisement carriers are the objects, irrespective of the form of ownership, that are used for direct delivery of advertisements to consumers. Mass media, publishing products, stationary and mobile technical devices and other equipments, including means of transport and networks of roads and streets are related to system of such objects.
        The rules of "Permission of advertisement distribution" approved by decree № 596 of 3 November 2001 of the President of the Republic of Azerbaijan are of the greatest importance for regulation of advertising activities and execution of state control in this field.
        These rules are fixing the regulations for permitting the placing of advertisements in streets and advertisement boards of cities, villages and other living settlements, permitting the distribution of advertisements on roads and road zones, transport vehicles and postal parcels.
        The rules of placing advertisements in streets, special conditions and other problems are reflected in article 15 of the Law "On Advertisement" and clause 2 of the regulations.
        The objects used for direct delivery of commercial advertisements to consumers from streets of cities and villages, crossroads, bridges and viaducts, underground passages, metro stations and other places irrespective of the form of ownership, are related to carriers of outdoor advertisements.
        The text of such public announcements must appear in Azeri language. Advertisements in foreign language may only appear as the second text.
        In cities, inhabited areas and on other territories outdoor advertisements may be placed only with consent of relevant executive power bodies.
        The basic conditions stipulated by the Regulations for placing outdoor advertisements are particularly the following:
        — outdoor advertisements must not resemble road signs and have negative impact on safety on the roads;
        — outdoor advertisements must not reduce vision zones;
        — must not blind drivers of transport vehicles with their lights;
        — must be placed in such a way that pedestrians would not have to enter into the road to see them.
        The regulations provide for prohibiting of placing outdoor advertisements that complicate real assessment of road conditions, advertisement that resemble road signs or create an image of presence of transport vehicles, pedestrians or animals on the road.
        It is very important to comment on the problem of road traffic security provisions in process of placing outdoor advertisements. For instance, it is prohibited to place outdoor advertisements closer than 2 meters away from road sides near cities, outdoor advertisements with the bottom edge closer than 2 meters away from the ground surface on crossroads and in the same plane with traffic lights and road signs.
        Moreover, it is very important from the point of technical security that subjects of advertising activities observe the following rules in process of placement the outdoor advertisements:
        — the distance between outdoor advertisement board and pavement may not be less than 1 meter;
        — the distance between outdoor advertisement board and road surface may not be less than 2.5 meters, light poles - 4 meters. The minimum distance is 4.5 meters in occasion of installation on traffic lanes.
        — only officially produced illumination devices that completely correspond to electric and fire safety requirements may be used for illumination of outdoor advertisements. The illumination device must be safely installed at the outdoor advertisement construction to be able to stand the pressure of wind, snow and vibration.
        The application of traffic regulation devices and efficient servicing of motor roads and streets is another important condition for placement of outdoor advertisements.
        General principles and conditions of placing outdoor advertisements on roads and roadside zones are described in clause 3 of the Regulations.
        The permission on distribution of advertisements on roads and roadside zones is given by state company of the Republic of Azerbaijan "Azeravtoyol" in the order stipulated by the Regulations. Outdoor advertisements placed on roads and roadside zones must meet the following major requirements of traffic security:
        — to not be connected with and to not resemble road signs, to not reduce vision zones;
        — to not be placed in distance of less than 350 meters away from railroad crossings, tunnels and viaducts;
        — total area of occupation may not exceed 48 sq. meters on motor roads with posted speed limit of 60 km/hour;
        — advertisement banners must be placed at the minimum distance of 1.5 banner's height;
        — equipment with illumination and fire-fighting systems;
        — road traffic security and efficiency must be taken into consideration when placing outdoor advertisements;
        — must be placed at the distance of 4 meters above road surface, advertisement banner top - 6 meters, etc.
        Advertisement banners may be placed along the road as road services indicators. They must be 1000 mm wide and 1500 mm high with yellow background. Inscriptions may not be placed in one line with road signs.
        Advertisement signs must be illuminated or made of light reflecting materials.
        The specific nature of placing advertisements on transportation means, obtaining the corresponding permit and limitation of advertisement distribution for purposes of road traffic security provision are regulated by article 16 of the Law "On advertisement" and clause 4 of the Regulations.
        Advertisements may be placed on transportation means in accordance with agreements concluded with the owners of transportation means after consent of the Head Department of State Road Police under the Interior Ministry of the Republic of Azerbaijan has been obtained. Besides, special technical requirements and norms have been specified for transportation means that advertisements are placed on. As seen from the essence of these requirements and norms, only transportation means that passed through the corresponding state registration on territory of the Republic of Azerbaijan, transportation means in good technical order and meeting the proper requirements to the exterior appearance may be used as carriers of advertisement banners. At the same time, advertisements are permitted to be placed on the following parts on motor cars from the point of road traffic security:
        — doors (except for back doors) and wing rears of motor cars and mini buses;
        — on back and rear parts of tram, trolley-bus and bus trunks up to the window pane;
       
        — back and rear parts of trunks of trucks, vans (except for those with white line on the board), harnesses and semi-harnesses;
       — on fuel tank or instrument box of motorcycles. However, the legislation keeps the focus on the problem of road traffic security provisions in the process of advertising and specified cases when advertising on transportation means is restricted.
        Thus, the exiting norms prohibit placing of advertisement boards, banners, illuminating tables and other similar outdoor advertisements on transportation means as well as to change over 50% of transport vehicle colour for advertising purposes.
        It is prohibited to place advertisements in the front of transportation means and on specialized transportation means. When advertisement is placed on covered transportation means, the advertisement may not exceed 60% of the total area. A company emblem, phone numbers, logotypes and addresses may be shown in the back of transportation means. In this occasion, the advertisement may not cover more than 40% of total area of the back of transportation vehicle. Advertisements placed on transportation means must be put in a frame drawn with colour that forms a contrast with dominant colour of the transport vehicle, the frame line may not exceed 50% area used for advertising purposes. It is prohibited to place advertisements in places where they may cover state registration or state identification signs, on illumination devices and windows, as well as to install additional exterior illumination devices for advertising purposes.
        Special motor cars bearing colour design in accordance with the state standards may not be used for advertising purposes. Nor is it permitted to place advertisements that look similar to colour design, images and other features of specialized transportation means. Blinding lacquer colours and light reflecting materials may not be used in advertisements placed on means of transportation.
        The period that transport vehicle carries an advertisement for, is specified in the agreement between advertiser and transport vehicle owner.
        The standard words "Azerbaycan poctu" (Post of Azerbaijan) are placed on motor cars belonging to communication enterprises and involved into postal services in accordance with the rules of "Use of transportation means in postal services in the Republic of Azerbaijan" approved by decree 90 of the Cabinet of Ministers of the Republic of Azerbaijan on 20 April 1998. The corresponding special notes are made to state registration certificate of such transport vehicles by the State Road Police institutions. These vehicles are permitted to drive through places where traffic or parking is prohibited, provided that the corresponding permit certificate was issued by SRP.
        The Interior Ministry of the Republic of Azerbaijan has approved the instructions "On distribution of advertisements with transportation means" (30 December 2001) to regulate the rules of permitting the distribution of advertisements with transportation means and provide road traffic security.
        The following documents must be submitted by physical persons and legal entities to the Head Department of the State Road Police under the Interior Ministry of the Azerbaijan Republic in order to obtain the permit for placing advertisements on transportation means:
        1. Application for obtaining the permit.
        The application must contain the following:
        — for legal entities - name of legal entity, organizational-legislative form, legal address;
        — for physical persons - name, patronymic, last name, information about identification document (series, number, date of issue and issuing organization, address, place of work);
        2. Copy of the document on establishment of enterprise;
        3. Copy of the certificate of state registration of the enterprise;
        4. Copy of the certificate on registration of physical persons involved in business activities, at taxation institutions;
        5. Copy of the document with advertiser composed and witnessed in accordance with the existing legislation;
        Note: - the agreement is not required when advertiser himself is distributing advertisements and owns the transportation means.
        6. Registration certificate of transportation vehicle and its copy;
        7. The corresponding SRP act on technical safety and proper exterior appearance of transport vehicles for carrying advertisement banners;
        8. Text of advertisement, drawing or scheme to be placed on transport vehicle;
        9. The list of state registration signs of transport vehicles that advertisements are going to be put on;
        10. Document on transfer of the corresponding application fee.
        The application form and documents needed to obtain the permit are submitted to Head Department of the State Road Police under Interior Ministry of the Azerbaijan Republic. The Head Department examines the application and decides on issue of such permit within the period of 30 days if no reasons for rejection can be found.
        The permit issued to legal entities and physical persons is considered invalid when legal entity is cancelled or when the certificate issued to physical persons involved in business activities, are becoming invalid.
        The permit is issued repeatedly in the due order in cases when the document is lost, when legal entity passes re-registration or when information about physical person involved into business activities is changed.
        Article 25 of the Law "On Advertisement" provides for state control and self-control over advertising activities on the territory of the Republic of Azerbaijan.
        Self-control over advertising activities is executed by professional societies, unions and associations in the order stipulated by advertising legislation.
        The corresponding executive institution (Economic Development Ministry) executing state control over advertising activities within its plenary power has the right to prevent distribution of advertisements that fall short of the Law "On Advertisement" by physical persons and legal entities, take the corresponding measures in cases of legal offences and to apply to the court as plaintiff.
        In accordance with the above-mentioned instructions, the control over placement of advertisements on transportation means is executed by employees of the State Road Police under the Interior Ministry of the Republic of Azerbaijan in the following cases:
        — when transportation means are passing state registration, repeated registration or are written off the books;
        — during annual technical examination of transportation means;
       — in process of SRP control over traffic on motor roads and implementation of various measures related to road traffic security provisions.
       The following are considered plenary powers of the Head Department of State Road Police under the Interior Ministry of the Republic of Azerbaijan:
        a) to give a proper notification to advertisers in cases when distribution of advertisements must be prevented and require that advertiser removes the advertisement within a fixed period;
        b) to order the corresponding persons to eliminate cases when advertising rules are offended, submit the materials on stopping or cancellation of advertising campaign ahead of time to the advertiser when necessary, and to revoke the permit issued t advertiser.
        It is very important that distribution of advertisements on transportation means without the proper consent of the Head Department of State Road Police under the Interior Ministry of the Republic of Azerbaijan is considered an administrative offence. When such cases are uncovered, SRP inspector submits an administrative protocol to driver of transport vehicle. The transport vehicle is allowed to further participate in the traffic only after the shortcomings were eliminated and administrative penalty was put on state officers and drivers who offended the advertising rules.
        It is therefore may be concluded that specification of the corresponding technical requirements and regulation norms related to placing outdoor advertisements on transportation means, streets and roads in the single normative-legislative acts, and provision of road traffic security in process of advertising activities, are important conditions.
       
        Source: INTERNATIONAL LEGAL REGUALATION OF
        TRAFFIC AND NATIONAL LEGISLATION.
        Baki, "Huquq Edebiyyati" publishing house, 2003.

MÜNDƏRİCAT

Актуальные вопросы транспортного права
Ali Məhkəmə Plenumunun qərarları
 
The chairman of scientific council


PAŞAYEV A.M.

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