Article 119² of the Administrative Offences Code of Georgia establishes administrative liability for driving a vehicle with visible exhaust emissions that do not comply with the norms established by Georgian legislation, and for evading or refusing the roadside inspection of such emissions. The norm applies within the municipalities of Tbilisi, Batumi, Kutaisi and Rustavi, and its purpose is to protect air quality in the country's largest cities. On this page we describe in detail what Article 119² covers, what fines are prescribed by its individual parts, how the sanction escalates on repeat commission, and how a person can avoid or escape liability under this provision.
What Article 119² regulates
Under the first part of the article, driving a vehicle with visible emissions that do not meet the norms established under Georgian legislation, or evading or refusing the inspection of those emissions in the manner prescribed by law, entails a fine of 100 GEL imposed on the driver. Two circumstances are important here. First, the provision concerns visible — that is, observable — exhaust emissions; the roadside inspection serves precisely to determine whether such emissions comply with the established norm. Second, liability arises both for driving a non-compliant vehicle and for evading or refusing the inspection itself. The rule applies on the territory of the municipalities of Tbilisi, Batumi, Kutaisi and Rustavi, so drivers of visibly smoking vehicles in these cities must expect to be stopped and asked to undergo a check.
Liability for handing the vehicle over to another person
The second part of the article addresses the situation where a vehicle with visible non-compliant emissions is handed over to another person for driving, for operation, or is admitted into operation, where it will be driven in the municipalities listed above. For such conduct a physical person is fined 100 GEL, while a legal entity is fined 500 GEL. This means that liability does not attach to the driver alone: the person who gives a technically defective vehicle to someone else to drive, or allows it to be used, also answers under this article. For companies operating vehicle fleets, taxi services and car rental businesses this creates a direct financial incentive to keep their vehicles in proper technical condition.
Repeat commission and the escalation of fines
The article uses a strict escalation system for repeated breaches. If a person who has already been penalised under the first or the second part commits an act defined by those parts again, and 15 days have passed since the penalty was imposed, the fine rises to 300 GEL for a physical person and to 1 500 GEL for a legal entity. If the breach is repeated yet again after a penalty imposed on such an escalated basis, and 15 days have again passed since that last penalty, the fine increases further: 600 GEL for a physical person and 3 000 GEL for a legal entity. At the same time, a note to the article protects offenders from immediate re-punishment: a person on whom any penalty under this article has been imposed cannot be subjected to a new administrative penalty under this article for 15 days from the imposition of that penalty.
Release from liability through inspection
The article contains an important exception: a person is released from liability under this article if, within 2 hours of the detection of the respective offence, the vehicle undergoes an inspection at an accredited inspection centre provided for by the Law of Georgia on Road Traffic, and the inspection establishes that the vehicle's emissions comply with the norm established by Georgian legislation. The inspection must be arranged and paid for by the driver, holder and/or owner of the vehicle. In practical terms this means that a visible emission detected during a roadside check must be objectively confirmed at an accredited centre, and if the result is favourable the person is released from liability. Keeping the vehicle technically sound and being able to reach an accredited centre quickly are therefore the driver's best protection.
Payment of the fine and the surcharge
A note to the article provides that if the fine is not paid within the period prescribed by the Code for voluntary payment, the offender is charged a surcharge equal to the amount of the fine; and if the fine and the surcharge remain unpaid within 30 days of the surcharge, measures to secure payment of the fine and the surcharge will be taken against the offender in the manner established by Georgian legislation. It is also established that where a fine ticket is not issued at the scene, it is sent to the offender at the place of registration and is served and enforced in the prescribed manner. The emission norm and the procedure for the roadside inspection of visible emissions are determined by the Government of Georgia.
Conclusion
Article 119² creates an escalating system of sanctions for driving a vehicle with visible non-compliant exhaust emissions and for refusing an emissions check: the driver's first fine is 100 GEL; for handing over such a vehicle a legal entity is fined 500 GEL; on repeat commission the fine rises to 300 GEL for physical persons and 600 GEL as the escalation continues, and to 1 500 GEL and then 3 000 GEL for legal entities. The 2-hour accredited-inspection mechanism offers a lawful way to avoid liability where the vehicle is actually compliant. If you need to assess your situation under this article, the specialists at Legal.ge will help you both with evaluating the lawfulness of a fine and with analysing the legal effect of an inspection result.