Article 135⁵ of the Administrative Offences Code of Georgia establishes administrative liability for carrying out tourist activity for the purpose of viewing cultural heritage objects, and for special regular passenger carriage, in breach of the route approved by the representative body of the Tbilisi municipality. In the capital the routes are approved by the municipal representative body, and their breach exposes both physical and legal persons to a fine. On this page we describe in detail what this article covers, what fine applies, when a surcharge is charged, and how to protect yourself from liability.
Tourist activity for viewing cultural heritage objects
Under the first part of the article, the movement within the administrative boundaries of Tbilisi of a bus (of category M 2 or M 3) owned by a physical or legal person carrying out tourist activity for the purpose of viewing cultural heritage objects, or of any other vehicle carrying out the same activity, in breach of the route approved by the representative body of the Tbilisi municipality, entails a fine of 100 GEL. This means that operators of tourist tours who work in the historic districts of the capital by bus or other transport are obliged to follow the approved route exactly. Any unilateral deviation from the route — whether to take a shortcut or for any other reason — already constitutes an administrative offence under this provision. The rule helps protect the historic urban environment from chaotic tourist traffic.
Special regular passenger carriage
The second part of the article governs special regular carriage — the regular carriage of employed persons, schoolchildren and students within the administrative boundaries of Tbilisi. Where such carriage is carried out with a bus of category M 2 or M 3 owned by a physical or legal person, and the movement takes place in breach of the route approved by the representative body, this entails a fine of 100 GEL. Transport organised by schools, universities and companies falls precisely under this norm, so any change connected with the route must correspond to the approved document. Drivers should be instructed in advance about the exact route, because liability does not depend on the reason for the deviation.
Who is liable and what an approved route means
The subject of liability under this article is any physical or legal person carrying out the respective activity. In the case of tourist activity this is the owner of the bus or other vehicle used for viewing cultural heritage objects in Tbilisi; in the case of special regular carriage it is the organiser of the regular transport of employed persons, schoolchildren and students. An approved route is the route officially approved by the representative body of the Tbilisi municipality, and it is against that document that compliance is assessed. Under the article, the reason for the deviation from the route is irrelevant: whether it was caused by the driver's initiative, a technical problem or the absence of instructions, the act remains an administrative offence. Monitoring compliance with the route is therefore an internal matter of the organisation, and its written rules must be clearly communicated to the drivers.
Payment of the fine and the surcharge
A note to the article determines the consequences of non-payment: after the expiry of the period determined by the Code for the voluntary payment of the fine, a person who commits an offence under this article is charged a surcharge of 500 GEL. If the fine and the surcharge remain unpaid within 30 days of the surcharge, measures to secure the payment of the fine and the surcharge are taken against the offender in the manner established by Georgian legislation. In practical terms this means that a delayed payment increases a 100 GEL fine by a further 500 GEL, so reacting immediately upon receipt of the ticket is the cheapest way out. For companies operating regular transport, an internal control system for timely payment of fines is a sensible precaution.
How to avoid liability
To avoid the fine provided for by Article 135⁵, organisers of carriage are advised to observe the following:
- follow only the route approved by the representative body and do not change it at your own discretion;
- where a change to the route is necessary, first obtain the relevant approval;
- inform the drivers of the approved route and monitor its observance;
- on receiving a fine ticket, pay it within the voluntary payment period to avoid the 500 GEL surcharge;
- in disputed situations, consult a lawyer.
Conclusion
Article 135⁵ prescribes the same fine for both cases — tourist activity and special regular carriage: a breach of the approved route is punished with a 100 GEL fine, and a fine left unpaid within the period entails a further 500 GEL surcharge. Observing the route is a simple rule that spares both physical and legal persons a significant expense. If a fine has been imposed on you under this article, or you wish to assess a route-related situation, the specialists at Legal.ge will help you analyse the case precisely.