Article 120 of the Administrative Offences Code of Georgia establishes administrative liability for breaches of the rules on fitting a special loudspeaker, light or audible device on a vehicle, and for the misuse of such devices. Special signals are intended for the vehicles of operational and special services, and their unlawful fitting or use misleads other participants in road traffic. On this page we describe in detail what Article 120 covers, in which cases fines and confiscation are prescribed, and what consequences follow from the non-payment of a fine within the established time limits.
Unlawful fitting of a special device and repeat commission
Under the first part of the article, fitting a special flashing signal and/or an audible signal and/or a special loudspeaker on a vehicle, or using a colour scheme designated for the vehicles of operational or special services, in breach of the rules determined by the Minister of Internal Affairs of Georgia, entails a fine of 2 000 GEL, together with the confiscation of the special flashing signal and the audible signal and/or the special loudspeaker. A repeated commission of this offence within one year is punished more severely — with a fine of 2 500 GEL. It is important that, under a note to the article, a special light device is considered unlawfully fitted even where it is placed on the vehicle or in its saloon, in a place visible to other road users, in breach of the rules — whether or not it is in working condition.
Misuse and obstruction of unimpeded passage
The second part of the article establishes liability for the misuse of a special device mentioned in the first part, or for a breach of the rules on the unimpeded passage of a vehicle equipped with such a device. Such conduct entails a fine of 30 GEL. According to a note to the article, the use of a special loudspeaker, light or audible device is considered misuse where it is not connected with the performance of a duty arising from the designation of an operational or special vehicle. In other words, even a lawfully fitted device may not be used for private convenience: its use must be linked to the performance of the official duty for which the device exists.
Fitting a flashing signal of another colour to mislead road users
A separate norm addresses the situation where, in order to mislead a participant in road traffic, a flashing signal of any colour other than the colour determined by Georgian legislation is fitted on a vehicle. Such conduct entails a fine of 2 000 GEL, together with the confiscation of the flashing signal. A repeated commission of this offence within one year entails a fine of 2 500 GEL, again together with the confiscation of the flashing signal. The essence of this norm is that road users must not be misled into believing that a vehicle of an operational or special service is moving among them when it is not.
Obstructing a vehicle moving with a special signal
The article also regulates liability for obstructing the movement of a vehicle travelling with a special signal. Obstructing the movement of a vehicle on which a special signal is activated (other than an orange or yellow flashing special signal), or which is performing an escort or is being towed, entails a fine of 100 GEL; obstructing the movement of an emergency medical, fire-rescue or police vehicle bearing the appropriate identification marks, on which a special signal is activated, entails a fine of 300 GEL. Where an offence under these parts is followed by light damage to a vehicle, cargo, road or other structure, other property or the human body, the offender is fined 700 GEL. These graduated sanctions reflect the particular danger of delaying vehicles that are rushing to save lives or property.
Consequences of non-payment of the fine
A note to the article sets out severe consequences for non-payment. After the expiry of the time limit 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 double the amount of the fine, but not more than 500 GEL; and if the fine or the surcharge remains unpaid within the further time limit, the fine is replaced by suspension of the right to drive a vehicle for 6 months. At the same time, payment of the fine, or the replacement of the fine by suspension of the driving right, does not release the person from paying the surcharge. It is also established that where the authorised person does not issue a fine ticket at the scene and the fact of the offence is recorded on video and/or photo, the fine is paid under the special procedure determined by the Code.
Conclusion
Article 120 creates a clear, multi-tiered system of sanctions: unlawful fitting of a special device is punished with a 2 000 GEL fine together with confiscation, and on repeat commission — with a 2 500 GEL fine; misuse of such a device — with a 30 GEL fine; obstructing a vehicle moving with a special signal — with a 100 GEL fine; obstructing an ambulance, fire-rescue or police vehicle — with a 300 GEL fine; and obstruction that results in damage — with a 700 GEL fine. If you need an assessment of the lawfulness of a fine imposed under this article or of the legal regime of the surcharge, the specialists at Legal.ge will help you analyse your case precisely.