25%

Order 86: Traffic Code

From Wikisource
Jump to navigation Jump to search
Order 86: Traffic Code
L. Paul Bremer, Coalition Provisional Authority
229270Order 86: Traffic CodeL. Paul Bremer, Coalition Provisional Authority

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 86

TRAFFIC CODE

Pursuant to my authority as the Administrator of the Coalition Provisional
Authority (CPA), under the laws and usages of war, and consistent with relevant
UN Security Council resolutions including Resolutions 1483 and 1511 (2003),

Having worked closely with the Baghdad General Directorate of Traffic to ensure
that an updated traffic code addresses the motor vehicle related issues of Iraq,

Noting the substantial increase in traffic since the end of the war, in particular in
Baghdad, and the absence of an enforceable traffic code since the fall of the regime
of Saddam Hussein,

Recognizing the CPA’s obligation to maintain law and order, and to provide for the
effective administration of the laws of Iraq,

Determined to provide traffic officials with the tools necessary to deal with traffic
problems, motor vehicle registration and motor vehicle licensing, and

Determined further to eliminate corruption engrained in the traffic law enforcement
system under the previous regime, and protect the rights of all motor vehicle
owners and operators,

I hereby promulgate the following:

Section 1
Definitions


1) “Motor Vehicle” or “Vehicle” means a form of transportation which has
wheels and is powered by a mechanical engine or physical power or is
dragged by any means. For the purposes of this order the term vehicle does
not include trains or any vehicles that operate on a railway. The term
vehicle shall include the following:

a) “Car” means a vehicle used for transportation powered by a mechanical
engine;

b) “Private car” means a vehicle used for transporting persons without
charge or fees;

c) “Public car” means a vehicle used for transporting persons in return for a
charge or fees;

CPA/ORD/19 May 2004/86


d) “Truck” means a vehicle used for transporting people along with cargo
and goods, including pick-up trucks;

e) “Agricultural vehicle” means a vehicle used for agricultural purposes and
powered by a mechanical engine, such as tractors, harvest machines, etc;

f) “Construction vehicle” means a vehicle used for construction purposes
and powered by a mechanical engine such as a road paver, crane, etc;

g) “Motorcycle” means a two or three wheeled vehicle powered by a
mechanical engine of 125 cc or more not designed in the form of a car;

h) “Bicycle” means a vehicle with two or three wheels designed to be
operated by human power and not by a mechanical engine; not to include
children’s bicycle. Any vehicle powered by a mechanical engine of less
than 125 cc but with the size, design and form of a bicycle shall be
considered a bicycle for the purpose of this section;

i) “Wagon” means a vehicle used for transporting persons or goods which
is dragged by a human or an animal; and

j) “Trailer” means a dragged vehicle with no mechanical engine designed
for loading or carrying cargo, goods, or anything else. It may be
separated from or attached to a vehicle powered by a mechanical engine
and dragged.

2) “Driver” means any person who drives a vehicle and possesses a driver’s
license.

3) “Driver’s license” means a certificate for driving a vehicle which is issued
by a registration officer.

4) “Database for driver’s licenses” means the system which is used to record
all proceeding concerning driver’s licenses.

5) “Registration Officer” means the Director General of Traffic or his/her
agents and/or designees.

6) “Registration Database” means the system used to record all matters
concerning the registration of vehicles.

7) “Registration Certificate” means the certificate which is issued by the
registration officer to the vehicle owner and which shall contain, at a
minimum, the following information:

a) motor vehicle registration number and type of the vehicle;

CPA/ORD/19 May 2004/86


b) name and address of the owner of the vehicle;

c) chassis number;

d) engine number;

e) color;

f) date of issuance;

g) expiration date;

h) number of passengers and cargo;

i) model.

8) “Registration Plate” means a metal plate carrying information that
distinguishes a vehicle from other vehicles.

9) “Traffic police officer” means an internal security policeman who carries
the rank of lieutenant or higher authorized by the Minister of Interior or
his/her designee to enforce the provisions of this code.

10) “Road” means any area, paved or unpaved that is designed or ordinarily
used for vehicular and pedestrian travel as further defined in
Section 14 of this Code. May be divided into multiple lanes for traffic to
travel in the same direction or in the opposite direction.

11) “Shoulder” means that area immediately next to the side of a road.

12) “Emergence lane” or “Breakdown lane” means a part of the road on both
sides that may be paved or unpaved. It is not more than 2.5 meters wide to
permit vehicles to stop or park to allow passengers to enter or exit the
vehicle. It the road is paved, it shall be separated from the road by a
straight line to indicate the edge of the road. It is used ordinarily on
highways.

13) “Lane” means one section of a road that is divided into two or more lanes
permitting travel in opposite directions. Lanes are designated by either
broken or unbroken lines.

14) “Passage” means a part of a lane designed to permit vehicles to proceed in
one column. The lane usually has three passages. In some conditions these
passages increase and decrease according to the kind of road. These
passages are:

CPA/ORD/19 May 2004/86


a) Left passage: Designed for traffic traveling at the maximum speed
allowed by law, turning, or passing to the left side by emergency
vehicles;

b) Middle passage: Designed for traffic traveling between the minimum
and maximum speeds allowed by law; and

c) Right passage: Designed for traffic traveling at minimum speed allowed
by law, right turns, where authorized, and parking.

d) Emergence passage or Breakdown lane: Farthest most left or right
passage of the highway separated from traffic movement by connected
lines designed for emergency parking. (Based on #12 definition.)

15) “U-turn lane” means the part of the road designed and authorized for
turning through the median to the opposite side.

16) “Intersections of roads” means where two or more roads intersect.

17) “Parking” means stopping a vehicle for a limited period of time due to
traffic conditions or for purposes of allowing passengers to enter, exit, or
load or unload cargo as permitted by traffic signs, markings or signals.

18) “Maneuver” means the movement required to drive the car and choose the
appropriate lane.

19) “Traffic priority” or right of way means vehicles must yield to the vehicle
assigned priority as stated in Section 17.

Section 2
Production and Classification of Driver’s Licenses

1) Any individual who is driving will carry the driver’s license issued to that
person. Upon demand of a traffic police officer, a person who is driving a
vehicle shall produce the driver’s license to that person.

2) Driver’s licenses will be classified according to the type of vehicle to be
driven. Those classifications will be established by the Minister of Interior.
A driver is permitted to drive only those vehicles covered by his/her license
classification.

Section 3
Driver’s License Eligibility Criteria

1) A driver’s license shall be granted to any person who meets all of the
following criteria:

CPA/ORD/19 May 2004/86


a) The person must have completed his/her sixteenth year of age to drive a
motorcycle, eighteenth year of age for all private vehicles, and twenty
first year of age to drive public cars and trucks;

b) The person must not be prohibited legally from driving a vehicle;

c) The person must be of good physical fitness. The person’s fitness for
driving must be approved by a medical committee according to
regulations issued by the Ministry of Health, Baghdad; and

d) The person must pass a test on vehicle driving and traffic rules according
to the type of driver’s license for which the person has applied.

2) A traffic police shall revoke a driver’s license from a driver who does not
meet the conditions stipulated in paragraphs 1b) and c) of this section.

3) When renewing a license, the conditions mentioned in paragraphs 1b) and
c) of this article must be taken in consideration.

4) A person who is not a citizen of Iraq may be granted a private driver’s
license according to the provisions of paragraph 1 of this article on the
condition that he/she is residing legally in Iraq in compliance with his/her
residence documents.

5) A driver’s license issued and valid in any other country shall be considered
valid in Iraq according to the principle of reciprocity.

6) The period of validity for a driver’s license is five years.

Section 4
Exemptions

1) Accredited diplomatic and consular staff, upon presentation of an
international driver’s license or a valid driver’s license issued by his/her
country or origin to the Ministry of Foreign Affairs, will receive
authorization to drive in Iraq.

2) Members of the Multinational Force, their contractors and employees
carrying a valid operator’s license from another nation will not be required
to acquire an Iraqi operator’s license or present their operator’s license to
the Minister of the Interior.

CPA/ORD/19 May 2004/86


Section 5
Vehicle Registration

1) All vehicles must be registered with the registration office except wagons
and bicycles, or those exempted by special law.

2) No vehicle will be issued a registration certificate unless an inspection
document is presented indicating that the vehicle was inspected at an
authorized inspection facility and it meets safety qualifications.

3) When transferring the ownership of a vehicle to another person, the
previous owner and the new owner or their legal representative must appear
before the registration officer to inform him/her of the transfer. The
previous owner and the new owner must pay transfer fees. The registration
officer shall record the transfer in the registration record.

4) The Minister of Interior or his/her designee may authorize the transfer of a
vehicle registration for humanitarian reasons in order to certify the transfer
of the vehicle ownership.

5) The registration record (computerized or other) shall be presumptive
evidence of the ownership of a vehicle.

6) The judiciary shall be competent to settle disputes concerning the
ownership of vehicles.

7) A vehicle sale shall not be valid unless the vehicle is registered at the
competent registration office in accordance with paragraph 3) of this section
or unless otherwise exempted by law.

8) The period of validity of the vehicle registration is five years.

Section 6
Driver’s License and Registration Fees

The Ministry of Interior Directorate of Traffic will establish fees for issuing
and renewing driver’s licenses and vehicle registrations. These fees are set out
in Annex A to this Traffic Code.

Section 7
Exemptions from Vehicle Registration Fees

1) The following vehicles owners are exempt from paying vehicle registration
fees:

CPA/ORD/19 May 2004/86


a) Vehicles that belong to the Government, or official or semi-official
departments;

b) Vehicles owned by accredited diplomatic and counsular staff according
to the principle of reciprocity;

c) Vehicles owned by charitable organizations and organizations which are
considered to be a public interest as determined by the Minister of
Interior of his/her designee;

d) Vehicles owned by international organizations with an exemption
certificate issued by the Ministry of Foreign Affairs;


e) Vehicles that enter Iraq by Trip Ticket or pass note issued in accordance
with customs laws permitting the person and vehicle to stay in Iraq for a
designated period of time. Vehicles permitted to enter Iraq under this
section must obtain a permission document from a registration officer;
and

f) Vehicles operated by Multinational Forces, their contractors and
employees.


Section 8
Changing Color or Classification of Vehicle Registration

1) A vehicle owner must obtain approval from the registration officer if he/she
intends to change the vehicle’s color.

2) A vehicle owner may request a change in the classification of a vehicle
from private to public or from public to private by presenting a request to
the registration officer and obtaining an amended registration certificate.

3) The Minister of Interior or his/her designee may establish additional rules
and regulations to facilitate vehicle registration.

Section 9
De-Registration

1) If a person elects not to renew a driver’s license or if the vehicle owner
elects not to renew the registration certificate, the person must inform the
registration officer and return the driver’s license or registration certificate
so that it may be cancelled and recorded. A driver’s license or registration
certificate so that it may be cancelled and recorded. A driver’s license or
registration that has been cancelled cannot be renewed. Operation of an
unregistered vehicle is prohibited.

CPA/ORD/19 May 2004/86


2) In the event of the death of a person who was issued a driver’s license,
his/her heirs must notify a registration officer of the person’s death and
return the driver’s license.

Section 10
Discretion of the Minister of Interior to Alter Fees

The Minister of Interior in coordination with the Minister of Finance may
increase or decrease fees and fines as reasonable and necessary, and according
to economic conditions.

Section 11
Use of Proceeds from Fees

Half of the revenue from license fees, registration fees, and fines stipulated in
this law shall be allocated to the budget of the Ministry of Interior to be used
for expenditures related to traffic safety. The remaining fifty percent of the
revenue shall be allocated to the general revenues of the Ministry of Finance.

Section 12
Unregistered Vehicles

Unregistered vehicles shall not be driven, except those exempted under this
Code or other law, treaty or this order. If a vehicle is unregistered, the traffic
police officer shall seize the vehicle until it is registered and the owner shall
pay all expenses. If the owner is not able to prove the date of entrance into Iraq
the vehicle shall be referred to customs.

Section 13
Safety Standards

1) Traffic police officers shall stop and inspect a vehicle, in accordance with
applicable laws and regulations, when the vehicle does not meet safety
standards.

2) Vehicles – The following equipment on vehicles must meet or exceed
minimum safety standards:

a) Engine;

b) Steering – must be located on the vehicle’s left side, unless exempted;

c) Lights – front, rear, reverse, hazard, and turn signals;

d) Horn – shall be factory installed or equivalent;

CPA/ORD/19 May 2004/86


e) Exhaust system;
f) Brakes;
g) Mirrors – side and rearview;
h) Windshield;
i) Registration plate illumination or reflective plates; and
j) Shatterproof glass on windows and windshield.


3) Motorcycles – the following equipment on motorcycles must meet or
exceed minimum safety standards:
a) Engine;
b) Brakes;
c) Horn shall be factory installed or equivalent;
d) Lights: front, rear, reverse, hazard, and turn signals;
e) Exhaust system; and
f) Mirrors.

4) Agriculture, construction vehicles, and trailers – the following equipment
on agriculture and construction vehicles must meet or exceed minimum
safety standards.

a) Engine;
b) Brakes;
c) Steering; and
d) Lights: front, rear, reverse, hazard, and turn signals.


Section 14
Road Types


Iraq has the following road types:

CPA/ORD/19 May 2004/86


a) Expressway – Limited access highway composed of two or more traffic
lanes traveling in two directions designed to eliminate the principal traffic
hazards.

b) Divided highway – Road composed of two paved lanes separated by a
protective fence or other divider. Points of entrance and exit are not
designed for turn around except for emergency vehicles;

c) Secondary – Not designed for pedestrians, bicycles or any transport vehicle
traveling at less than the minimum speed limit.

d) Outside roads – Roads that link governorates.

e) Internal roads – Roads used inside a city, divided into major and minor.
Major roads are wider to allow for heavy traffic.

f)
Service roads – Roads that serve the surrounding areas and are separated
from major roads.

Section 15
Driving Regulations

All road users shall comply with the regulations set out in Annex A of this
Traffic Code.

Section 16
Regulations Pertaining to Different Road Users

Road users are divided into three categories - Pedestrians, Passengers and
Drivers. Regulations pertaining to these road users are contained in Annex A.

Section 17
Right of Way

1) Traffic priorities shall be as follows unless otherwise directed by a traffic
police officer or traffic signs:

a) Obey the signs given by traffic police officers, the traffic lights and
traffic signs on the road;

b) Moving vehicles have priority over stopped vehicles;

c) Vehicles operating on a major road have priority over vehicles operating
on a minor street;

CPA/ORD/19 May 2004/86


d) Vehicles operating on the straight portion of a road has priority over
vehicles operating on a curved portion of the road;
e) Vehicles operating in front have priority over vehicles behind it;
f) Vehicles in the intersection or crossroad have priority over vehicles
approaching the intersection of the crossroad, unless turning left;
g) At an intersection or crossroad, vehicles coming from the right have
priority;
h) Vehicles going up a gradiant have priority over vehicles descending a
gradiant;
i) Vehicles traveling in the lane or passage have priority over vehicles that
intend to move into the lane; and
j) Trains or other means moving on a railway have priority over other
vehicles.
2) Emergency vehicles have priority over all other vehicles when they are on
duty. The following are emergency vehicles:
a) ambulances;
b) fire and rescue vehicles;
c) police vehicles;
d) vehicles of the Directorate of Traffic;
e) vehicles involved in official ceremonies;
f) vehicles of members of Multinational Forces operating in accordance
with United Nations Security Council Resolutions; and
g) any vehicle being used for emergency purposes.
3) Pedestrians in a crossing zone have priority over vehicles.
4) A vehicle is not allowed to occupy two lanes of a road in which priority is
for others.

CPA/ORD/19 May 2004/86


Section 18
International Traffic Signs

The international traffic signs, including traffic signs, markings and signals as
stated in international treaties are observed by Iraq.

Section 19
Fines for Motor Vehicle Violations

The Ministry of Interior Directorate of Traffic will establish fines for motor
vehicle violations. These are contained in Annex A.

Section 20
Traffic Police Powers and Right of Appeal

1) No police officer, including traffic police officers, shall ask for or accept
money or any form of payment for any type of traffic violations. All
amounts and fines shall be paid directly to the accounts officer at the police
sector headquarters within 30 days of the date of violation.

2) Traffic police officers, as defined in section 1, paragraph 9 of this Code
shall have the authority of a misdemeanor judge in imposing punishments
for the violations that occur before him and which are stipulated in
paragraph 27 of Annex A of this Code. All other offenses, including any
for which the punishment is jail, will be referred to the appropriate court
(not the Appeal Committee).

3) In the case of a person not paying the fine within the period stipulated in
paragraph 1 of this section the fine shall be doubled for one time and
entered in the computer record of the vehicle.

4) The violating driver, upon payment of the administrative fee of five
thousand (5,000) ID, shall have the right to appeal to the Appeal Committee
formed for this purpose in the competent Traffic Department. The rules of
this Appeal Committee are to be established by the Minister of Interior.
Members of the Appeal Committee are to be appointed by the Minister of
Interior or his/her designee and shall include the following: an officer from
the Internal Affairs Division, a representative from the City Council, a
representative from the community. Appeals shall be filed within two
weeks from the date of offense. The Appeals Committee shall have the
right to adjust, to cancel or to approve the fine.

5) If the driver appears before the Appeals Committee, he/she shall be
informed by the Appeals Committee of the decision. The driver must
acknowledge receipt of the decision. If the driver does not appear before
the Appeals Committee, then he/she shall be considered informed of the

CPA/ORD/19 May 2004/86


decision by mailing to the decision to the address recorded on the driver’s

license.

6) If the driver who commits a violation according to paragraph 21 d of Annex
A of this Code drives a car that belongs to a Government office, official, or
semi-official office and fails to pay the fine within the fixed period, then a
traffic police officer shall inform his/her office to pay the fine from his/her
salary. And the amount is to be sent to the competent Traffic Directorate.

7) If the driver who commits a violation according to paragraph 21 d of Annex
A of this Code drives a car with the customs entry registration plates and
did not pay the fine during the fixed period, then the traffic police officer
shall inform the customs department in order to send the sum to the
competent Traffic Directorate.

Section 21
Unlicensed Drivers

1) A driver who drives a vehicle without having a driver license or whose
driver’s license has been cancelled, or suspended or who has a license
different from the type of vehicle he/she is driving, will be punished by a
period of incarceration of no less than one month and not to exceed six
months.

2) A person who owns a vehicle and who knows or should have known that
another person does not possess a driving license shall not permit that
person to drive his/her vehicle. A driver who violates this section will be
punished by a period of incarceration for not less than one month and not to
exceed six months or a fine of not less than one hundred thousand (100,000)
ID and not to exceed one hundred and fifty thousand (150,000) ID or both

Section 22
Impaired Driving

1) A driver who drives while under the influence of alcohol or drugs will be
punished by a period of incarceration of not less than three months and not
to exceed one year or a fine of not less than three hundred thousand
(300,000) ID and not to exceed five hundred thousand (500,000) ID, or
both, and seizure of the vehicle for one year. The driver’s license will be
revoked for not less than two months and not to exceed one year.

2) A driver who within one year from the date of sentence on a first violation
under this section commits a second violation of the provisions of
paragraph 1) of this section will be punished by a period of incarceration
not less than six months and not to exceed one year, or a fine of not less
than five hundred thousand (500,000) ID and not more than one million

CPA/ORD/19 May 2004/86


(1,000,000) ID, or both, and his/her driver’s license will be revoked for a

period of time not less than six months and not to exceed one year.

Section 23
Careless/Reckless Driving

1) A driver is guilty of negligent driving by operating a vehicle in a careless or
imprudent manner that endangers any person or property by causing serious
property damage, personal injury, or permanent disability or defect. A
driver who violates this section will be punished by a period of
incarceration not less than six months and not to exceed two years, or a fine
not less than four hundred thousand (400,000) ID and not to exceed one
million (1,000,000) ID, or both.

2) If the offense is due to reckless driving, or under the influence of alcohol or
drugs, and if the driver does not request help for any person injured as a
result of his/her actions, then the driver will be incarcerated for not less than
one year and not to exceed 3 years, or a fine not less than five hundred

(500) ID and not to exceed one million (1,000,000) ID, or both.
Section 24
Causing Death by Dangerous Driving

1) A driver who causes the death of another by driving his/her vehicle in a
careless and imprudent manner will be punished by a period of
incarceration of not less than five years and not to exceed seven years, or a
fine of not less than one million (1,000,000) ID and not to exceed one
million, five hundred thousand (1,500,000) ID, or both.

2) If a driver commits the crimes stipulated in section 22, paragraph 1 and
causes the death of one or more persons, or causes the death of a person and
causes physical illness, damage, or permanent defect to more than one
person, then the driver will be punished by a period of incarceration of not
less than seven years and not to exceed 10 years, or a fine of not less than
one million, five hundred thousand (1,500,000) ID and not to exceed three
million (3,000,000) ID, or both.

3) A driver who causes the death of another person by driving a vehicle in a
reckless and negligent manner and was under influence of alcohol, or who
flees the scene of the accident and does not notify the competent authorities
of the accident will be punished for a period of incarceration of not less than
seven years and not to exceed 10 years, or a fine of not less than three
million (3,000,000) ID and not to exceed five million (5,000,000) ID, or
both.

CPA/ORD/19 May 2004/86


4) If the offense indicated in paragraph 3 of this section caused the death of
one or more persons, or the death of one person and caused physical
damage, illness, or permanent defect to more than one person, then the
driver will be incarcerated for not less than 10 years and not to exceed 20
years, or a fine of not less than five million (5,000,000) ID and not to
exceed seven million (7,000,000) ID, or both.

Section 25
Pedestrian Crossings

1) It shall be considered an aggravating circumstance for the punishments
stipulated in sections 23 and 24 of this Code if the accident takes place in
the area of a pedestrian crossing where there are signs for crossing
pedestrians, if the driver doesn’t help the injured person by transferring him
to hospital, or if the driver leaves the scene of the accident without
permission from the traffic police officer.

2) It shall be considered extenuating circumstance for the punishments
stipulated in sections 23 and 24 of this Code if the accident takes place
outside of a pedestrian crossing area, if the driver transfers the injured
person as soon as practicable to a hospital, or if he/she informs the police
station of the accident.

Section 26
Interfering With or Assaulting Traffic Officials

1) Anyone who interferes with or threatens a traffic police officer while he/she
is performing his/her duties shall be punished by a period of incarceration
not to exceed two years.

2) Anyone who assaults a traffic police officer while he/she is performing
his/her duties shall be punished by a period of incarceration not to exceed
three years.

3) Anyone who assaults a traffic police officer while he/she is performing
his/her duties and causes a wound or injury shall be incarcerated for a term
not to exceed five years. The punishment shall not violate any other more
severe punishment stipulated in any other law.

Section 27
Suspension of Driver’s Licenses

When the court issues a conviction judgment in accordance with the provisions
of this Code, it may suspend the driving license of the convicted person for a
period of not less than one year and not to exceed three years. If the driver is

CPA/ORD/19 May 2004/86


unlicensed, then the court may prevent him/her from getting a driver’s license
for three years starting from the date of judgment or the date of the fine.

Section 28
Application of Severest Available Punishment

If any other law stipulates a more severe punishment for an act stipulated in
this law, then the more severe punishment may be applied.

Section 29
Admissible Evidence

The following evidence is admissible at trial for an offense under the Traffic
Code if the court finds it is relevant: pictures, statements and decisions taken by
means of checking and measuring the degree of intoxication, a plan for the
accident that is organized by a traffic police officer whose rank shall be
Sergeant, forensics reports, video/surveillance camera tape, sketches, and
recorded statements.

Section 30
Issuance of Receipt Sufficient for Court Notification

Issuance of a Receipt for Seized Driver’s License by the traffic police officer
shall be considered notification to appear before the designated court.

Section 31
Maximum Period of Seizure of Vehicle

When a driver commits a violation of the provisions of paragraph 21 of Annex
A, section 21, section 22 or section 24 of this Code, the traffic police officer
shall have the authority to seize the vehicle for no more than 10 days subject to
a valid third party claim.

Section 32
Impounding of Vehicles

1) When ordered by a judge, the traffic police must tow away any vehicle to
be seized and deposit it with a third person, who is authorized to perform
this type of duty, at the expense of the vehicle’s owner until the legal
procedures are completed in accordance with a judicial or executive
decision.

2) If a vehicle is illegally parked, creating a hazard or otherwise impeding the
movement of traffic, the traffic police officer has the authority to tow such
vehicle at the expense of the vehicle’s owner.

CPA/ORD/19 May 2004/86


3) Traffic patrols are not responsible for any damages caused to the vehicle
during the tow or seizure.

Section 33
Promotion of Traffic Safety

The Minister of Interior or his/her designee may appoint such committees as
necessary to facilitate and promote traffic safety.

Section 34
Implementation of the Traffic Code

1) The Minister of Interior or his/her designee may issue such statements,
rules, and instructions as necessary to implement the provisions of this law.

2) The Director General of Traffic may issue a statement according to the
Code in the following matters:

a) Assigning the direction of traffic on the public roads;

b) Fixing the shape and dimensions of the registration plate, driver’s
license, and the vehicle registration along with the color and contents;

c) Implementing the provisions of the international treaties to which Iraq is
a signatory related to the Traffic Code; and

d) Testing procedures and information used to approve an application for a
driver’s license.

Section 35
Road Safety Training

1) The Traffic Division in each Governorate shall reserve a week every year to
try to focus the public’s attention on traffic safety, which reduces accidents.

2) In cooperation with other related offices, the Traffic Division in each
Governorate shall prepare appreciation certificates for drivers who do not
commit any traffic violations in 20 years.

CPA/ORD/19 May 2004/86


ANNEX A


DRIVING AND VEHICLE REGULATIONS, VEHICLE REGISTRATION FEES
AND FINES FOR MOTOR VEHICLE VIOLATIONS


Regulations Pertaining to Different Road Users

1. Pedestrian road users are to abide by the following regulations when walking along
the road:
a) Pedestrians must walk on the sidewalk of a road;

b) If no sidewalk is available, pedestrians must walk safely, close to the left edge
facing traffic. If pedestrians are walking in a group, they should walk in single
file;

c) Pedestrians walking during darkness or cloudy weather shall wear light or
reflective clothing.

2. Pedestrians crossing roads and passing to the opposite side of the road shall be
conducted according to following conditions:
a) Pedestrians shall cross roads from designated areas such as marked cross
walks, bridges, tunnels and traffic light controlled pedestrian cross places. If
these are not available, pedestrians shall cross according to the following: stop
at the sidewalk of the road, look left, then right, then left and pass smoothly and
quickly. If the road contains a median divider, the crossing procedure shall be
repeated as looking right and left then right;

b) Pedestrians shall not cross from between parked vehicles for it is not easy for

drivers to observe pedestrians;
c) Pedestrians crossing one way roads or lanes shall make sure of traffic direction;
d) Pedestrians crossing roads shall attempt to cross in illuminated areas.

3. Passengers - The following regulations should be observed when entering and
exiting vehicles:
a) Passengers shall enter and exit only from fully stopped vehicles in designated
or otherwise safe locations;
b) Passengers seeking to cross after exiting a bus, shall wait until the bus has
moved and the driver is able to observe the road;
c) Passengers seeking to exit a bus or hire vehicle must inform the driver at
adequate distance to permit a safe stop.

4. Drivers – The following regulations should be observed when driving:
a) The driver must be capable of driving with complete control of the vehicle and
with a clear view of the road and traffic movement;
b) The driver shall hold the steering wheel with both hands;

1



c) The driver shall obey the speed limits as set by law;
d) The driver shall obey traffic signs and signals and directions from traffic


police;
e) The driver shall check the front lights and back lights while driving at night;
f) Use of high beams is prohibited when approaching oncoming traffic;
g) Proper use of horn to warn and in emergency conditions only;
h) Safety belts must be worn especially on outside roads or highways;
i) Adequate space must be left between vehicles. This distance shall increase

according to vehicle speed and if the road is wet;
j) Traffic priority (Right of way) must be given for pedestrians crossings at

unmanned or unmarked areas;
k) Emergency vehicles shall be given the right of way in the left lane;
l) Long distance driving may cause drowsiness or fatigue. To avoid this, rest

should be taken for 5 minutes to every one hour driving;
m) Drivers shall slow down and not use the horn when driving close to
animals.

5. Start conditions – Before starting vehicles, drivers should check for any obstacle
behind them, check the conditions of the tires, then start the engine and tighten safety
belt before observing the following conditions:
a) Mirror: check to make sure of passing vehicles by inside and outside mirror
and look left. If there are any approaching vehicles, the driver must wait;
b) Turn signals: Left turn signal must be used to warn other road users of
movement.

6. Passing: Passing another vehicle from the left side shall be conducted according to
the following conditions:
a) Where passing is allowed;
b) After making sure the road is clear for adequate distance;
c) Using side mirrors to make sure road is clear of vehicles;
d) Using signals; and
e) Start acceleration and pass then go back to normal lane.


7. Illegal Passing – Passing is prohibited in the following conditions:
a) Near pedestrian crossings;
b) Near crossroads, curves, bridges, tunnels, hill, on slippery roads, narrow roads


and at railway cross roads;
c) Where posted “No Passing” or where obstructed by a barrier;
d) When passing would force another driver to change his speed or direction;
e) If the vehicle ahead is passing another car;
f) If the vehicle behind is passing another car;
g) If an oncoming vehicle is passing on a roadway with no separation, median or

connected lines;

2



h) If the vehicle to be passed is traveling at the maximum speed limit; and
i) If visibility is bad.

8. In the case of passing a column of vehicles, passage must be done in stages.
9. Left turn must be conducted as follows:
a) Move to left lane at a safe distance;
b) Use the mirrors to check traffic movement behind;
c) Use left turn signal;
d) Turn left safely.


10. Right turn must be conducted as follows:
a) Move to right lane at a safe distance;
b) Use the mirror to check traffic movement behind;
c) Use right turn signal;
d) Turn right safely.


11. Changing lanes must be conducted as follows:
a) Look in mirror to make sure that the lane you intend to move into is clear of

traffic;
b) Use turn signal to warn road users;
c) Change lanes safely.


12. Parking – When parking for more than five minutes with the engine off, drivers
shall park vehicles parallel to and not more than thirty centimeters from the sidewalk
with the doors closed. Parking shall be conducted as follows:
a) Slowdown;
b) Use rearview mirror to observe traffic;
c) Use turn signal to indicate direction of travel;
d) Pull over to far most right side of the road before opening vehicle doors;
e) Make sure lane is clear of pedestrians before opening vehicles doors;
f) Exit from vehicles right side close to side walk.


13. Parking is prohibited as follows:
a) Where traffic signs indicate parking prohibited;
b) When parking will obstruct visibility at or near to:


i. Crossroads;
ii. Curves;
iii. Railway crossroads;
iv. Cliff edge;
3



v. Arched bridge;
vi. Bus stop;
vii. Pedestrians crossing area;
viii. School and office main gates;
ix. Parking on left side of roadway;
x. Double parking;
xi. When parking will obstruct movement of traffic;
xii. On narrow roads;
xiii. In tunnels;
xiv. On bridges;
xv. At entrances of garages (private and public);
xvi. Near road works and construction sites;
xvii. If parking obstructs visibility of a traffic light or sign.
14. Lights – The following conditions should be observed in using lights:
a) Make sure front and back lights of vehicle are according to its design;
b) Use high beams on roads with no electric lights and dim lights when a vehicle

approaches from the opposite direction;

c) Use full lights in case of fog or bad visibility;

d) Flash headlights to give warning, same as with horn, especially during hours of

darkness;

e) Use of high beams is prohibited when stopped, parking and waiting;

f) Use emergency flashers when vehicle is disabled.

15. Other general driving and vehicle regulations are as follows:
a) Vehicles are not permitted to enter or exit roads except from special points
which are acceleration and slow down lanes;

b) Backing, turning and parking except as designated by traffic control signs or
for emergency reasons is prohibited;

c) Vehicle travel at more than the maximum and less than the minimum speed
limit provided for by law in prohibited;

d) Vehicle tires must be properly checked before travel and petrol, water and oil
quantities must be sufficient;

e) Drivers of defective or disabled vehicles must exploit continuation of the
vehicle’s movement to exit to emergency lane and use emergency flashers or a
reflective triangle at a distance not less than 50 meters on highways and at an
appropriated distance on internal roads continuation of the vehicle’s movement
to exit to emergency lane and use emergency flashers or a reflective triangle at
a distance not less than 50 meters on highways and at an appropriate distance
on internal roads;

f) It is unlawful to use a vehicle not designed for towing to tow a vehicle. When
towing a disabled or defective vehicle, the vehicle’s emergency flashers shall
be activated;

4



g) Vehicles more than 2.5 meters wide are prohibited from operating on highways
unless escorted by a traffic vehicle to direct and warn other drivers;
h) Parking, stopping or waiting inside a vehicle at locations other than those
designated is not permitted except in case of emergency.

16. Public vehicle regulations:
a) Smoking is not allowed inside public vehicles;

b) Passengers must keep their body fully inside public vehicles;

c) Passengers on public vehicles shall not distract the driver;

d) Public vehicles must be kept clean;

e) Visibility shall not be obstructed by materials or baggage;

f) Passengers shall not give traffic signs instead of the driver;

g) Children shall be seated in the back seat;

h) Standing inside transport buses is prohibited for it obstructs driver’s rear view

vision.

Vehicle Registration Fees

17. The following fee schedule is in effect until amended or replaced pursuant to
section 32 of this Code.
18. The following are the fees for issuing and renewing driver licenses:
a) Motorcycles – five thousand ID;

b) All other vehicles – ten thousand ID.

19. The following are fees for vehicle registration certificates, first time and renewals:
a) Motorcycles – five thousand ID;

b) All types of cars – ten thousand ID;

c) Trailers carrying over 12 tons and vehicles carrying more than 25 passengers –

fifty thousand ID.

20. Transfer of ownership fees must be paid fifty percent by the previous owner and
fifty percent by the new owner. The following are fees for transfer of ownership of
vehicles:
a) Private cars – fifty thousand ID;

b) Public cars and buses – fifty thousand ID;

c) Trucks and trailers – one hundred thousand ID;

d) Agriculture vehicles, construction vehicles, trailers (dragged vehicles) and

tourist caravan vehicles – fifty thousand ID;

e) Motorcycles – five thousand ID.

5



21. The following are fees for reissuing a driver license or registration certificate
when it is lost, stolen or destroyed:
a) The first time – ten thousand ID;
b) The second time – twenty thousand ID;
c) More than two times – forty thousand ID.


22. The following fees are for losing or destroying the vehicle registration plate:
a) The first time – twenty thousand ID;
b) The second time – forty thousand ID;
c) More than two times – sixty thousand ID.


23. If the loss or destruction of the registration plate is accidental or unintentional the
fee is two thousand ID.
24. There is no fee for the loss or destruction of the registrations plate caused by the
burning of, robbery and/or collision of the vehicle when certified by documents.
25. Transactions related to vehicles and driver licenses shall be exempted from the
provisions of the law of stamp fees number 16 of 1974.
Fines for Motor Vehicle Violations

26. The following fines will be in effect until changed or amended pursuant to section
32 of this Code.
27. Anyone who commits the following violations shall be fined thirty thousand ID:
a) Failure to obey traffic control device or traffic police signal;

b) Driving against traffic;

c) Driving without front or rear lights at night;

d) Driving a vehicle without registration plate;

e) Reckless or negligent driving;

f) Driving at a speed greater than reasonable or in excess of speed limit;

g) Failure to register vehicle within 30 days of purchase;

h) Violating the rules of traffic on highways;

i) Violating instructions or statements issued by the Directorate General of

Traffic.

28. Anyone who commits the following violations shall be fined twenty thousand ID:
a) Failure to cover the cargo securely to prevent cargo from falling during driving

or shaking;

b) Parking in no-parking area;

c) The use of tinted windows or textile or metal curtains on rear or side windows;

6



d) Turning in the places where it in not allowed to turn;
e) Failure to stop when exiting from side road to main road;
f) Failure to yield the right of way to pedestrians.


29. Anyone who commits the following violations shall be fined fifteen thousand ID:
a) Stopping large trucks, buses, construction or agricultural vehicles in travel
lanes, on internal streets or in residential regions, except when loading or
unloading;

b) Carrying cargo in trucks in excess of height requirements;
c) Driving a vehicle with damaged or unclear registration plate;
d) Failure to use safety belts in moving vehicle;
e) Improper use of horn, including use of horns other than factory installed or


equivalent;
f) Passing a vehicle on the right side on roadways.


30. Anyone who commits the following violations shall be fined ten thousand ID:
a) Improper use of high beam lights;
b) Driving a vehicle that doesn’t meet the minimum safety standards for


equipment (as stipulated in section 13 of this law);
c) Putting stickers, decorations or notices on the front windshield or rear window;
d) Violating the rules of safe driving;
e) Failure to renew driving license or vehicle registration;
f) Failure to observe clear traffic signs, signals or markings;
g) Transporting passengers on the side, decks, hood roof or tail of a vehicle;
h) Opening a vehicle door and causing traffic obstruction.

31. Anyone who commits one of the following violations shall be fined five thousand
ID:
a) Failure to signal intention prior to turning;
b) Moving the vehicle before being sure that he traffic side is empty;
c) Failure to produce a driver license on demand.


7

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse