Hello Bulgaria,

TLDR : Bulgarian Police has issued a fine more than two years (March 2024) after a speeding-limit violation was commited (July 2021). Article 34(1) of the Administrative violations and Sanctions Act states that proceedings cannot be instituted if more than a year has passed since the commission of a given violation. Am I right to tell the rental car company to appeal against the fine?

Full version :

I visited your country back in 2021 with a car rented in Romania. The rental company just sent me a notification issued by the Bulgarian Police on 12/03/2024 for a speeding-limit violation commited in July 2021. I am very surprised, as in other countries police has up to a year to notify you or the infraction is no longer punishable. I have done a little investigation of Bulgarian law and I found the following:

Article 189a of the Road Traffic Act (https://www.mrrb.bg/en/road-traffic-act-rules-on-the-implementation-of-the-road-traffic-act/) deals with violations commited with vehicles registered in another EU member state and sets no specific time limits for notification of violations.

I have quickly scanned the whole Road Traffic Act and I see no special provisions for a time limit on enforcement of violations.

So, in absence of special provisions, Article 34(1) of the Administrative Violations and Sanctions Act (https://www.cik.bg/upload/56763/Administrative+Violations+and+Sanctions+Act.pdf) states that "Administrative-penal proceedings shall not be instituted if a statement of establishment of the violation has failed to be drawn up within three (3) months following the detection of the offender, or if one (1) year has elapsed since the commission of such violation".

To my understanding, issuing this fine is against Article 34 of this law, as more than a year (actually more than two) have passed since the violation was commited, am I right to say that the police has no right to issue this fine and should I suggest the rental company to appeal against it?

Thank you a lot in advance for your help.

by OThurible

4 comments

  2. ![gif](giphy|SVgKToBLI6S6DUye1Y)

    The article you referred to (34) applies to “conventional” fines where this law is applicable. However, most speeding violations are enforced via “electronic fine” that is by definition automated and imposed immediately after the traffic violation. Therefore, art.34 does not apply, as there is no term for the imposition of this fine. This case is more with regards to a delayed delivery of the fine, which is unfortunately not an issue and not in the scope of art.34 (very few judges think otherwise).

    However, with regards to electronic fines there is a 3-year statute of limitations as per the criminal code. According to it, the fine may not be enforceable and can be dismissed by a judge if properly appealed on this ground.

  4. Unfortunately, the police were in their right to give you the fine. I hope it’s not too big.

    BTW, if you pay within 14 days after the notification date, there is a 30% discount. You can pay online as well.

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