In July of 2015, Attorney Ruzanna Azroyan was fined for exceeding the speed on Yeghvard Highway driving at a speed of 57 km/h when the speed limit is 40 km/h, according to the decision of traffic police.
According to Azroyan, in residential areas vehicles are allowed no more than 60 km/h and outside of residential areas the limit is 90 km/h. Azroyan argues that her car is a passenger vehicle therefore she was within the limit.
According to the lawsuit Yerevan is an urban area, and there are no “urban areas” in Yeghvard highway or signs of “end of the residential areas”, thus the allowable speed limit is 60 km / h. The applicant hadn’t submitted an answer of the lawsuit.
Hearing the explanations of the plaintiff, examining and assessing the presented evidences, the court came to the conclusion that the lawsuit is subject to satisfaction.
According to point “C” of Article 9 of the RA Law on “Road Traffic Safety”, RA Government’s exclusive jurisdiction is the establishment of traffic rules.
According to the court, in this case the penalty was based on the administrative act adopted by the administrative service, which is installed on Yeghvard Highway which defines the maximum speed as 40 km/h. Meanwhile, the grounds verify that the administrative service is not eligible to set a road sign defining lower speed than 60 km /h in urban areas. This means the settlement of this traffic sign was adopted by violation.
Thus, the Administrative Court by the presidency of Judge Karen Avetisyan decided to satisfy the claim of Ruzanna Azroyan.
Prepared by Gevorg Tosunyan.
