Law Office ofAli Barakat
Traffic, Vehicle Accidents and Compulsory Insurance

Traffic Law: Offences and Vehicle Impound

In briefTraffic Law No. 8 of 2019 gives a traffic officer the authority of a misdemeanour judge to impose fines on what he sees or on monitoring equipment. A fine is due within thirty days of notice, doubles once if unpaid, and is halved if paid within seventy-two hours. Vehicles may be held in set cases, and courts can withdraw licences for repeat offending.

Most drivers in Baghdad and the provinces meet the traffic law through a fine rather than an accident: a slip handed over or stuck to the windscreen, or an entry that appears against the vehicle's record. Traffic Law No. 8 of 2019 governs this, and the office of Ali Barakat explains here how a fine is imposed and when a vehicle can be held.

Who imposes the fine

Article 28 gives a traffic officer, acting on what he sees or on monitoring screens, the authority of a misdemeanour judge to impose the fines set in articles 25, 26 and 27, using the standard judgment form annexed to the law. A traffic warrant officer up to the fourth grade has the same authority for a narrower set: article 25(3) and article 26. A traffic fine is therefore a judgment issued at the roadside or from a camera feed, not a mere administrative notice.

Tiers of offences

Article 25 sorts offences into three tiers. The first tier includes ignoring traffic lights or an officer's signals, careless and reckless driving, exceeding the speed limit, driving against the flow, tinted glass or curtains, driving without plates, a seller or buyer failing to complete transfer within thirty days, and a seller drawing up more than one contract for the same vehicle. The second tier includes breaching directorate notices, using a mobile phone while driving, unclear or hidden plates, turning where turning is barred, and driving a vehicle that fails roadworthiness conditions. Article 26 fines anyone who crosses the road outside designated crossings, so pedestrians are addressed too. Article 27 fines anyone who runs a driving school or opens a roadworthiness testing office without the required approvals, and this too is a fine the traffic officer may impose under article 28.

How the driver learns of the penalty

The judgment is handed to the driver, and refusing it counts as notice (article 28(4)). If the driver is absent, sticking the judgment on the windscreen counts as notice (article 28(5)). Fines are published on the directorate's official website within seventy-two hours. Checking a vehicle's record before selling or renewing is therefore sensible.

Paying, doubling and reduction

The fine is paid to the accounts officer within thirty days of notice, against a receipt. If it is not paid within thirty days of being imposed, it doubles once and the doubling is marked on the vehicle's computer record. If paid immediately or within seventy-two hours, it is cut by half. Article 29 excludes from doubling drivers of state, public and mixed-sector vehicles and drivers of vehicles on temporary customs plates; their fines are collected through their employer or through customs.

Holding the vehicle

Article 28(6) lets a traffic officer hold a vehicle for up to five days when its driver commits one of the offences in article 25(1). Some items in article 25 themselves require holding until the cause is removed, such as tint and curtains or missing plates. Article 32 allows holding for up to ten days for driving without a licence or with a withdrawn or cancelled licence. Article 3 allows an unregistered vehicle to be held; if the owner cannot prove lawful entry into Iraq within thirty days, it is passed to the General Customs Authority. See Releasing an impounded vehicle.

Repeat offending

Repeat offending is met by licence withdrawal. Article 31(2) lets a court, at a traffic officer's request, withdraw a driving licence for up to ninety days where the driver returns to committing offences. Article 31(3) lets courts rely on photographs and data from monitoring equipment, breath and alcohol testing devices and the accident scene sketch. A driver who thinks a fine is wrong can use Objecting to a traffic fine within fifteen days.

Legal basis and sources

  1. Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 3, 25, 26, 27, 28, 29, 31 and 32

Frequently asked questions

Is a traffic fine a judgment or a notice?

A judgment. Article 28 gives the officer a misdemeanour judge's authority and the decision is issued on a judgment form.

What happens if I do not pay within thirty days?

The fine doubles once and is marked on the vehicle's record.

Can the fine be reduced?

Yes, by half if paid immediately or within seventy-two hours of being imposed.

Always check the text in force and its amendments in the official source.

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