site.btaParliament Upholds Presidential Veto on Legal Revisions Criminalizing Unauthorized Carriage of Passengers

Sofia, November 19 (BTA) - Parliament Thursday upheld a
presidential veto on revisions to the Commercial Navigation
Code, which criminalize the unauthorized public transport of
passengers and returned the revisions for a new debate. The
revisions would have had grave consequences for ride sharing
which is becoming increasingly popular in Bulgaria.

The revisions were backed by 93 MPs of the ruling GERB party but
 they were not enough to secure a repeated adoption. Fifty-five
Socialist deputies and six independents voted against, and ten
MPs of the power-sharing United Patriots, seven of Volya and one
 independent abstained. The Movement for Rights and Freedoms did
 not vote.

Moved by GERB through revisions to the Commercial Navigation
Code amending the Penal Code and the Automobile Transport Act,
the vetoed provisions introduced criminal liability for persons
engaging in public transport of passengers without a licence,
registration or permit. The proposed punishment is two to five
years imprisonment and confiscation of the vehicle, regardless
of ownership.

When he vetoed the revisions in early November, the President
argued that while he did not put to question the premise that
unauthorized carriage of passengers - which is considered an
administrative misdemeanor now - is a public hazard, he finds
that the new legislation determines the same act to be both a
misdemeanor and a crime, which have different legal gravity,
with no clarity about which of the two will be applicable. "The
shadow economy should be prosecuted with the instruments of law:
 clear legislation adopted in a predictable and open legislative
 procedure," the President said. He also argued that it remained
 unclear how unauthorized carriage of passengers would be
distinguished from ride sharing and car pooling.

During the debate on the veto, Iglika Subeva (GERB) argued that
the President's reasoning was "too general" and "scarce".

BSP slammed the revisions for criminalizing ride sharing and the
 punishment which they find disproportionate.

The United Patriots said they would abstain from supporting the
revisions until they are improved and there are guarantees that
ride shares would not be affected.

The vetoed revisions to the Commercial Navigation Code will now
be put to a new debate and then to a conclusive vote. RI/LN/