Should the Prime Minister's Convoy Stop or Not? What Does the Law Say?

On April 26, a police vehicle accompanying the Prime Minister's convoy hit a 28-year-old citizen, resulting in his death. The news has sparked extensive discussion on the internet and in the media, prompting various interpretations. Fip.am has addressed the issue, noting that Armenian law and international conventions require the driver involved in an accident to stop their vehicle. This means that the claim made by Acting Chief of Staff Taron Chakhoyan, stating that the vehicle could not stop as it would breach protocol, is false.

The Acting Chief of Staff of the Prime Minister communicated several pieces of information the day after the incident in an attempt to respond to public inquiries regarding the matter. According to his post, Prime Minister Nikol Pashinyan did not notice the incident and thus the convoy did not stop. When he saw the woman lying on the ground, he ordered an ambulance and sought to understand what had happened. "The Prime Minister was notified about the accident involving a police escort vehicle as soon as he arrived at the National Assembly, after which he provided the necessary instructions to the Minister of Health and law enforcement agencies," Chakhoyan’s post stated.

Chakhoyan also answered questions circulating online regarding why police officers from the escort did not stop to offer assistance. He explained, "If the police escort vehicle had stopped, the entire convoy would have had to stop, blocking traffic on the entire street and causing additional congestion in adjacent streets, thereby obstructing the ambulance's approach, including access to the scene of the accident and the victim. Considering such circumstances, according to internationally accepted rules of procedure, vehicles escorting heads of state (in this case, police) have no right to stop in places not designated for such action, even in the event of accidents."

The Acting Chief of Staff's rationale for the convoy's failure to stop references some regulations without clarifying which specific documents pertain to the discussion. Nonetheless, according to the legal hierarchy established by Article 5 of the Constitution, Armenian laws and international conventions take precedence over sublegal acts.

Armenia ratified the Convention on Road Traffic on February 8, 2006, with Article 31 outlining driver conduct in the event of a road traffic accident. According to this article, the driver involved in an accident must stop as quickly as possible without creating additional danger to traffic. The convention does not stipulate any exceptions regarding this article; hence, it applies to all, including the convoy accompanying the Prime Minister. Furthermore, Armenia's ratified international conventions hold greater authority than national legislation, including sublegal acts.

However, national laws also explicitly define the sequence of actions a driver must take in the event of a traffic accident. Article 24 of the Armenian Law on Ensuring Traffic Safety outlines these situations. Subsection 2(d) specifically establishes the driver’s responsibilities when involved in an accident. Based on this section:

1. The driver must immediately stop the vehicle, activate the hazard lights as stipulated by traffic rules, and refrain from moving both the vehicle and any objects related to the accident.
2. Take necessary measures to provide first aid to the victims, call for emergency medical assistance or specialized services, and, in extreme cases, transport the injured to the nearest medical facility using their vehicle.

It should be noted that this law does not define any exceptions, and thus it applies to everyone, including the police vehicles escorting the Prime Minister's convoy.

As for the privileges of vehicles traveling within the convoy compared to other vehicles, these are defined by a decision of the government, which means they are sublegal acts—in this case, the government's decision from 2007. According to Section 4 of the decision, drivers of vehicles with activated blue flashing lights may, while performing urgent service tasks, disregard certain traffic rules while ensuring traffic safety. Drivers may utilize this privilege only after ensuring that the road is yielded to them. This privilege also extends to those drivers accompanied by vehicles with blue and red flashing lights and activated sirens. The escorted vehicles must activate their lights as well.

As noted, this part of the decision clearly states which traffic rules may be disregarded by vehicles with red and blue flashing lights and sirens and the accompanying convoy. These pertain to traffic signal and regulator signals, maneuvering, positioning of vehicles within the traveled section, speed limits, overtaking, stopping and parking, crossing intersections, pedestrian crossings, railway networks, and traffic signs.

This means that all of the listed situations represent exceptions allowing the convoy escorted by vehicles with red and blue flashing lights and sirens to not adhere to established general rules. However, none of these provisions define the actions of the escorting police vehicle in the event of an accident, and thus do not grant an exemption from stopping after an incident.

Even if the actions of the vehicles in the Prime Minister's convoy are conducted in accordance with some secretive protocol, this cannot take precedence over the law and convention since protocols are determined by sublegal acts. Therefore, Armenian law and international conventions oblige the driver involved in an accident to halt their vehicle and assist the victim, while government decisions and protocols are sublegal acts and are adopted in compliance with the law and international conventions. Thus, the Acting Chief of Staff's assertion that the vehicle could not stop due to a breach of protocol is fabricated.

Interestingly, during a press conference on March 5, 2019, Prime Minister Pashinyan, while presenting the latest 100 facts of his government’s achievements, remarked: "Fact number 91: The Prime Minister's convoy stops at the red light, except in special cases. Special cases are when we are late for something, awaiting international guests, etc., and it yields the right of way to pedestrians at pedestrian crossings."