Law No. 118 of 16 October 1996 * Republished on formation and use of the special fund for public roads, the ISSUER of the PARLIAMENT Published in MONITORUL OFICIAL nr. 150 of 15 April 1998 Note *) Republished pursuant to art. III of law No. 164 of 22 October 1997, published in Official Gazette of Romania, part I, no. 288 of 24 October 1997, posing a new texts.
Law No. 118 of 16 October 1996 was published in the Official Gazette of Romania, part I, no. 261 of 25 October 1996 and amended by Emergency Ordinance of Government No. 20 of 19 May 1997, published in Official Gazette of Romania, part I, no. 95 from 20 May 1997.
Chapter 1 General provisions Article 1 For the purpose of supplementing funding sources necessary for construction, modernization, administration, maintenance and repair of public roads, set up a special Fund for public roads.
Article 2 the road communication horses are aimed at ensuring the road transport in order to meet the demands of the population, economy and national defense.
Article 3 public roads for which they apply the provisions of this law are national roads, highways, county roads and municipal roads.
Chapter 2 establishment of the special fund of the public roads Article 4 Sources of public roads shall be set as follows: 1. by applying a rate of 25% on the price: a), excluding excise taxes, for car fuels delivered to domestic producers;
b customs value), as established by law for car fuel imported;
2. by applying a rate of 5% on the price: a), excluding excise taxes, for vehicles and trailers supplied by producers in the country and intended to be sold on the domestic market, with the exception of specialized tractors and agricultural vehicles, whether subject, for which you will be charged a rate of 2.5% with effect from 1 January 1998, as well as motor vehicles and trailers purchased non-refundable funds PHARE;
b customs value) of imported motor vehicles and trailers;
3. by paying the owners of motor vehicles and trailers, individuals and legal entities, fixed amounts determined pursuant to annex II, which shall be issued the document certifying the right to use the public roads, called rovigneta, for which the Ministry of transport will set the pattern, form and conditions of release.
The application of the quotas referred to in paragraph 1. 1 points 1 and 2 will be reflected in the price level and with high retail price, without the basis of taxation of value added tax.
Fixed annual amounts referred to in paragraph 1. 1. point 3 shall be updated annually, by a decree of the Government, depending on the inflation rate, up to 31 December of the previous year.
Article 5 Obligation calculation and amounts resulting from the application of and. "". 1 paragraphs 1 and 2 shall be the responsibility of manufacturers and importers, private individuals and legal entities, regardless of the form of organization, the owner of the property and the holder of the imported product.
The amount due shall be determined: (a) the date of delivery) by the manufacturers;
b) at the time of customs clearance for imported products.
Obligation and fixed annual amounts, as referred to in art. "". 1, point 3, shall be the responsibility of all owners of motor vehicles and trailers, individuals and legal entities, regardless of the date of purchase, except for public institutions and economic entities which are engaged in transport of passengers by joint owners of motor vehicles and trailers and removed from circulation or temporary or unused construction in agriculture as a result of the disruption of productive activities, due to seasonality and calamities. The duration of radiation from circulation or temporary neutilizarii must not be less than three months during the year, except for tourist caravans which are exempted from the payment of fixed annual amounts.
For motor vehicles and their trailers which, under the present law, are entered in the service or used less than a year, the amount of payment shall be determined in proportion to the duration of circulation, calculated in months.
Are also exempted the disabled, of a single proprietary passenger car or light truck of one equipped for disabled people and approved by the autonomous Regia "Romanian Auto register".
Article 6 the amounts due pursuant to the provisions of art. 5 pour into a special fund for public roads, not later than the 25th day of the month following the month in which they were established.
Amounts due pursuant to the provisions of art. 5 para. 3 shall be paid to the owners of the C.E.C. units of motor vehicles and trailers up to 31 March each year For failure to pay within the amounts due by the operators, manufacturers and importers of motor fuels, vehicles and trailers apply surcharges for each day of delay, according to the tax laws.
Article 7 control in traffic by the competent bodies of the Ministry of Interior, drivers are required to present the document certifying the right to use the public roads; "". 1 point (3) and in article 8. 12(3). 3. In the case of document retain observe the registration certificate of the vehicle and applies a fine representing ten times the annual fixed amount due under art. "". 1 section 3.
Chapter 3 allocation of amounts from a special Fund for public roads Article 8 Works financed by the special Fund for public roads are executed under the annual programmes which form the basis of the answer to the budget.
Directed Autonomous "National Administration of roads in Romania" develops and base its budget special Fund for public roads, which it submits to the Ministry of transport.
The budget of the special Fund for public roads shall approve annually as annex to the State budget law.
Article 9 special fund of public roads, set up in accordance with the provisions of article 7. "". 1, shall be distributed as follows: 65% of) for national roads;
(b) 35%) for the County and communal roads.
Chapter 4 common provisions article 10 and transitional amounts collected for the special Fund for public roads will be used exclusively for the purpose for which they were constituted.
Article 11 the provisions of this law shall also apply to natural persons and foreign legal entities to the extent that, by means of international treaties to which Romania is a party, there is established otherwise.
Article 12 legal entities and natural persons, acquiring vehicles and trailers after 1 January 1997, are exempted from the payment of fixed annual amount over a period of one calendar year from the date of entry into service.
To enroll in the free rovigneta is issued under article 9. "". 1, point 3, with validity of one calendar year.
After expiry of the period of exemption from the payment provided for in paragraph 1. 1, individuals and legal entities are required to apply for a new rovigneta, in compliance with the provisions of art. "". 1 point by paying a fixed annual amount in proportion to the period remaining until the end of the year.
Article 13 Availability at the end of the special fund for public roads shall be carried over with the same destination for the next year.
Article 14 establishment and management of special fund of public roads, established under the provisions of art. 4 of this law, shall be carried out by the Ministry of transport.
Compliance with the provisions of article 15 of this law shall be exercised by the autonomous Regia "National Administration of roads in Romania", as well as by the specialized bodies of the Ministry of transportation.
Article 16 the criteria based on which allocate special fund amounts on public roads, on counties, and, within them, for the County and communal roads, as well as the methodology for programming, computing and reporting relating to the special Fund for public roads, shall be determined by guidelines developed by the Ministry of transport and Ministry of finance.
Within 45 days of the date of entry into force of this law, the Ministry of transport and the Ministry of finance will elaborate methodological norms referred to in paragraph 1. 1. Article 17 of this law shall enter into force on 1 January 1997.
Article 18 on the date of entry into force of the present law shall repeal: art. 7 and art. 42 of the law of roads No. 13, 1974; art. 3, art. 4, art. and article 11. 17 para. (2) of law No. 43/75 in order to establish rules governing the design, construction and upgrading of roads; art. 3 paragraphs 1 and 2. (4), art. 20 paragraph 1. (2) and article 3. 37 of law nr. 37/1975 to formulate, design and realization of traffic arteries in both urban and rural settlements; Decree No. 250/1981 laying down arrangements for the use of roads by vehicles registered in other States which carry goods in international traffic on the territory of Romania; Law No. 13/1994 concerning the establishment and use of the special fund for the development and modernisation of public roads, as well as any other provisions to the contrary.
Annex AMOUNTS FIXED for the use of roads No. crt.
Category of vehicle fixed yearly Sum (MDL) 1.
Vans below 3.5 tonnes *) and cars:
-1,500 1.501 CC 50-100-2,000 cm 3)-3,200 cm3 2.001-250 *)-over 3,200 cm3 600 *) 2.
Trucks, dump trucks and other means of transport:-less than 18 tons *) 500-18-22 tones *) 600-more than 22 tons *) 650 3.
Trailers:-under 3 tons *) 150-3-16 tons *) 350-over 16 tonnes * 450 Semi-trailers):-less than 20 tonnes *) 600-20-30 tons *) 700-over 30 tons) * 800 4.
Towing vehicles:-less than 18 tons *) 500-over 18 tonnes *) 700 5.
Specialized vehicle 900 6.
* Road tractors):-under 20 HP 100-20-45 HP 300-400 HP over 45 — — — — — — — — — — — — *) owners of Retirement of one passenger car or light truck will pay a single 50,000 lei/year.
*) Shall be paid as from 1 January 1998.
Authorized total mass), included in the registration certificate.