LEGE no. 118 of 16 October 1996 *** establishing and using the Special Fund for Public Roads
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 150 150 of 15 April 1998
Note ... * *) Republicated pursuant to art. III of Law no. 164 164 of 22 October 1997 , published in the Official Gazette of Romania, Part I, no. 288 of 24 October 1997, giving the texts a new numbering. Law no. 118 118 of 16 October 1996 was published in the Official Gazette of Romania, Part I, no. 261 261 of 25 October 1996 and has been amended by Government Emergency Ordinance no. 20 20 of 19 May 1997 , published in the Official Gazette of Romania, Part I, no. 95 95 of 20 May 1997. + Chapter 1 General provisions + Article 1 To complete the financing sources necessary for the construction, modernization, administration, maintenance and repair of public roads, the Special Fund of Public Roads is established. + Article 2 Public roads are communication routes aimed at ensuring road transport to meet the requirements of the population, the economy and national defence. + Article 3 The public roads for which the provisions of this law apply are highways, national roads, county roads and communal roads. + Chapter 2 Establishment of the Special Public Road Fund + Article 4 The sources of the Special Fund for public roads shall be as follows: 1. by applying a quota of 25% on: a) the wholesale price, excluding excise duty, for self-delivered motor fuels by manufacturers; ... b) customs value, established according to the law, for imported motor fuels; ... 2. by applying a 5% quota on: a) the wholesale price, excluding excise duty, for motor vehicles and trailers delivered by producers in the country and intended for sale on the domestic market, with the exception of tractors and specialised vehicles for agricultural works, for which a quota of 2,5% will apply from 1 January 1998, as well as motor vehicles and trailers purchased from PHARE grants; ... b) the customs value of imported motor vehicles and trailers; ... 3. by payment by owners of motor vehicles and trailers, natural persons and legal persons, of annual fixed amounts, established according to the annex, to which the document certifying the right of use of public roads, called rovignette, for which the Ministry of Transport will establish the model, form and conditions of release. Application of quotas provided in par. 1 1 section 1 and 2 will be reflected in the wholesale and retail price level, without entering the value-added tax base. Annual fixed amounts referred to in par. 1. Section 3 will be updated annually, by Government decision, depending on the inflation rate, until December 31 of the previous year. + Article 5 The obligation to calculate and pay the amounts resulting from the application of art. 4 4 para. 1 1 section 1 and 2 return to producers and importers, natural persons and legal persons, regardless of the form of organization, the holder of the ownership and the holder of the imported product. Amount due shall be determined: a) on the date of delivery by the producers ... b) on the date of completion of customs clearance for import products. ... Obligation to pay annual fixed amounts, provided for in art. 4 4 para. 1 1 section 3, returns to all owners of motor vehicles and trailers, natural persons and legal persons, regardless of the date of purchase, except for public institutions and economic agents carrying out public passenger transport, owners of motor vehicles and trailers radiated from circulation or temporarily not used in construction or in agriculture, following the interruption of productive activities, due to seasonality and calamities. The duration of removal from circulation or temporary non-use shall not be less than 3 months in the course of a year, except for tourist caravans which are exempt from the payment of annual fixed amounts. For motor vehicles and trailers that, under the current law, are entered into circulation or used for less than one year, the amount of the payment amount shall be determined in proportion to the duration of circulation, calculated in months. Persons with disabilities, owners of a single car or of a single van arranged for persons with disabilities and endorsed by the Autonomous Regia "Romanian Auto Registry" are also exempted. + Article 6 Amounts due as a result of the application of art. 5 shall be paid into the account of the Special Fund of Public Roads, until the 25th of the month following that in which they were established. Amounts due as a result of the application of art. 5 5 para. 3 are paid at C.E.C. units by motor vehicle owners and trailers by March 31 of each year. For the non-payment of the amounts due by economic agents, manufacturers and importers of fuel, motor vehicles and trailers, increases for each day of delay, according to the tax legislation. + Article 7 At the traffic control carried out by the competent bodies of the Ministry of Interior, the drivers are obliged to present the document certifying the right of use of public roads provided for in art. 4 4 para. 1 1 section 3 and to art. 12 12 para. 3. In case of failure to submit the document, the registration certificate of the means of transport shall be retained and a fine representing ten times the annual fixed amount due according to the provisions of art. 4 4 para. 1 1 section 3. + Chapter 3 Allocation of amounts from the Special Fund of Public Roads + Article 8 The works financed from the Special Fund of Public Roads are executed according to the annual programs underlying the foundation of the budget of this fund. The Autonomous Regia "National Road Administration of Romania" elaborates and bases the budget of the Special Fund of Public Roads, which it submits to the Ministry of Transport. The budget of the Special Public Road Fund is approved annually as an annex to the state budget law. + Article 9 Special fund of public roads, constituted according to art. 4 4 para. 1, shall be distributed as follows: a) 65% for national roads; ... b) 35% for county and communal roads. ... + Chapter 4 Common and transitional provisions + Article 10 The amounts collected for the Special Fund of Public Roads will be used exclusively for the purpose for which they were constituted. + Article 11 The provisions of this law also apply to individuals and foreign legal entities to the extent that, through international treaties to which Romania is a party, it is not established otherwise. + Article 12 Natural persons and legal persons, purchasers of motor vehicles and trailers after 1 January 1997, shall be exempted from the payment of the annual fixed amount for a period of one calendar year from the date of entry into service. The rovignette provided for in art. 4 4 para. 1 1 section 3, with validity of one calendar year. After the expiry of the exemption period from the payment provided in par. 1, individuals and legal entities have the obligation to request a new rovignette, in compliance with the provisions of art. 4 4 para. 1 1 section 3, paying the annual fixed amount proportional to the remaining period until the end of the year. + Article 13 The available availability at the end of the year in the account of the Special Fund of Public Roads shall be carried over with the same destination for + Article 14 Establishment and management of the Special Fund of public roads, established according to art. 4 of this law, is carried out by the Ministry of Transport. + Article 15 The control of compliance with the provisions of this law shall be exercised by the Autonomous Regia "National Road Administration of Romania", as well as by the specialized bodies of the Ministry of Transport. + Article 16 The criteria on the basis of which amounts are allocated from the Special Fund of public roads, by county, and, within them, for county and communal roads, as well as the programming, calculation and reporting methodology, relating to the Special Fund of public roads, are established by methodological norms developed by the Ministry of Transport and the Ministry of Finance. Within 45 days from the date of entry into force of this law, the Ministry of Transport and the Ministry of Finance will develop the methodological norms provided in par. 1. + Article 17 This Law shall enter into force on 1 January 1997. + Article 18 On the date of entry into force of this Law is repealed: art. 7 7 and art. 42 of the Road Law no. 13/1974 ;; art. 3 3, art. 4 4, art. 11 11 and art. 17 17 para. ((2) of Law no. 43/1975 to establish rules on the design, construction and modernization of roads; art. 3 3 para. ((4), art. 20 20 para. ((2) and art. 37 37 of Law no. 37/1975 on systematization, design and realization of circulation arteries in urban and rural areas; Decree no. 250/1981 on the establishment of the regime for the use of roads by vehicles registered in other states carrying goods in international traffic on the territory of Romania; Law no. 13/1994 establishing and using the Special Fund for the development and modernisation of public roads and any other provisions to the contrary. + Annex FIXED AMOUNTS for road use No. crt. Vehicle category Annual fixed amount (thousand lei) 1.Outliers under 3.5 tons * **) and cars:-under 1,500 cm350-1.501-2.000 cm3100 *)-2.001-3.200 cm3250 *)-over 3.200 cm3600 *) 2.Truck, dumpers and other means of transport:- below 18 tone***) 500-18-22 tone***) 600-over 22 tone***) 650 3.Remorci:-under 3 tone***) 150-3-16 tone***) 350-over 16 tone***) 450 Semitrailers:-under 20 tone***) 600-20-30 tone***) 700-over 30 tone***) 800 4.Tractors:-under 18 tone***) 500- over 18 tone***) 700 5.Autoremorchere900 6.Road Tractors * *): --under 20 CP100-20-45 CP300-over 45 CP400 ------------ *) Retirement holders of a single car or of a single van will pay 50,000 lei/year. ** **. To be paid from 1 January 1998. ***) The total authorized mass, entered in the registration certificate. -------
