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Law No. 129 Of 16 October 1996 Relating To Carriage By Romanian Railways

Original Language Title:  LEGE nr. 129 din 16 octombrie 1996 privind transportul pe căile ferate române

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LEGE No 129 of 16 October 1996 on the transport of the Romanian railways
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 268 of 30 October 1996



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) For the purposes of this law, public rail transport means the transport of passengers, luggage, goods and other goods, carried out on the railways. (. Public passenger transport, baggage, cargo and other goods shall be carried out on the basis of a transport contract. (3) The transport contract shall be concluded and executed in accordance with the provisions of the Commercial Code, the Transport Regulation of the Romanian Railways and of the international conventions to which Romania is a party. + Article 2 Public rail transport constitutes, by its nature, a strategic sector of national interest, is an essential service for society, contributes to the satisfaction of the right to free movement, to the resolution of major interests of the economy, ensures the transport of persons, goods and other goods within the country and in international traffic, with high degree of safety, in ecological, efficient conditions, and performs specific tasks for the defense needs of the country, according to law + Article 3 (1) Public railway transport is organized and carried out on commercial market principles, mainly by the National Society of Romanian Railways, called the abbreviated S.N.C.F.R., with the logo of the C.F.R., which has the status of autonomous directing of national interest, under the authority of the Ministry It operates on the basis of economic management and financial autonomy and benefits from allowances from the state budget under the conditions of the activity contract provided for in art. 45. (2) The budgetary allowances shall be awarded for the infrastructure of the Romanian railways and for the realization of projects of national importance that ensure the integration of Romania into the European railway transport system For social services, made available to the competent public authorities, through the normative act that provided for these services will be provided by S.N.C.F.R. + Article 4 S.N.C.F.R. has in administration the infrastructure of the Romanian railways, public property of the state, and owns in its property the goods it has in its endowment and those endowed in its own name with any title. + Article 5 Under the conditions of this law, may be authorized to carry out public transport by rail and other legal entities on the infrastructure of the Romanian railways of local interest, under the administration of S.N.C.F.R. + Chapter 2 State authority in the field of rail transport + Article 6 The Ministry of Transport is the state authority in the field of railway transport, which, in this capacity, exercises the following tasks a) approve the mandatory general rules and regulations for the safety of movement in railway transport and ensure the supervision of their compliance; b) exercise state control, through its own body of inspection, control and supervision, regarding the observance of domestic and international regulation in the activities specific to railway transport; c) exercise the register authority through the Romanian Railway Registry; d) authorizes the legal entities for carrying out public transport and ensures the authorization, from a technical point of view, of the agents carrying out the construction, maintenance and repair of the elements of the Romanian railway infrastructure and rolling stock; e) approve mandatory rules and regulations for holders of industrial lines and means of transport by rail that have access to the infrastructure of the Romanian railways, and, as the case may be, for the beneficiaries of transport; f) approves technical exploitation instructions on the operation of the infrastructure of the Romanian railways; g) approve the mine parameters of the Romanian railway infrastructure, corresponding to the internal, international norms or established by agreements to which Romania is a party; h) establishes mandatory technical rules for the design, construction and repair of means of transport, so that they also correspond in the cases of national defence; i) approve specific rules for the protection of work in railway transport in accordance with national legislation and international agreements to which Romania is a party; j) coordinate the security system of railway public transport and activities to prevent and combat illicit acts; k) approves feasibility studies, financed from the state budget, for new modernizations and objectives, which concern the railway public transport activity, within the limits of the competences established by the legislation in force; l) approve, under the law, rules for carrying out special transport. + Chapter 3 The infrastructure of the Romanian railways and its functioning + Article 7 (1) The infrastructure of the Romanian railways constitutes public property of the state, consisting of all the elements necessary for the circulation of the rolling stock for the purpose of carrying out the public service of railway transport, safely, according to railway transport technologies and regulations. ((2) The elements of the ensemble that form the infrastructure of the are: a) the railway lines open to public traffic, the related land on which they are actually built and the land located on both sides of the railway axis, necessary for exploitation, within the concrete limits established by state standards and by Government decisions, based on the S.N.C.F.R. proposals, appropriated by the Ministry of Transport; b) art works: bridges, tunnels, viaducts and the like, related to railway lines open to public traffic; c) the geotechnical protection and consolidation works, the railway protection plantations and the related land on which they are located; d) the safety and operational management of the rail traffic; e) the network triages of the railway and their land; f) electrification plants, transformer stations and their land; g) telecommunication facilities that provide information transmission for the safety and operational management of the circulation; h) buildings containing only centralization, electrification and railway telecommunications installations, including constructions of any kind affected and related land; i) facilities that are used for the maintenance, repair and modernization of the infrastructure of the Romanian railways. (3) The concrete elements of the ensemble that form the infrastructure of the Romanian railways will be determined by Government decision. (4) Not part of the infrastructure of the Romanian railways: a) the traffic safety, speed control, exchange of train and telecommunications data on rolling stock; b) construction of any kind, land and railway lines used for the technological activity of railway transport; c) installations, telecommunications equipment and terminals and electronic data processing, which are used only for the commercial exploitation of public transport services on railways. + Article 8 The operation of the infrastructure of the Romanian railways shall be ensured uninterrupted by the S.N.C.F.R. and shall be carried out by: a) ensuring the state of operation of all lines, installations and other elements of the infrastructure, at the parameters established according to art. 6 lit. g); b) the operative management of the movement of trains and their manoeuvre for movement of rolling stock from and to the garare lines, industrial lines, runs, depots, draws and other areas giving access to rolling stock on the open lines public traffic; c) the equipment with rolling stock that is borne from the state budget, after the use of own financial resources, under the conditions provided by the legal regulations. + Article 9 The parameters of the elements of the Romanian railway infrastructure must correspond to the internal, international or established norms by specific agreements to which Romania is a party. These parameters must ensure the compatibility of the infrastructure of the Romanian railways, in its whole or in directions and transport colour, with the international railway railway assembly. + Article 10 Parameters of the elements of the Romanian railway infrastructure, established according to 9, is specified in the activity contract of S.N.C.F.R., provided in art. 44. + Article 11 The elements of the infrastructure of the Romanian railways, including the lands on which these goods are located, as well as the lands intended for this purpose, from the moment of their entry into possession, are exempt from any taxes + Article 12 (1) Access and traffic on infrastructure are allowed under the conditions of compliance with specific railway rules and prescriptions and only with the opinion of S.N.C.F.R. (2) International groups that carry out combined transport are accepted for circulation on the infrastructure of the Romanian railways under the law and international agreements to which Romania is a party. + Article 13 The management of the Romanian railway infrastructure is carried out by S.N.C.F.R. by fulfilling the ensemble of economic and technical functions necessary for: a) records and management of the circulation and maneuver of rolling stock on infrastructure; b) evidence of all works in the field of infrastructure, whatever their phase; c) financial-accounting record of the infrastructure of the Romanian railways, with the reflection of all the expenses related to it. + Article 14 The realization of a new infrastructure of the Romanian railways or major projects of structural and/or technological changes of the Romanian railway infrastructure is subject to the legislation on public works and is endorsed by the Ministry National Defence, in order to frame them in the infrastructure of the national defense system. + Article 15 The execution of the modernization and adaptation of the infrastructure of the Romanian railways to technical and technological requirements imposed by safety or economic profitability considerations shall be endorsed by the S.N.C.F.R. and approved according to the law. + Article 16 (1) Maintenance works, capital repairs, modernization and investments in the field of Romanian railway infrastructure, as defined in art. 7, is financed from the state budget according to the law. ((2) The promotion of construction projects and new railway sections, for the modernization and/or development of existing sections, as well as for the buses for high speeds is made by the Ministry of Transport, at substantiated proposal of the S.N.C.F.R. ((3) The expenses for construction projects, upgrades and/or developments of railway sections will be financed from the state budget, from tariffs or from internal and external loans guaranteed by the state, as the case may be. + Article 17 Under the law, you can lease or rent portions of the infrastructure with the opinion of the Ministry of National Defence. + Article 18 ((1) The railway lines which, for reasons of economic profitability, do not carry out public transport, may be closed for public rail traffic. (2) The decision on maintaining in operation the respective line, the regime of exploitation or its closure for public circulation through conservation or decommissioning is approved by the Government, at the proposal of the Ministry of Transport and with Opinion of the Ministry of National Defence, based on the documentation elaborated by S.N.C.F.R. in collaboration with local public administration bodies. (3) The losses resulting from the maintenance of unprofitable lines, decided according to the provisions of art. 18 18 para. (2), shall be borne by the state budget. + Article 19 In the case of natural disasters, disasters or railway events, the affected elements of the Romanian railway infrastructure will be put back into operation as soon as possible, using the resources that can be mobilized for this purpose. the terms of the law, the orders and the specific instructions of the railway. + Chapter 4 Protection of the Romanian railway infrastructure + Article 20 (1) In order to carry out in good conditions the railway traffic and the prevention of railway events, the protection of the infrastructure of the Romanian railways is established. (2) The area of protection of the infrastructure of the Romanian railways means the surrounding land, situated on one side and another of the axis of the railway, regardless of the owner, within a maximum of 100 meters from the railway area, marked accordingly, as well as the land intended or serving, in any form, to ensure the operation of the infrastructure of the The concrete limits of the protection zones of the Romanian railway infrastructure are established on the basis of the regulations issued by the Ministry of Transport on the construction and protection of the railway, by state standards and are approved by decision of Government. (3) In the area of protection of the infrastructure of the Romanian railways, works can be carried out only on the basis of the S.N.C.F.R. opinion and with the approval + Article 21 In the area of protection of the infrastructure of the Romanian railways: a) the location of any construction, either on a temporary basis, the storage of materials or the establishment of plantations that prevent the visibility of the line and the railway signals; b) the use of red, yellow, green or blue indicators and lights, which could create confusion with rail signage; c) carrying out any works which by their nature could cause landslides, surpasses or damage to soil stability, including by cutting trees, shrubs, extracting building materials or changing the water balance; d) the storage of materials, substances or waste that could cause the degradation of the infrastructure of the Romanian railways, the protection zone of the Romanian railway infrastructure, as well as the normal conditions of traffic. + Article 22 (1) In the area of protection of the infrastructure of the Romanian railways, S.N.C.F.R. may temporarily place materials and machinery necessary for the maintenance of the infrastructure of the Romanian railways, in order to eliminate the consequences of railway events or preventing any imminent danger to ensuring rail traffic. In case of damage, S.N.C.F.R. will grant the owners of the affected goods a fair compensation, corresponding to the damage, established on the basis of negotiations, within a maximum of 30 days from the end of the work. In case of misunderstanding, the granting of compensation, and their amount shall be determined by court decision. (2) The right to temporary occupancy of the land is not conditional on the prior payment of compensation. + Article 23 On the route of the railway lines subject to snow, S.N.C.F.R. is entitled to use the area of protection of the infrastructure of the Romanian railways for the installation of parasapes. In the event of damage, on this occasion, the provisions of art. 22. + Article 24 The crossing of the railway by other communication routes is established, arranged, equipped and maintained in accordance with the provisions of the state standards and regulations issued by the Ministry of Transport, the Ministry of Interior and by local public administration bodies. + Article 25 (1) The crossing of the railway by pedestrians, vehicles or animals shall be made only by specially arranged places and only in compliance with the rules and prescriptions in force. (2) S.N.C.F.R. does not respond in case of accidents or other damage caused by non-compliance with the provisions provided in par. ((1). + Chapter 5 Organisation of railway public transport + Section 1 Common provisions + Article 26 Public transport on the railways will be organised so as to ensure a unified, balanced and functional system, according to the specificity of traffic safety, comfort and transport technologies by rail, in which to be carried out the functionality of the Romanian railway infrastructure in order to develop the entire range of offers for public transport services on railways, compatible with those carried out internationally. + Article 27 Public transport of national interest on the Romanian railways is organized by S.N.C.F.R. + Article 28 (1) For the performance of public transport services on the railways of local interest may be authorized other legal entities, in compliance with the provisions of this law. ((. Authorisation may be obtained, if the following conditions are met: a) have as their object of activity, mainly, shipments of passengers, goods and other goods; b) hold traction rolling stock necessary for the towing of trains and railcars with the technical and equipment characteristics imposed by the safety prescriptions of the railway traffic and the quality required by the transport service; c) comply exactly with the technical prescriptions, technological, organization and deployment of traffic and train maneuver, established for the access and circulation on the infrastructure of the Romanian railways in conditions of complete safety; d) have personnel attested by S.N.C.F.R. for the management of trains and motor rolling stock and personnel attested for the performance of training and verification operations of trains and motor rolling stock introduced into circulation in accordance with the specific prescriptions in force; e) have concluded with S.N.C.F.R. a convention governing the regime of movement, obligations and rights of use of the infrastructure of the Romanian railways and other facilities. + Article 29 The authorization of legal entities for the performance of public transport services on the railways of local interest shall be granted by the Ministry of Transport, based on the methodology established by order of the Minister and only after the confirmation by S.N.C.F.R. and the Romanian Railway Register of fulfilling the conditions provided in art. 28. + Article 30 During the course of the activity, authorized legal entities are obliged to realize, at the deadlines and at the technical parameters provided in the prescriptions for the safety of railway traffic, all verification, maintenance and repairs for rolling stock or entered into circulation. + Article 31 Staff with tasks in the safe movement of legal persons authorised for carrying out public transport services on the railways shall be subject to the working arrangements and duties provided for in the railway traffic safety rules and in the safety prescriptions of the movement on selection, schooling, regular examination of knowledge and skills and attestation for specific tasks in the safety of rail traffic. + Article 32 Authorization obtained according to art. 28 shall be maintained only if the respective legal person presents to the specialized body for the safety of the railway traffic, at the time limits, the documents required in the specific instructions certifying the fulfilment of the obligations 28 28 and 30. + Section 2 Organization of S.N.C.F.R. + Article 33 (1) S.N.C.F.R. has as its object of activity the transport of passengers, luggage, goods and other goods by rail and the administration of the infrastructure of the Romanian railways in order to satisfy the public interest and defense of the country. (2) S.N.C.F.R. shall exercise powers in accordance with this law, as well as with other legal provisions. + Article 34 (1) The management of S.N.C.F.R. shall ensure, under the law, by the president and by the board of directors composed of 11-15 persons. (2) The President of S.N.C.F.R. is also the Chairman of the Board. (3) The President of the S.N.C.F.R. and the Management Board shall be appointed by the Minister of Transport + Article 35 The organizational structure, operation and powers of the S.N.C.F.R. are approved by the board of directors, with the opinion of the Minister of Transport + Article 36 (1) The organizational structure of the S.N.C.F.R. is established so that the field of activity that includes the operation, management and development of the Romanian railway infrastructure is organized distinctly, with separate accounting, within the the general accounting of the autonomous direction. (2) The areas of activity that carry out the public rail transport service must be organised on compartments corresponding to the main market segments of public passenger and freight rail transport. (3) S.N.C.F.R. establishes its own internal structure, the functions and the size of the functional compartments and establishes the structure, the degree of decision-making autonomy and the attributions of subunits, subsidiaries, branches, agencies and Representations. (4) In the structure of S.N.C.F.R. operates a general direction for the infrastructure that prepares its own balance sheet, on infrastructure management, an integral part of the balance sheet concluded by S.N.C.F.R. + Article 37 S.N.C.F.R. must ensure the transport of passengers and goods in conditions of economic profitability, for which purpose: a) establish and adapt, under the conditions of the regulations in force, the tariffs for public passenger and freight transport, as well as other benefits and services in its field of activity; b) elaborates the prescriptions, establishes the technologies, norms and labor norms specific to their own activity; c) initiates and concludes, under the law, conventions and international transport contracts according to the international regulations in force; d) participate in their own name in the similar international railway cooperation bodies or in related fields; e) establish branches, subsidiaries, agencies and representatives in the country and abroad; f) negotiates the obtaining of current loans, guaranteed with the goods it has in the property; g) may hold or participate with social capital in other legal entities, decide, under the law, association with Romanian or foreign legal entities, without establishing a new legal person; h) may associate with third parties natural or legal, Romanian or foreign, in order to create new companies; i) may grant to natural or legal persons facilities and gratuities of travel or transport on the Romanian railways, on the proposal of the Council of Administration of S. N. C. F. R and with the approval of the Government; j) may organize the autonomous operation of activities constituted in its organizational structure, including by association with private companies; k) for the purpose of judicious organization of public rail transport, it has the right to introduce or withdraw transport services, to introduce or withdraw the service from passenger or cargo stations, in compliance with the conditions of the contract of activity referred to in art. 44 and the provisions of this law; l) organize and ensure the operation of its own security and preservation structures, under the conditions of this law; m) elaborates the draft revenue and expenditure budget, which is approved by the Government, with the opinion of the Ministry of Transport + Article 38 (1) S.N.C.F.R. may organize and carry out production activities, tourism, domestic and international trade, service supplies, as well as transport based on technologies other than the railway, in compliance with the legal norms in force that regulate these activities. The conduct of these activities shall be carried out on the principle of economic (2) Also, S.N.C.F.R. can organize its own research, design, computer science, education, medical assistance, occupational medicine and psychology, applied psychology, professional improvement, taking measures to endow necessary technical-material means; edit publications and works related to production, science and technique, specific to the activities they carry out; make proposals on state standards in the field of railway transport, of construction and technical achievements in the field. + Section 3 S.N.C.F.R. Staff. + Article 39 (1) The personnel of S.N.C.F.R. shall be subject to the provisions of the Staff Regulations of the National Society of Romanian Railways, approved by Government decision, the collective agreement concluded annually, at the level of S.N.C.F.R., as well as orders and specific instructions for transport on the railways. (2) Provisions of para. (1) shall also apply to the personnel of the health care, occupational medicine and psychology units, applied psychology and educational establishments organized in the structure of S.N.C.F.R. + Chapter 6 Rail traffic safety + Article 40 Public transport on the railways must be carried out in a climate of firm discipline, ensuring the necessary conditions for the full safety of passengers and transported goods. + Article 41 In order to achieve the safety of railway traffic, S.N.C.F.R. exercises, within the limits of approved competences, the following a) ensure the general conditions of public rail transport and apply the measures of safety of traffic by rail, in order to prevent railway events; b) develop and propose rules, instructions and regulations on the activities they carry out, mandatory, as the case may be, and for the beneficiaries of transport, for legal entities authorized to perform public transport activities on the railways of local interest and for the holders of industrial lines and means of transport by rail with access to the infrastructure of the Romanian railways; c) develop and approve instructions for technical exploitation; d) organize and exercise, through specialized bodies, the permanent control of the activity of exploitation, production and safety of railway traffic; e) exercises permanent control in matters relating to the proper functioning, maintenance, repair of the means of transport, railway lines, installations, machinery and machinery and acts to prevent any causes that may cause disturbances in the conduct of public rail transport and production processes; f) take measures for the rational and safe use of means of railway transport, installations, machinery and machinery, in order to comply with the technical regulations on their maintenance and repair; g) proposes for approval or approves, under the law, feasibility studies for modernizations and new investment objectives that concern transport on railways, design or execution of new investment objectives and participate in reception and their commissioning, in accordance with approved programmes; h) establishes the construction characteristics of railway means and technical solutions for the construction and commissioning works of new railway lines and transport facilities on the railways, as well as in the case of upgrading existing ones; i) endorse the operation of railway means and exercise technical control on railway lines that have access to the infrastructure of the Romanian railways, verify the training and capacity of the personnel serving them, under the conditions established by the regulations in force, of the Romanian railways; j) it endorses the technical characteristics of the complex installations to be imported, as well as of the unique machines and installations, of great importance, to be procured from the country or abroad, for transport on the railways; endorses, in accordance with the regulations in force, the execution of any kind of construction works and installations that run in the area of the infrastructure of the Roman railways or that may affect the stability and safety of the horses and facilities railway; k) proposes for approval technical norms regarding the operation, maintenance and repair of means of transport; l) approve normative, regulations and service instructions for the operation, maintenance, safety of railway traffic, design and repair of railway lines, installations, rolling stock, constructions and all machinery in Equipment; m) ensures and pursues the execution of construction-assembly and repair works of means provided; n) organize the reception of rolling stock, railway lines, installations, equipment, etc., at the supplier and repair units, in order to ensure a proper quality and their safety for rail traffic; o) establishes, in compliance with the legal provisions, the labor norms, personnel norms, functions and trades in the railway activity, as well as their liability to the safety of traffic; p) elaborates and proposes for approval the criteria for classification of equipment, material and components in relation to their importance in the safety of railway traffic; r) elaborates and proposes for approval the methodological norms for the verification and attestation of the quality, safely in the railway, of all the equipment, material and components used in the circulation of the Romanian railways and which are important for the safety of rail traffic s) elaborates and proposes for approval the methodological norms for the selection, schooling, verification of the knowledge and psychophysical skills of all personnel with attributions in the safety of traffic on the Romanian railways; t) elaborates and proposes the methodological and quality norms for the maintenance and repair of all the equipment, material and components used, with relevance in the safety of traffic on the railways; u) counterpart all equipment, materials and components that must meet safety conditions in the railway sense and endorse the production, repair and maintenance technologies for installations, equipment and rolling stock; v) authorise the personnel responsible for the safety of the movement by rail, as well as the one carrying out verification tasks and methodological guidance for the safety of rail traffic; x) exercise its own permanent control in any matters related to the safety of rail traffic and act to prevent any causes that may cause deviations from it; z) cooperate, through the specialized own bodies, in accordance with the specific railway regulations, as the case may be, with the bodies of the Prosecutor's Office, the Ministry of Interior, the Ministry of Health and other bodies provided by law, the evacuation of persons and goods endangered by railway events, for the limitation and removal of the consequences caused by them and for the resumption of rail traffic, as well as for the determination of the causes, circumstances and culprits which have led to the production of such events. + Article 42 In the framework of the exercise of duties on the safety of rail traffic, S.N.C.F.R. applies the legal regulations in force for the authorization and control of rail transport activity on industrial lines + Article 43 S.N.C.F.R. is the depositary of norms, methodologies, prescriptions and instructions with specific rail, which apply unitary on the Romanian railways. + Chapter 7 Relations between S.N.C.F.R. and public institutions + Article 44 The relations between S.N.C.F.R. and public institutions are regulated on the basis of the activity contract of the National Society of Romanian Railways, concluded between the Ministry of Transport, as representative of the Government and S.N.C.F.R. + Article 45 (1) The activity contract of S.N.C.F.R. shall be drawn up by the S.N.C.F.R. together with the Ministry of Transport and shall mainly include the following: a) the main quantitative and qualitative indicators of the activity of transport of goods and passengers, to be fulfilled by S.N.C.F.R.; b) the activities of the S.N.C.F.R. in the exercise of the tasks of ensuring the functioning, maintenance and development of the infrastructure of the c) the complete list of social services to be executed by S.N.C.F.R., in accordance with the provisions of the normative acts in force; d) activity of S.N.C.F.R. in providing services on medical-sanitary, educational and cultural-sports; e) Government's responsibilities regarding the proper functioning of public rail transport, including transfers from the state budget for railway infrastructure, for educational and health care activity, as well as the necessary amounts S.N.C.F.R. compensation for social services, within the limit in which normative acts provide for the need to provide facilities for rail transport. (2) It is forbidden to provide in the contract for the activity of railway transport by infrastructure segments that do not correspond to the rules of safety of traffic by rail. (3) The difference between the tariffs of public rail transport, established with the Government's agreement, and the actual costs shall be borne by the state budget, according to the + Article 46 The activity contract of S.N.C.F.R. ends for a duration of 4 years, is approved by the Government and updated annually, after the approval of the state budget. + Article 47 S.N.C.F.R. may conclude conventions with local public administration authorities and legal entities, for transport activities of local interest, requested by them, with the obligation of coverage by the applicant for the transport of the cost, if the revenues from carrying out the transport do not cover the costs. + Article 48 Authorized legal entities, which carry out public transport activities by rail of local interest, conclude conventions with beneficiaries, under similar, non-discriminatory conditions, in relation to those concluded by S.N.C.F.R. + Chapter 8 Ensuring security, public order and combating anti-social acts in public transport on the Romanian railways + Article 49 The public order, according to the legal provisions, on trains, railway stations and other places on the territory of the railways, as well as the security of some transports shall be ensured by the police-transport inspectorates, from the structure of the Romanian Police, on concluded between the Ministry of Transport and the Ministry of Interior, as well as by the Railway Guard Corps, constituted according to the law. + Article 50 (1) The security of objectives of strategic importance in the administration and endowment of S.N.C.F.R. shall be ensured by the Ministry of National Defence and/or the Ministry of Interior on the basis of convention concluded with S.N.C. (2) The Ministry of National Defence shall ensure the security of military and strategic transport, according to the programs established together with the Ministry of Transport and with the S.N.C.F.R. + Article 51 (1) S.N.C.F.R. has in its structure the Corps of railway guards, whose activity is carried out on the basis of the organization and functioning regulation approved by Government decision. (2) The personnel of the Railway Guard Corps shall ensure the security of the goods and other values of the Romanian railway, of the goods entrusted by the legal or physical persons, beneficiaries of railway transport, participate directly in the fight against manifestations of violence, theft and destruction of property, the neutralization of actions likely to prevent the normal conduct of activity on the Romanian railways, in railway stations, trains and other railway spaces, as well as in combating any other facts affecting public order and tranquility in the territory of the Romanian railways . (3) In the case of flagrant offences, the staff of the Railway Guard Corps shall have the right and the obligation to immobilize the perpetrator and to surrender him, immediately, to the nearest police body, together with the material means of proof and with the minutes of taking these measures. + Article 52 The staff of the railway guard corps cannot organize or participate in striking actions. + Article 53 (1) In the exercise of their duties, the personnel of the Railway Guard Corps shall have uniform, C.F.R., distinctive equipment according to the function, protective equipment, firearms and related ammunition, white weapons, handcuffs, radio stations broadcast-reception, rubber sticks, devices with irritant-tear substances and other means of individual defense, as well as dogs, according to the legal provisions and norms established in the organization and functioning regulation. (2) The fire weapons and the related ammunition necessary for equipping the personnel of the railway guards ' Corps shall ensure, free of charge, by the organs of the Ministry of Interior, and the necessary funds for uniforms, insignia, equipment and means of protection and individual defense and the ammunition used is provided from the own funds of the S.N.C.F.R. + Article 54 The staff of the S.N.C.F.R. with duties on security, public order and control of trains, railway stations and other units on the territory of the railway is assimilated, in the exercise of their duties, to persons who perform a function that involve the public authority exercise. + Article 55 The staff of the railway guard corps has the right and obligation to find and sanction, under the law and the Government's decisions, the contraventions given in the competence of finding and sanctioning public guards, according to Law no. 26/1993, if the facts are committed on trains, train stations or other units on the territory of the Romanian railways. + Chapter 9 The heritage elements of the S.N.C.F.R. + Article 56 (1) The patrimony elements of S.N.C.F.R. are made up of assets owned by the Romanian railway, public property of the state, its date in administration. (2) The nomination and evaluation of the heritage elements shall be made according to the law, on the basis of the legal records regarding the origin and the titles justifying the legal grounds of the acquisition. + Article 57 For the purpose of the youth of the property of real estate owned or in the administration of S.N.C.F.R., of ensuring the opposability of their securities to third parties and of initiating the necessary actions for the recovery or acquisition of new values patrimoniale, S.N.C.F.R. draws up records and own documentation of cadastre, under the law. + Chapter 10 Sanctions + Article 58 Damage and/or impairment in any form of the railway line, of the safety installations of railway, telecommunications, any goods or facilities related to the infrastructure of the Romanian railways shall be punished according to the criminal law. + Article 59 In case of non-compliance with 21, S.N.C.F.R. will act immediately, by legal means, to stop any works or to abolish the constructions prohibited by law without payment of any compensation, as well as for the recovery of damages produced in the protection zone of infrastructure of the Romanian railways. + Article 60 Failure to meet the obligations provided for in 30 and 32 entails the total or partial withdrawal of the authorization of the performance of public transport services, as well as the criminal or contravention liability, as the case may be, of the legal or natural person responsible for the consequences generated by such situations. + Article 61 The facts that constitute contraventions to the rules on transport on the Romanian railways, including those that constitute contraventions to the norms of protection of the infrastructure of the Romanian railways, the sanctions that apply and the authorized bodies to sanction these facts are established by Government decision. + Article 62 For non-compliance with the provisions included VI and VII, S.N.C.F.R. responds according to the law. + Chapter 11 Transitional and final provisions + Article 63 (1) Within 30 days from the date of publication in the Official Gazette of Romania of the present law, S.N.C.F.R. together with the Ministry of Transport shall draw up and submit for approval to the Government the activity contract of the National Society of Roman Railways. (2) In the same term, the Ministry of Transport will submit to the Government the draft staff status of S.N.C.F. + Article 64 (1) This law shall enter into force after 30 days from the date of its publication in the Official Gazette of Romania. The same date shall be repealed: Law on exploitation and police of the Romanian Railways no. 118/1937 ,, published in the Official Gazette, Part I, no. 76 76 of 1 April 1937; Decree no. 523/1973 on the approval of the retrenched standard tariffs, as well as some measures to establish the retrenched tariffs, for the transport of goods by rail and by car, published in the Official Bulletin no. 146 146 of 28 September 1973; Decree no. 311/1987 on the approval of tariffs in transport, mail and telecommunications; H.C.M. no. 57/1952 on the operational planning of transport, published in the Official Bulletin no. 3 3 of 15 January 1952; H.C.M. no. 2.026/1952 on the reduction of the term of loading, unloading of goods, as well as the increase of contrasts and location fees for exceeding the free time limits of loading, unloading by rail, naval and automotive means, published in the Collection of Decisions and provisions of the Council of Ministers no. 1 1 of 10 October 1952; H.C.M. no. 2.138 2.138 of 30 October 1954 on the taking up of the customs clearance formalities by the State Enterprise for Transport and International Expeditions "Romtrans"; H.C.M. no. 941/1959 on certain measures related to the movement of goods between socialist organizations, in order to ensure the integrity of goods on expedition, transport and destination, published in the Collection of Decisions and provisions of the Council of Ministers no. 26 26 of 25 July 1959; H.C.M. no. 362/1960 for the approval of the amendment of the Regulation on the reception, dispatch and receipt of goods, and the establishment of the responsibility of the sender, the carcass and the recipient in the movement of goods between H.C.M. no. 941 941 of 25 July 1959 and published in the Collection of Judgments and Provisions of the Council of Ministers no. 17 17 of 18 May 1960; H.C.M. no. 1.034 1.034 of 15 July 1970 on certain measures to optimise transport by rail of raw materials and mass materials and any other provisions to the contrary. (2) Within 30 days from the date of publication of this law, the Ministry of Transport will present to the Government the draft law on the transport regulation by rail. This law was adopted by the Senate at the meeting of September 30, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT ION SOLCANU This law was adopted by the Chamber of Deputies at the meeting of September 30, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE ----------------