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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LAW No. 129 of 16 October 1996 relating to carriage by the railways of the Romanian PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 268 of 30 October 1996 the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) for the purposes of this law, by means of public transport by rail ' means the carriage of passengers, baggage, cargo and other goods on railways.
  

(2) public passenger transport by railway, cargo, luggage and other goods shall be carried out on the basis of the contract of carriage.
  

(3) the contract of carriage ends and are executed in accordance with the provisions of the commercial code, the Regulation of railways and of the international conventions to which Romania is a party.
  


Article 2 the public transport by rail is, by its nature, a strategic sector of the national interest, represents an essential service to society, contribute to the fulfilment of the right to freedom of movement, in addressing the major interests of the economy and ensure the transport of persons, goods and other goods inside the country and in international traffic, with high levels of safety, eco-friendly, effective, and satisfying the needs of specific tasks for the defense of the country According to the law.


Article 3 (1) public transport by rail is organized and is carried out on principles of commercial market, mainly by the National Railway Company, hereinafter abbreviated C.F.R. S.N.C.F.R., logo, which has the status of an autonomous regie national interest, under the authority of the Ministry of transportation. It works on the basis of economic management and financial autonomy and shall receive allowances from the State budget under the terms of the contract referred to in article activity. 45. (2) budget allocations are assigned for the Romanian railways and infrastructure for the realization of projects of national importance which ensures the integration of Romania in the european rail system. For social services, the competent public authorities, through the regulatory act which provided for performing such services will ensure appropriate compensation S.N.C.F.R..
  


Article 4 S.N.C.F.R. has the railway infrastructure administration, State property, and holds in its property assets it has in endowment and those obtained in its own name on any basis.


Article 5 under this law, may be authorised to carry out public transport rail and other juridical persons Romanian railways infrastructure of local interest in the administration of S.N.C.F.R.


Chapter 2 the State Authority in the field of railway transport in article 6 the Ministry of transport is the State authority in the field of railway transport, which, in this capacity, exercise the following powers: a) approve mandatory rules and safety regulations general circulation in railway transports and to supervise compliance with them;
  

b) exercise control by the State, through its own inspection, body control and supervision, the regulation of domestic and international railway transport in specific activities;
  

c) assert her authority registry through the registry of the Romanian rail;
  

d authorizes legal entities) to carry out public transportation and provide authorization, from the technical point of view, of carrying out the construction, maintenance and repair of the infrastructure elements of the Romanian railways and rolling stock;
  

(e) approve the rules and regulations) be binding on the holders of industrial railways and transportation by rail have access to railway infrastructure, and, where appropriate, for beneficiaries of transport;
  

f) approves the operation manuals on the operation of technical infrastructure of the Romanian railways;
  

g) approve the parameters ai minimi railway infrastructure, appropriate internal rules established by international agreements to which Romania is a party;
  

h) sets mandatory technical standards of design, construction and repair of means of transport, so that they correspond to in the cases of national defense;
  

I endorse specific rules) safety in railway transports in accordance with internal legislation and international agreements to which Romania is a party;
  

j) coordinates the security system of railways and public transport activities to prevent and combat illicit acts;
  

k) approve feasibility studies, financed from the State budget, for upgrades and new goals, which concern the activity of public transport by rail, within the limits of competences laid down in the legislation in force;
  

l) approve, in accordance with the law, making transport rules.
  


Chapter 3 of the Romanian railways Infrastructure and ensuring its servants Article 7 (1) of the Romanian railways Infrastructure constitute public property of the State, being made up of all the elements necessary for the movement of rolling stock for the purposes of public rail transport service, safe, appropriate technologies and specific regulations of rail transport.
  

(2) the elements of the ensemble forming the infrastructure of the Romanian railways are: a) the lines, open public circulation, the land on which they are related actually built and land on both sides of the railway axis, necessary for operation within the concrete targets set in State standards and by decisions of the Government, on the basis of the proposals raised by the S.N.C.F.R., Ministry of transport;
  

b) art works: bridges, tunnels, viaducts and other related lines also opened for public use on the railways;
  

c) geotechnical works of protection and consolidation of plantations and railway lines and protection related grounds on which they are located;
  

d) safety and driving the stock rail movements;
  

e) triajele network of railways and related land;
  

f) electrification installations, processing plants and related land;
  

g) telecommunications facilities which ensure the transmission of information for safety and operational leadership of the movement;
  

h) buildings which contain interlocking installations only, railway electrification and telecommunications, including constructions of any kind and their related land affected;
  

I) facilities are used for the maintenance, repair and modernization of railway infrastructure.
  

(3) concrete Elements of the ensemble forming the infrastructure of the Romanian railways shall be established by decision of the Government.
  

(4) are not part of the Romanian railways infrastructure: a) safety installations, movement, speed control, data exchange and track-to-train, located on rolling stock;
  

(b) the construction of any kind), land and lines used for technological activity of rail transport;
  

c), equipment and telecommunication terminals and the electronic data processing, which are only used for the commercial operation of public transport services on the railways.
  


Article 8 of the Romanian railways infrastructure Operation ensure uninterrupted by the way the S.N.C.F.R. and is achieved by: a) ensure the operation of all State lines, installations and other elements of the infrastructure, the parameters established under article 14 hereof. 6 lit. g);
  

b) circulation operatively and manoeuvre their trains for moving rolling stock to and from the stabling tracks, industrial printing lines, depots, draws and other areas that give access to rolling stock on the open circulation;
  

c) rolling stock facilities with it support from the State budget, after using its own financial resources, in accordance with the legal regulations.
  


Article 9 parameters of railway infrastructure elements must correspond to the Romanian national regulations, established by international agreements or specific to which Romania is a party. These parameters must ensure the compatibility of Romanian railways infrastructure in whole or on the directions and color with an international ensemble of railroads.


Article 10 parameters of railway infrastructure elements, established under article 14 hereof. 9, specified in the contract of S.N.C.F.R., as referred to in art. 44. Article 11 of the Romanian railways infrastructure Elements, including land on which these goods are located, as well as land used for this purpose, from the moment of their entry into possession, shall be exempt from any tax.


Article 12 (1) access and circulation on the infrastructure are allowed under the condition of compliance with the standards and requirements of specific railway and only with S.N.C.F.R. opinion
  

(2) Groups which carry out international combined transport are supported for movement on railway infrastructure in accordance with the law and international agreements to which Romania is a party.
  


Article 13 the Romanian railways infrastructure Management is performed by the ensemble's S.N.C.F.R. meeting Economic and technical functions necessary for: a record-keeping and the management of movement) and the rolling manoeuvre on the infrastructure;
  

b) works in the obvious infrastructure, whatever their phase;
  


c) record of financial and accounting infrastructure of the Romanian railways, with coverage of all expenses related thereto.
  


Article 14 completion of a new infrastructure of the Romanian railways or major projects of structural changes and/or technological infrastructure of the Romanian railways shall be subject to the legislation on public works and endorsed by the Ministry of national defence, for the purposes of their classification in the national defence system.


Article 15 execution of modernization and adaptation of the Romanian railways infrastructure from technical and technological requirements imposed by considerations of safety or economic profitability endorsed by S.N.C.F.R. and is approved according to law.


Article 16 (1) the maintenance work, overhauls, modernization and investment in the field of railway infrastructure, as defined in art. 7, is financed from the State budget according to the law.
  

(2) the promotion of projects for construction and new railway sections, for modernization and/or development of existing sections, as well as for buses intended for high speeds is done by the Ministry of transport, based on the proposal of S.N.C.F.R.
  

(3) expenses for special projects, upgrades and/or development of sections of the railway will be financed from the State budget, from fares and from internal and external loans guaranteed by the State, as appropriate.
  


Article 17 In accordance with the law, they can lease or lease portions of the infrastructure with the opinion of the Ministry of national defence.


Article 18 (1) lines, which, for reasons of economic profitability, not public transport takes place may be closed to the public railway movement.
  

(2) the decision on maintaining the operation of the line concerned, the scheme of exploitation or closing for public circulation through preservation or destruction shall be approved by the Government on the proposal of the Ministry of transport and the Ministry of national defence, on the basis of documentation drafted by the S.N.C.F.R. in collaboration with local public administration bodies.
  

(3) loss by keeping the operation of unprofitable lines, as lover family. 18 paragraph 1. (2) support from the State budget.
  


Article 19 in the event of natural disasters, disasters or events, the affected elements of the Romanian railways infrastructure will be put back into service as soon as possible, using the resources that can be mobilized for that purpose in accordance with the law, the orders and instructions specific to railways.


Chapter 4 the Romanian railways infrastructure protection in article 20 (1) for the purposes in good condition of railway circulation and preventing railway events, area is hereby established for the protection of the Romanian railways infrastructure.
  

(2) the protection of the Romanian railways infrastructure means adjacent land, on both sides of the railway axis, regardless of owner, up to a maximum of 100 meters of the railway area, marked appropriately, as well as land used for industrial or serving, in whatever form, to ensure the railway infrastructure officers. The limits of protection areas of the Romanian railways infrastructure shall be determined on the basis of standards issued by the Ministry of transport regarding the construction and protection of railways, through the State standards and are approved by decision of the Government.
  

(3) in the area of protection of the Romanian railways infrastructure can run only works on the basis of S.N.C.F.R. and with the approval of the Ministry of transportation.
  


Article 21 in the area of protection of the Romanian railways infrastructure shall be prohibited: (a) the location of any construction) and temporary storage of material or the establishment of plantations which hinder the visibility of the line and railway signals;
  

b) using indicators and lights red, yellow, green or blue, which could cause confusion with the railway signalling;
  

c) performance of works which by their nature could cause landslides, soil stability is impaired or surpari, including the cutting of trees, shrubs, extraction of construction materials or alteration of groundwater balance;
  

d) storage of materials, substances or wastes which may cause degradation of the railway infrastructure, in the area of protection of railway infrastructure, as well as the ongoing requirements of the trafficking in human beings.
  


Article 22 (1) in the area of protection of railway infrastructure, S.N.C.F.R. may be temporarily necessary materials and equipment for railway infrastructure maintenance, in order to eliminate the consequences of the events, or preventing any imminent danger for ensuring circulation. In case of damages, property owners will be given S.N.C.F.R. affected a fair compensation corresponding to the damage, established on the basis of negotiations, no later than 30 days after completion of the work. In case of misunderstanding, indemnification, and the amount thereof shall be determined by the Court.
  

(2) temporary employment Law of the land shall not be subject to prior payment of the compensation.
  


Article 23 on the railway lines subject to inzapezirilor, S.N.C.F.R. is the right to use the area of the protection of the Romanian railways infrastructure for installing snow fences. In the event of damage, on this occasion, shall apply the provisions of article 4. 22. Article 24 of the Railway Crossing to other ways of communication, it can be set up, it equips and is maintained in accordance with State standards and with the regulations issued by the Ministry of transport, Ministry of the Interior and local government bodies.


Article 25 (1) Railway Crossing by pedestrians, animals or vehicles shall be carried out only by specially equipped places and only in compliance with the rules and requirements in force.
  

(2) S.N.C.F.R. is not responsible in case of accidents or other damage caused by non-compliance with the provisions laid down in paragraph 1. (1) Chapter 5. Organization of transport railway public section 1 common provisions article 26 on public transport by railways will be organized in such a way as to ensure a balanced and uniform system, functionally, according to specific requirements of the safety, comfort and technology for transport by rail, to build the functionality of the railway infrastructure in order to develop the full range of offerings for public transport services on the railways compatible with those made elsewhere.


Article 27 national public Transports on Romanian railways is organised by S.N.C.F.R.


Article 28 (1) for making public transport services on the railway of local interest may be authorized and other juridical persons, in compliance with the provisions of this law.
  

(2) the authorization may be obtained if the following conditions are met: a) have as their objects, mainly, transport of passengers, goods and other property;
  

b) hold the traction rolling stock necessary for hauling trains and trains with railcars, technical characteristics and equipment safety requirements imposed by the railway circulation and quality required by the transport service;
  

c) adhere to the technical prescriptions, technological, organization and conduct of the circulation and handling of trains, set up for access and movement on the Romanian railways infrastructure in conditions of complete safety;
  

d) have personally certified by S.N.C.F.R. for driving trains and rolling stock and personnel certified for operations training and checking the train engine and rolling stock introduced into circulation in accordance with the specific regulations in force;
  

e) have concluded an agreement with the S.N.C.F.R. governing the movement, obligations and rights for the use of railway infrastructure and other amenities.
  


Article 29 authorizing persons to perform legal services for public transport on the railways of local interest is granted by the Ministry of transport, based on the methodology set out by order of the Minister and only after confirmation by the Romanian railway Register S.N.C.F.R. and of the fulfilment of the conditions laid down in article 21. 28. Article 30 during the activity, the legal entities authorised to carry out, are bound by the time limits and the technical parameters set out in the regulations for railway safety, all checking operations, maintenance and repairs for rolling or introduced into circulation.


Article 31 Staff with tasks in the safety of the persons authorized to perform legal services for public transport on railways shall be subject to the system of work and duties laid down in the rules of safety of use on the railways and safety prescriptions of the movement regarding the selection, periodic examination of schooling, knowledge and skills, and an attestation for specific tasks in railway safety.


Article 32


Authorization obtained under art. 28 is maintained only if the legal person that presents specialized body for railway safety, the timelines, documents required in the specific instructions that meet the obligations under article 4. 28 and 30.


Section 2 of the S.N.C.F.R. Organization


Article 33 (1) S.N.C.F.R. the shipment activity of passengers, baggage, goods and other goods by rail and railway infrastructure administration in line with the public interest and the defence of the country.
  

(2) S.N.C.F.R. exercise powers in accordance with this law and other laws.
  


Article 34 (1) S.N.C.F.R. ensure Leadership, according to the law, the Chairman and the Board of Directors composed of 11-15 people.
  

(2) the President of S.N.C.F.R. is also President of the Administrative Council.
  

(3) the President of the S.N.C.F.R. and the Board of Directors shall be appointed by the Minister of transport.
  


Article 35 organizational structure, functioning and tasks of S.N.C.F.R. shall be approved by the Board of Directors, on the advice of the Minister of transport.


Article 36 (1) the organizational structure of S.N.C.F.R. shall be fixed so that the field of activity includes the operation, management and development of infrastructure of the Romanian railways to be organized, with separate accounts within the general accounting of the public corporation.
  

(2) areas of activity which carries rail public transport service should be arranged in bins corresponding to major segments of the market of public transport by rail of passengers and of goods.
  

(3) it shall draw up its own S.N.C.F.R. internal structure, functions and functional compartments and size determines the structure, the degree of autonomy and decision-making powers of the subunits, subsidiaries, branches, agencies and representative offices.
  

(4) The structure of the S.N.C.F.R. operates a Directorate General for infrastructure which draws up its own balance sheet, infrastructure management, an integral part of the balance between the S.N.C.F.R.
  


Article 37 S.N.C.F.R. should ensure the carrying out of passenger transport and goods in terms of economic profitability, where purpose: a) establishes and adapts itself, under the regulations in force, tariffs for public passenger transport by rail and commodities, as well as other benefits and services in the field or activity;
  

b) develops requirements, establishes norms and rules technologies, job specific;
  

c) initiates and concludes, in accordance with the law, conventions and international agreements, according to the international regulations in force;
  

d) participate on their own behalf at international cooperation bodies similar to rail or in related areas;
  

e establish branches, subsidiaries), agents and dealers in the country and abroad;
  

f) negotiated getting loans, secured with goods that he owns;
  

g) can hold or participate in social capital to other legal persons, to decide, in accordance with the law, the association with Romanian or foreign legal persons, without setting up a new legal entity;
  

h) can be associated with third persons or legal entities, Romanian or foreign, for the purpose of the creation of new companies;
  

I) may be granted to natural or legal persons and travel or transportation allowances on Romanian railways, on a proposal from the Board of Directors of the S.N.C.F. R and with the approval of the Government;
  

j) can organise an autonomous operation activities are incorporated into their organizational structure, including through its association with companies with private capital;
  

k) for the purpose of organizing the judicious public transport by rail, has the right to introduce or withdraw transport services, to introduce or withdraw from service stations for passenger or goods, in compliance with the conditions of contract activity; 44 and the provisions of this law;
  

l) organizes and operate its own security structures and preserving law and order, under the present law;
  

m) draft budget of income and expenditure, which shall be approved by the Government on the advice of the Ministry of transport.
  


Article 38 (1) S.N.C.F.R. can arrange and can perform production activities, tourism, trade, domestic and international services, as well as transport based on other technologies than the railway, in compliance with the legal rules in force governing these activities. The activities concerned are carried out on the principle of self-administration.
  

(2) S.N.C.F.R. also can organize their own activities of research, design, computer science, education, health care, medicine and psychology of work, applied psychology, professional training, taking measures for endowing the material means necessary; Edit publications and papers relating to production, science and technique, specific activities they carry out; makes proposals concerning the State standards in rail transport, construction and technical achievements in the field.
  


Section 3 of the staff S.N.C.F.R.


Article 39 (1) is subject to the provisions of Staff S.N.C.F.R. staff regulations national society of Romanian Railways, approved by decision of the Government, collective labour contract concluded on an annual basis, to the S.N.C.F.R., as well as specific instructions and orders of the railways.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to the staff of healthcare, medicine and psychology, applied psychology and educational units organized in S.N.C.F.R. structure
  


Chapter 6 railway safety Article 40 public transport on railways shall be conducted in a climate of discipline, building the conditions necessary for the full safety of the passengers and goods transported.


Article 41 for the purposes of railway safety, S.N.C.F.R. exercise, within the limits of competences have been approved, the following powers: (a) General conditions) provide public transport rail and apply safety measures of the movement by rail, in order to prevent the events of the railroad;
  

b) develops and proposes rules, instructions and regulations on activities they conduct, mandatory, if applicable, and for the beneficiaries for legal persons authorized to provide public transport activities on railways of local interest and for holders of industrial lines and means of transport by rail with access to Romanian railways infrastructure;
  

c) develops and approves the operating instructions;
  

d) organizes and carries through its own organs, continuous monitoring of operating activity, production and safety of railway traffic;
  

e) exercise control in issues related to the proper operation, maintenance and repair of means of transport, railway lines, installations, equipment and machinery and act to prevent any causes which may produce noise in the conduct of public transport by rail and manufacturing processes;
  

f) ensure rational use and safe rail transport vehicles, equipment, installations and machinery, for compliance with technical norms concerning their maintenance and repair;
  

g) proposes to approve or approve, in accordance with the law, feasibility studies for upgrades and new investment targets concerning transport by railways, designing or implementation of new investment objectives and participate in reception and at commissioning, in accordance with the approved programmes;
  

h) establishes the characteristics of construction of rail transport and technical solutions for the construction and commissioning of new railway lines and installations on railways, as well as in the case of upgrading existing ones;
  

I give consent to the means of functioning) rail and controlling technical railway lines that have access to railway infrastructure, personnel training and ability check it serves under the conditions laid down by the regulations in force, their own Romanian railways;
  

j) endorses the technical characteristics of complex installations that are to be imported, and of machinery and plants unique, high importance, to be purchased in the country or abroad, for carriage on the railway; give consent, in accordance with the regulations in force, the execution of any kind of building and installation works which are executed in the Romanian railways infrastructure area or which may affect the stability and safety of paths and railway installations;
  

k) propose for approval to the technical rules concerning the operation, maintenance and repair of means of transport;
  

l) approve normative regulations and instructions for operation, maintenance, safety rail safety, design and repair the tracks, rolling stock, equipment, construction and all the machinery;
  

m) ensure and follow execution of construction-Assembly and repair of the assets;
  


n) organizes the reception of rolling stock, railway lines, installations, equipment, etc., at supplying and repairing units, in order to ensure their proper and safety qualities for the movement of railway;
  

a) sets out, in compliance with the legal provisions, the rules work, personal codes, and crafts from the railroad, as well as their responsibility toward the safety of circulation;
  

p) develop and propose for approval the criteria for the classification of equipment, material and components in relation to their importance in railway safety;
  

r) develops and proposes to approve the methodological norms for verifying and certifying the quality, safe in respect of rail equipment, material and components to be used in the railways and movement which have importance to railway safety;
  

s) develops and proposes to approve the methodological norms for selecting, schooling, knowledge and skills of all staff with psychophysical tasks in safety on the Romanian railways;
  

t) develop and propose methodological and quality standards for the maintenance and repair of all equipment, material and components used with relevance in safety on the railways;
  

u) omologheaza all equipment, materials and components that must meet the conditions of the safety rail and give approval for production technologies, repair and maintenance for equipment and rolling stock;
  

v) authorises staff with responsibilities in rail safety, as well as one who fulfills the tasks of verification and methodological guidance for railway safety;
  

x) exert their own control permanently in any matters relating to railway safety movement and act to prevent any causes that can cause deviations from it;
  

z) cooperates, through its own organs, in accordance with specific rules, where appropriate, the railway with the public prosecutor's Office, Ministry of Interior, the Ministry of health and with other bodies stipulated by law, to rescue and evacuate people and property endangered by events, to limit and they evoked relief and for the resumption of railway traffic, as well as for determining the causes of vinovatiilor, and circumstances that led to the occurrence of such events.
  


Article 42 in the performance of duties relating to railway safety S.N.C.F.R. current legal regulations apply for the approval and control of rail lines.


Article 43 S.N.C.F.R. is depozitara rules, methodologies, specific instructions and requirements, which are applied in a uniform manner on the Romanian railways.


Chapter 7 the relationship between S.N.C.F.R. and public institutions in article 44 between S.N.C.F.R. and public institutions shall be regulated on the basis of the contract of the National Railway Company, between the Ministry of transport, on behalf of the Government and S.N.C.F.R.


Article 45 (1) of the agreement shall be S.N.C.F.R. by the S.N.C.F.R. together with the Ministry of transportation and will include mainly the following: a) quantitative and qualitative indicators of the main activity of transport of goods and passengers, to be fulfilled by the S.N.C.F.R.;
  

b) S.N.C.F.R. activities in exercising the functions of insurance officials, maintenance and development of the Romanian railways infrastructure;
  

c) full list of social services to be performed by S.N.C.F.R., in accordance with the provisions of the laws in force;
  

d S.N.C.F.R. in ensuring) the services relating to specific medical and sanitary assistance, educational and cultural-sports;
  

e government responsibilities) the proper functioning of public transport by rail, including transfers from the State budget for the railway infrastructure, for educational and medical-sanitary assistance, as well as amounts needed for social services to compensate for the S.N.C.F.R., within the normative acts provide for the need to provide facilities for the transport by rail.
  

(2) it is prohibited in the contract of performance of railway infrastructure segments that do not meet the safety standards of the movement by rail.
  

(3) the difference between the fares of public transport by rail, with the agreement of the Government, and the actual costs it supports from the State budget, according to the law.
  


Article 46 of the S.N.C.F.R. Contract is concluded for a duration of 4 years, approved by the Government and will be updated annually, upon approval of the State budget.


S.N.C.F.R. Article 47 may conclude conventions with local public administration authorities and with legal persons, for the transport of local interest, requested by them, with the obligation of coverage by the applicant for the cost of transport of the gap, where the shipment revenues do not cover costs.


Article 48 authorized legal entities performing public transport on railway of local interest, concludes agreements with the beneficiaries, in similar conditions, non-discrimination, in relation to those concluded by S.N.C.F.R.


Chapter 8, securing public order and combating antisocial deeds in public transport on the Romanian railways Article 49 public order, according to legal provisions, in trains, stations, and other places in the territory of the railways, as well as guarding shipments ensure the Police inspectorates-shipping, from the structure of the Romanian Police, on a protocol concluded between the Ministry of transport and Ministry of the Interior as well as by the body guards, constituted according to the law team.


Article 50 (1) strategic objectives the importance of Guarding from and S.N.C.F.R. ensure that the Ministry of national defense and/or Interior Ministry-based Convention concluded with S.N.C.F.R.
  

(2) the Ministry of national defense military transport guard and those of strategic importance, according to established programs in conjunction with the Ministry of transport and with S.N.C.F.R.
  


Article 51 (1) S.N.C.F.R. has in its structure the body of railway guards, whose work is conducted on the basis of rules of organization and operation approved by decision of the Government.
  

(2) the staff of the Corps of prison guards guard rail property and other values of the Romanian railways, goods entrusted by legal and physical persons, beneficiaries of rail transport, participate directly in combating manifestations of violence, theft and destruction of property, to neutralize the actions likely to hamper normal activity on the Romanian railways, in stations, trains and other rail spaces as well as to combating any other facts that affect public order and peace in the territory of the Romanian railways.
  

(3) in the case of blatant crimes, railway staff Corps of the guards has the right and obligation to immobilize it on făptuitor and get it surrender, immediately, the nearest police organ, together with sample materials and with the minutes concerning the taking of these measures.
  


Article 52 of the Guards Corps Staff cannot organize railway or participate in greviste action.


Article 53 (1) in the performance of job duties, the staff Corps of the guards has the railway uniforms, insignia, distinctive C.F.R. According to the tool, protective equipment, firearms and related ammunition, weapons, handcuffs, radio transceiver, rubber batons, tear substances irritating-and other means of individual defence, as well as dogs, according to the laws and rules laid down in the rules of organization and operation.
  

(2) firearms and related ammunition necessary for equipping the staff Body guardians ensure railway, free of charge, by the Ministry of the Interior, and the funds required for uniforms, insignia, equipment and means of individual protection and defense and the ammunition used is secure from own funds of S.N.C.F.R.
  


Article 54 S.N.C.F.R. Staff with duties relating to service, public order and control of trains, railway stations and other units from the territory of the railways is assimilated, in exercising the functions of service, fulfilling a function involving the exercise of public authority.


Article 55 of the Guards Corps Staff rail has the right and obligation to find and sanctioneze, in accordance with the law and the decisions of the Government, and given the responsibility for offences finding and sanction guardians, according to public law No. 26/1993, where the acts are committed on trains, stations and other units from the territory of the Romanian railways.


Chapter 9 Elements of heritage of S.N.C.F.R.


Article 56 (1) of the S.N.C.F.R. heritage items are made up of goods owned by him, and from the structure of the Romanian railways, public property of the State, its date in the administration.
  


(2) the nomination and assessment of assets is done according to the law, on the basis of best legal provenance and legal grounds which justify the titles of acquisition.
  


Article 57 for the purpose of keeping of real estate owned or in the administration of S.N.C.F.R., the opozabilitatii of their titles against third parties and of initiating actions needed to recover or dobindirea of new property values, S.N.C.F.R. draws up its own obvious and cadastral documentation, in accordance with the law.


Chapter 10 Penalties Article 58 Damage and/or damage in any form to track safety, facility safety of railway, of telecommunications, of any goods or its commitment to the Romanian railways infrastructure related is punishable under criminal law.


Article 59 in the event. 21, S.N.C.F.R. will act immediately on legal remedies, to stop any construction works or for abolishing prohibited by law without the payment of any compensation, as well as for the recovery of damages in the area of protection of the railway infrastructure.


Article 60 default. 30 and 32 shall entail the partial or total withdrawal of the authorization to carry out public transportation services, as well as minor criminal liability or, where appropriate, to the legal or natural person responsible for the consequences arising from such situations.


Article 61 the facts constituting the offence to transport rules on the Romanian railways, including those that constitute contraventions of the rules protecting the infrastructure of the Romanian railways, penalties applicable and authorized bodies to sanctioneze these facts shall be determined by decision of the Government.


Article 62 for infringement of the provisions contained in the head. Vi and VII, S.N.C.F.R. respond.


Chapter 11 transitional and final provisions Article 63 (1) within 30 days of its publication in the Official Gazette of Romania S.N.C.F.R. of this law, together with the Ministry of transportation be prepared and forwarded to the Government for approval of contract activity of national society of Romanian Railways.
  

(2) in the same period, the Transport Ministry will submit to the Government draft terms of reference of the staff S.N.C.F.R.
  


Article 64 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania. On the same date shall be repealed: the law on the police operation and the Romanian Railways No. 118/1937, published in the Official Gazette, part I, no. 76 of 1 April 1937; Decree No. 523/1973 approving tariffs reasezate standard, and some measures for establishing tariffs for reasezate the carriage of goods, by rail and with car, published in Official Gazette No. 146 of 28 September 1973; Decree No. 311/1987 approving the tariffs in transport, post and telecommunications; H.C.M. nr. 57/1952 concerning transport operations planning, published in Official Gazette No. 3 of 15 January 1952; H.C.M. nr. 1952 concerning the reduction of 2.026/term loading, unloading, and increase contrastaliilor and location fees for exceeding deadlines loose loading, unloading of railway facilities, and naval, as published in the collection of decisions and provision of the Council of Ministers No. 1 of 10 October 1952; H.C.M. nr. 2,138 of 30 October 1954 on take-over customs formalities by the State Enterprise for international transport and shipment "Romtrans"; H.C.M. nr. 941/1959 concerning certain measures relating to the movement of goods between the Socialist organisations in order to ensure the integrity of the goods at the destination, transport and expedition, which was published in the collection of decisions and provision of the Council of Ministers No. 26 of 25 July 1959; H.C.M. nr. 362/1960 for the approval of the amendment to the regulation concerning the receipt and acceptance of goods, consignment, and determination of liability of the consignor, carrier and consignee in the movement of goods between Socialist Organisations approved by H.C.M. nr. 941 of 25 July 1959 and published in the collection of decisions and provision of the Council of Ministers No. 17 of 18 May 1960; H.C.M. nr. 1,034 of 15 July 1970 concerning some measures to optimise rail transport of raw materials and materials, as well as any other provisions to the contrary.
  

(2) within 30 days after the date of publication of the present law, the Transport Ministry will submit to the Government draft law on regulation of transport by rail.
  

This law was adopted by the Senate at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN ION SADANI this law was adopted by the Chamber of deputies at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — —