Law No. 82 Of 15 April 1998 On Approval Of The Government Ordinance. 43/1997 On The Legal Status Of Roads

Original Language Title:  LEGE nr. 82 din 15 aprilie 1998 pentru aprobarea Ordonanţei Guvernului nr. 43/1997 privind regimul juridic al drumurilor

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071246/-lege-nr.-82-din-15-aprilie-1998-pentru-aprobarea-ordonanei-guvernului-nr.-43-1997-privind-regimul-juridic-al-drumurilor.html

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Law No. 82 of 15 April 1998 on approval of the Government Ordinance. 43/1997 concerning the legal regime of the roads was published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 158 of 22 April 1998, the Romanian Parliament adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 43 of 28 august 1997 concerning the legal status of roads, issued pursuant to art. and (b). h) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. august 29, 1997, 221, with the following amendments and supplements: 1. Title of the Ordinance shall read as follows: "the roads Ordinance" 2. Article 1 shall read as follows: Art. 1. — (1) the rules uniformly regulate roads administration of public and private roads, the acquisition and use of land, leadership, coordination and control of the activities in relation to public roads. Management of public and private roads covers the design, construction, modernization, renovation, repair, maintenance and operation of roads.

(2) the provisions of this Ordinance shall apply fully to all public roads and partly private roads open to public circulation utility. "
  

3. paragraphs (3) and (4) of article 2 shall read as follows: "(3) form an integral part of the way: bridges, viaducts, tunnels, uneven passages, defence construction and consolidation, sidewalks, paths for cyclists, parking, stopping and signalling of stationary, signs and other facilities for road safety, lands and groves that are part of the Road area, the less protective zones.

(4) it is also considered to be part of the way the buildings and any other facilities or installations, constructions intended for defence or exploitation of roads, including the necessary land. "
  

4. Article 3 shall read as follows: Art. 3.-from the point of view of the destination, the roads are public roads: a)-public interest objectives which are intended for use on the road, in order to satisfy the demands of the transport unit of the national economy, population and defense of the country. These are public property;
  

b) private utility roads to satisfy its own requirements for road transport in the economic activities, forestry, petroleum, mining, agricultural, energy, industrial and others also have access to the premises, as well as those inside, as well as those for organizarile dock; they are managed by natural or legal persons who have owned or under management. "
  

5. Paragraph 1 of article 6 shall read as follows: Art. 6.-(1) National Roads belong to the public property of the State and include national roads, ensuring links with the capital of the country, with the County capitals, with the objectives of the national strategic interest, among themselves and with neighbouring countries, and may be:-motorways;
-expressways;
-national roads (E);
-the main national roads;
-national secondary roads. "
6. Article 7 shall read as follows: Art. 7. interest-County Roads are part of the public property of the County and county roads, which include ensuring liaison between County residences:-with cities, towns, counties with common, with spas and tourist ports and airports, with important objectives, related to the defense of the country, and with important historic sites;
-cities and municipalities;
-residences. "
7. (a) article 8) shall read as follows: "), which provides communal roads links:-between the commune of residence with other villages or villages;
-between the city with the villages that belong to him, as well as other villages;
-between the villages; "
8. Article 11 shall read as follows: Art. 11.-National Roads and communal retains functional category to which they belong, as continuing in the crossing of localities, serving also as blocks. Modifying their paths crossing the settlements can be made only with the consent of the administrator of the road in question, in accordance with the approved urban plan. "
9. Paragraph 1 of article 16 shall read as follows: Art. 16. — (1) safety zones are areas of land located on one side of the amprizei road, intended solely for road signs, road or other plantation for purposes of maintenance and operation of the road, for safety or for the protection of properties located in the vicinity of the road. Safe zones are part and land areas designed to ensure visibility in curves and intersections, and the areas occupied by the works of consolidation of land, and the like. In addition, the minimum limits of localities areas of road safety, the actual path and alignment, are set out in the annex. 1 to this Ordinance. "
10. Paragraph 1 of article 19 shall read as follows: Art. 19. — (1) the carriageway of streets include Area, acostamentele, ditches, channels, sidewalks, green spaces, paths for cyclists, the areas adjacent to parking lots, or stops so far, as well as land areas required deployment of their annexes. On the sections of streets without sewerage, drainage must be ensured through ditches. "
11. According to paragraph 1 of article 19 insert a new paragraph which shall become paragraph 2, with the following contents: "(2) the local councils will ensure, in the conditions of planning permission, the displacement of pedestrians and bike through the facilities of sidewalks and trails."
12. paragraphs (2) and (3) of article 19 shall become paragraphs (3) and (4).
13. According to paragraph 4 of article 19 insert a new paragraph which shall become paragraph 5 with the following: "(5) ensuring the minimum distances set out under paragraph 2. (4) is carried out by the administrators of these roads, only in compliance with the regulations in force. "
14. Article 21 shall be supplemented by a new paragraph which shall become paragraph 2, with the following contents: (2) sections of national roads, including works of art, furnishings and accessories, located in the residential area of counties and municipalities, local councils are in question. "
15. Article 22(3) shall read as follows: Art. 22. the county roads Administration-ensure by the county councils and the local roads, local councils on administrative-territorial RADIUS. Exception areas of county roads, located in urban localities, including works of art, furnishings and accessories that will be in the administration of the respective local councils. "
16. Article 24 shall be repealed.
17. Article 25 becomes article 24, with the following content: "Art. 24.-the design, implementation and interventions on the roads will take account of their functional categories of road users, safety of movement, technical norms, economic factors, social and defence of rational use of land, the conservation and protection of the environment and urbanism plans and planning, approved according to the law, as well as the technical regulations in force in order to adapt them to the requirements of pedestrians , cycling, persons with disabilities and the elderly. "
18. Article 26 becomes article 25, with the following content: "Art. 25. Documentation relating to the design-construction, renovation and upgrading of roads shall be drawn up in compliance with the landscaping plans and planning, with the opinion set out in the methodological norms. "
19. Article 27 becomes article 26.
20. Article 28 becomes article 27, and (2) shall read as follows: "(2) maintenance bretelelor from uneven roads of junctions is in charge of the road administrator. If one of the roads is a private utility, maintenance expenses thereof shall be borne by the respective administrator. "
21. Article 29 becomes article 28.
22. Article 29 becomes article 30.
23. Article 31 becomes article 30.
24. Article 31 becomes article 32, with the following content: "Art. 31.-signalling Installations and advance warning triangle to shift to the same level between road and rail is carried out by the railway administrator, depending on the category of the road, road traffic, frequency and speed of movement of trains. "
25. Article 33 becomes article 32.
26. Article 34 becomes article 33 with the following content: "Art. 33.-local public administration authorities together with the Road Police have an obligation to regulate circulation, parking, stationing and off the streets. Parking is allowed, usually in special places in and out of lanes and sidewalks, in agreement with the Road Police. Neither the stopping and parking on roads of national circulation and regions. "
27. Article 35 becomes article 34.
28. Article 36 becomes article 35, with the following contents:

"Art. 35.-depending on traffic, public roads will be provided with stops in addition to halting the flow of movement, means of public transport. Arrangement of signalling their uniform and ensure local councils in the town and county councils in the area, regardless of category. Location of workstations for these facilities shall be established by the administrator of the road together with the police, County Road offices and holders of public transport vehicles. Parking places and refuges on the Highways will be equipped with utilities, telephony call and emergency toilets. "
29. Article 37 becomes article 36.
30. Article 38 becomes article 37, with the following content: "Art. 37.-For traffic decongestion in settlements, environment protection and increase safety on the network of expressways and national roads will be European roads by-passing transit, located besides the built-up area localities, based on studies of traffic. Access to these roads will be achieved only through the arteries which debuseaza lines in intersections traffic volumes furnished appropriately. "
31. Article 39 becomes article 38, with the following content: "Art. 38.-public sector road, which traverses rural dwellers are forced to engage in the grooves, channels, podetele from entries in the courtyards, gardens, sidewalks or pedestrian paths next to the homes and land they own. Supervision of the fulfilment or non-compliance with these obligations is the responsibility of the local authorities. "
32. Article 40 becomes article 39.
33. Paragraph 1 of article 41 shall become paragraph 1 of article 40, with the following content: "Art. 40. — (1) Roads must be maintained by the administrator of the road in a State corresponding technique of carrying traffic safely. "
34. Paragraph 2 of article 41 shall become paragraph 2 of article 40.
35. paragraphs (3) and (4) of article 41 shall become paragraphs 3 and 4 of article 40, the following contents: "(3) the list of public roads, with the tonnage limits for permissible transport merchandise, will be established annually by the Transport Ministry and published in the Official Gazette of Romania, part I.

(4) the limits laid down in the annex. 2 may be increased by the Transport Ministry, as they perform works by increasing bearing capacity. "
  

36. In paragraph 5 of article 41 shall become paragraph 5 of article 40.
37. Article 42 becomes article 41.
38. Article 43 becomes article 42.
39. Article 44 becomes article 43, with the following content: "Art. 43.-on public roads shall be prohibited: (a) sports competitions) without the consent of the administrator of the road and traffic police. Organizers of the gate and take all responsibility for traffic safety measures and subsequent playback of the road for public circulation, according to the organisation of the competition previously existing;
  

b) entry way of vehicles with mud on wheels or crawler, and loss through leakage from vehicle during transport of building materials or other materials;
  

c) cleaning or washing of vehicles, materials or other substances; This will be done before it gets into the road and only on specially designed surfaces by road administrator;
  

d) lubricants leaking, flammable products, toxic or otherwise;
  

e) occupation, through storage, part traffic, public transport stations, the pits, walkways, cycle paths and road safety areas, as well as affecting their State of cleanliness;
  

f) movement of motor vehicles on road verges, on piling, on sidewalks, on safety of road spaces times median strip of the road system;
  

g) circulation on public roads, modernized vehicles with pneumatic tyres with nails, with Caterpillar, without bandages, as well as through the calibration of some articles or materials; an exception is permitted through the movement of vehicles belonging to the Ministry of national defence or the Ministry of the Interior, where there is no possibility of avoiding public roads, with the consent of and under the conditions laid down by their Manager. "
  

40. Paragraph 1 of article 45 shall become paragraph 1 of article 44, with the following content: "Art. 44. — (1) the road Administrators may establish temporary restrictions, partial or total, for the carrying out of works according to the rules laid down by the Ministry of transport together with the Interior Ministry. "
41. Paragraph 2 of article 45 shall become paragraph 2 of article 44.
42. In article 44, after paragraph 2, insert (3) with the following content: "(3) it is prohibited to block or location of obstacles of any kind on the roads open for public circulation, except as authorized by the Manager of the road and Road Police."
43. Paragraph 1 of article 46 shall become paragraph 1 of article 45.
44. paragraph (2) of article 46 shall become paragraph 2 of article 45 with the following content: "(2) where the application of the measures referred to in paragraph 1. (1) require the temporary occupation of certain lands located in the area of the road or in addition thereto, the Manager of the road will conclude protocols with local governments and land owners, and any compensation due to those affected to be established in accordance with the provisions laid down by law. "
45. Article 47 becomes article 46.
46. Paragraph 1 of article 48 shall become paragraph 1 of article 47, the following contents: "Art. 47. — (1) in the area of public road construction is prohibited, the placement of billboards or jeopardizing safety installations. "
47. paragraphs (2) and (3) of article 48 shall become paragraphs (2) and (3) of article 47.
48. paragraphs (4) and (5) of article 48 shall become paragraphs (4) and (5) of article 47, the following contents: "(4) to occupy the area of roads, bridges, subways, viaducts, tunnels, underground or overground location of facilities or buildings, billboards and accepted by the Administration, usage charges apply, provided that the revenue available to the administrator for Administration , operation, maintenance, repair and modernisation of public roads. It exempts the levying of charges for the use of road administrators, if the placement is done on areas of protection where they are not owners. Charging and using these charges to use private property protection zones shall be performed by the owner of the land in question.

(5) the holders or installations or construction of installations accepted Road area are obliged to execute, at their expense, demolition, moving or changing them, if such has been agreed with the administrator of the road. "
  

49. Paragraph 6 of article 48 becomes paragraph (6) of article 47.
50. Article 49 becomes article 48, with the following content: "Art. 48.-urban underground Works are located, as a rule, in addition to the party of the public road or roads in the open galleries. Construction, repair and maintenance of these works, in the area of public road shall be made with the approval of the Manager, and in compliance with the legislation in force. "
51. paragraphs (1) and (2) of article 50 shall become paragraphs (1) and (2) of article 49 (1), with the following content: "Art. 49. — (1) the owner of the building or other facilities also achieved in the area of the road, without compliance with the requirements of this section or with non-compliance of the Act of acceptance is forced to disband them or move them, at its expense, within the time limit set by the administrator.

(2) in the case of non-compliance with the time limit set by the administrator, it may proceed to closing down or moving the work, at the expense of the owner. "
  

52. Article 51 becomes article 50.
53. Article 52 becomes article 51.
54. Article 53 becomes article 52.
55. Article 54 becomes article 53.
56. Article 55 becomes article 54, paragraph 1 shall be inserted in paragraph (2) with the following content: "(2) the acquisition of the lands referred to in paragraph 1. (1) will benefit from the provisions of art. 92 para. (4) Land Fund Act No. 18/1991 republished, being exempted from paying additional fees set out in the appendices. 1 and 2 to the law. "
57. Article 56 becomes article 55.
58. paragraphs (1) and (2) of article 57 shall become paragraphs (1) and (2) of article 56, the following contents: "Art. 56. — (1) the persons concerned with the carrying out of measurements and studies necessary work on the public highway on land have access regardless of owner. Exceptions are the land belonging to the Ministry of national defence objectives and safety areas thereof, for which you require the consent. A notice on the commencement of such activities is done through the display at the headquarters of the local Council and in writing to the licensee, at least 7 days in advance. It is prohibited to persons concerned with measurements or studies that, through their activities, to cause any damage of goods or land on them. Where, however, damages are damages caused shall be borne by the road Manager.


(2) If for measurements or studies are causing injury or property changes are required, the administrator of the land road will be agreed in advance with the owner of the land on these changes and, where appropriate, modalities and amount of damages. "
  

59. Article 58 becomes article 57, with the following content: "Art. 57.-Ministry of transport co-ordinates from technically and methodologically the entire road network. In the following tasks: to ensure the public roads Administration) of national interest;
  

b) develop and monitor the implementation and updating of the plan director, national road network development, as an integral part of the national transport network, in compliance with the provisions of the programme of landscaping;
  

(c) the strategy) establishes uniform and balanced development of the whole network of public roads;
  

d) ensure budgetary management and budget for construction, rehabilitation, modernization, repair, maintenance, operation and administration of national interest;
  

e) ensure, in accordance with the law, the allocation and management of extra-budgetary funds for the construction, rehabilitation, modernization, maintenance, operation and administration of the national roads, county councils and municipal management and local, where appropriate;
  

f) develops systematic studies, prognoses and projects to develop the program and optimizing the network of public roads;
  

g) draw up, in accordance with the law, annual programs and prospect concerning construction, upgrading, repair, maintenance, operation and administration of national interest, and, together with the county councils and the local councils, the programmes financed from the special Fund for public roads, county roads and communal, where appropriate;
  

h) shall draw up rules and regulations, in accordance with provisions in this field in the countries of the European Union, regarding the design, construction, upgrading, repair, maintenance, management and operation of roads and, together with the Ministry of Internal Affairs, rules concerning traffic safety on roads open to public circulation, which are subject to approval according to law provisions;
  

I) draw up studies and programmes relating to the work aimed at improving safety on public roads;
  

j) shall draw up rules concerning programs, studies and determination of status indicators of the evolution of roads, traffic and establishing the order of priority for road works;
  

k) shall draw up rules concerning the Organization of its own quality control in the field of roads, as well as rules for recording and processing developments in road traffic;
  

It shall draw up a unitary conception) concerning dietary intake of machinery and equipment-specific, application of new technologies and effective, according to the law, the certified design and execution. "
  

60. Article 59 becomes article 58.
61. Paragraph 1 of article 60 shall become paragraph 1 of article 59, with the following content: "Art. 59. — (1) Directing the business of engineering, construction, upgrading, repair, maintenance, operation and administration of county roads and local interest lies with local public administration authorities, in compliance with the provisions of art. 24. "62. Paragraph 2 of article 60 shall become paragraph 2 of article 59.
63. Article 61 becomes article 60, with the following content: "Art. 60.-(1) Constitute offences and fines shall be imposed on the following facts, if they were not committed so that, according to the criminal law, constitute offenses: a breach of article 3.) 17 para. (2), art. 31, art. 36, art. 44 para. (1), art. 47 para. (1), art. 49 para. (2) shall be imposed with a fine from 3,000,000 to 500,000 lei lei;
  

b) breach art. 391. (2), art. 26, art. 32 para. (2), art. 40 para. (2), art. 41 para. (2), art. 42, art. 43, art. 44 para. (3), art. 46, art. 47 para. (2) to (5), art. 48, art. 50, art. and article 52. 53 it is sanctioned with a fine of 5,000,000 to 10,000,000 at lei lei.
  

(2) where, by committing one of the offences referred to in paragraph 1. (1), the roads were destroyed respectively destroyed totally or partially in the clean report of findings will be recorded and the volume of degradărilor caused. The amount of damages is to be determined on the basis of documentation prepared by competent authorities according to law. Compensation related to the disposal of revenue constitutes the road administrator for restoring degradărilor products. "
  

64. The letters a) and b) of article 62 shall become points (a) and (b))) of article 61.
65. c) to subparagraph (c) of article 62 becomes article 61), with the following content: "subofiterii c) police officers and, as appropriate."
66. In paragraphs (1) and (2) of article 63 shall become paragraphs (1) and (2) of article 62 with the following content: "Art. 62. — (1) the provisions of art. 60 is supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations.

(2) the provisions of art. 24 para. (1) and of article 23. 25 of law No. 32/68 shall not apply in the case of design, construction and modernisation of roads, as well as in case of placement of buildings in the area. "
  

67. Article 64 shall be repealed.
68. Article 65 becomes article 63, with the following content: "Art. 63.-the amounts of the fines referred to in article 1. 60 may be amended by decision of the Government. "
69. Article 64 becomes article 66, with the following content: "Art. 64.-the provisions laid down in articles. 2, art. 24-27, art. 30 and 31, art. and article 38. 42 shall apply to private roads and utility, open public circulation, and the provisions of art. 60, only for art. 30, art. 41, art. 43, art. 44 para. (3), art. 47, art. 50 and 51. "
70. Article 67 becomes article 65, with the following content: "Art. 65.-not later than 1 January 1998, the Transport Ministry will draw up-in accordance with the rules of the European Union and will be published in the Official Gazette of Romania, part I, new rules and technical regulations concerning design, construction, renovation and modernisation of public roads, as well as those relating to the design and implementation of streets in urban areas, in order to replace the repealed under art. 67 of this Ordinance. "
71. Article 68 becomes article 66.
72. Article 69 becomes article 67.
73. The letters A and B) of the annex). 2 shall read as follows: Annex 2 "to the maximum extent of tonnage) per axle: categories of roads from the point of view of the road system types of axle Distance between axes of the adjacent Roads upgraded > 2.00, (E) and other roads open to traffic, according to the list approved by the Ministry of transportation simple 10.0 (11.0) (tandem) 16.0 (18.0) tripled (tridem) 22.0 other roads upgraded simple 8.0 (tandem) 14.5 tripled (tridem) 20.0 cobbled Roads simple 7.5 (tandem) 12.0 tripled (tridem) Note: 16.5
    Tonnages from parenthesis () applies to motor vehicles with pneumatic suspension, as the rehabilitation of roads.
    It is considered a double axle (tandem) two-axis combination given the distance between them of less than 2.0 m. unequal weights on The axles, the tonnage on the busiest part of tandem should not exceed maximum permitted axle weights simply for the way that (t; 10.0 8.0 7.5 t t; respectively).
    Considering triple axle (axle tridem) three-axis combination given the distance between them of less than 1.40 m, and mass on two axes attached to part of the tridem must not exceed maximum permitted axle tonnage double (with the same distance between axles) to the category of road. For multiple axles, consisting of more than three axles, meals on any adjoining group of axles must not exceed the permissible axle tonnage thus formed (depending on distance between axles) to the category of road.
    Specific pressure on the clothing of the road should not exceed 6.0 daN/cm² for axle non-motorised and 7.0 daN/cm² for driving axle.

    B) maximum permissible total Tonnages for vehicles are as follows: motor vehicles:-with two axes, given the distance between axles: ▪ less than 16.0 m 4.0 t ▪ equal to or greater than 4.0 m. ..
17.0 t (1 8.0)-with three axes. ..
22.0 t (2 4.0 t)-with four axles.
24.0 t (3-0.0)-articulated bus with three axes. ..
trailers: 26.0 t-with two axes, given the distance between axles: ▪ less than 16.0 m 4.0 t ▪ equal to or greater than 4.0 m. ..
t-with 17.0 three axes. ..
22.0 t vehicle Combinations:-tractor unit and semi-trailer saddle with: ▪ with three axles 30.0 t ▪ four axes, given the distance between axles:

 



 


 


 


 

-2.0 m 34.0 t-equal to or greater than 2.0 m 36.0 t ▪ with five and six axis (regardless of the distances between axles).
40.0 t-train (motor vehicle + trailer = a total of four axles)
34.0 t ▪ combination with five or more axles.
Note: 40.0 t Tonnages from parenthesis () applies to motor vehicles with pneumatic suspension, as the rehabilitation of roads. "


Article 2 of the Government Ordinance No. 43/1997 concerning the legal regime of the roads, as amended by this law, shall the Republic Official Gazette of Romania, part I. This law was adopted by the Chamber of deputies at its meeting of 16 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. GILBERT CHAMBER of DEPUTIES PRESIDENT R this law was adopted by the Senate at its meeting of 16 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS-------