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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

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LEGE no. 82 82 of 15 April 1998 for approval Government Ordinance no. 43/1997 on the legal regime of roads
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 158 158 of 22 April 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 43 43 of 28 August 1997 on the legal regime of roads, issued pursuant to art. 1 lit. h) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 221 of 29 August 1997, with the following amendments and additions: 1. The title of the ordinance shall read as follows: "" Road Regime Ordinance ' 2. Article 1 shall read as follows: "" Art. 1. -(1) The road regime regulates the management of public and private roads, the acquisition and use of land, the management, coordination and control of activities in relation to public roads. The management of public and private roads has as its object the design, construction, modernization, rehabilitation, repair, maintenance and operation of roads. (2) The provisions of this ordinance shall apply in full to all public roads and, in part, to roads of private utility open to public traffic. 3. paragraphs 3 and 4 of Article 2 shall read as follows: " (3) They are an integral part of the road: bridges, viaducts, uneven passages, tunnels, defense and consolidation constructions, sidewalks, cycle paths, parking, stop and parking spaces, road signage and traffic signs. other facilities for the safety of movement, land and plantations that are part of the road area, except protection zones. (4) It is also considered that the service buildings and any other constructions, facilities or installations intended for the defence or operation of roads, including the necessary land, are part of the road. " 4. Article 3 shall read as follows: "" Art. 3. -From the point of view of the destination, the roads are divided into: a) public roads-public utility objectives for road traffic, in order to satisfy the unitary transport requirements of the national economy, the population and the defense of the country. They are public property; b) private utility roads-intended to satisfy the own road transport requirements in economic, forestry, oil, mining, agricultural, energy, industrial and other activities, access to premises, as well as those inside to them, as well as those for site organizations; they are managed by the natural or legal persons who have them in the property or in administration. " 5. Paragraph 1 of Article 6 shall read as follows: "" Art. 6. --(1) The roads of national interest belong to the public property of the state and include the national roads, which ensure the links with the capital of the country, with the county residences, with the objectives of national strategic interest, between them, as well as with Neighboring, and may be: --highways; -express roads; -European national roads (E); -main national roads; -secondary national roads. " 6. Article 7 shall read as follows: "" Art. 7. -The roads of county interest are part of the public property of the county and include the county roads, which provide the connection between: -county residences with municipalities, with cities, with commune residences, with spa and tourist resorts, with ports and airports, with important objectives, related to the defense of the country, and with important historical objectives; --cities and municipalities; --joint residences. " 7 7. The letter a) of Article 8 shall read as follows: " a) the communal roads, which provide the links: -between the common residence with the component villages or other villages; -between the city with the villages belonging to it, as well as with other villages; --between villages; ' 8. Article 11 shall read as follows: "" Art. 11. -The county and communal national roads retain their functional category, being considered continuous in crossing the localities, while also serving as streets. The modification of their routes, in crossing the localities, can be done only with the agreement of the respective road manager, in accordance with the approved urban plan. " 9. Paragraph 1 of Article 16 shall read as follows: "" Art. 16. -(1) The safety zones are areas of land situated on one side and the other side of the road, intended exclusively for road signs, for road plantation or other purposes related to the maintenance and operation of the road, for traffic safety or protection of properties located in the vicinity of the road The areas of safety are also part of the areas of land intended to ensure visibility in curves and intersections, as well as the areas occupied by the consolidation works of the road land and the like. Outside the localities, the minimum limits of road safety zones, in track and alignment, are set out in Annex no. 1 1 to this ordinance. " 10. Paragraph 1 of Article 19 shall read as follows: "" Art. 19. -(1) The area of the streets includes the carriageway, moorings, ditches, gullies, sidewalks, green spaces, cycle paths, adjacent surfaces for parking, parking or stops, as well as the land areas necessary for the location. their annexes. On the streets sectors without sewerage, the water drain must be provided through landscaped ditches. 11. After paragraph 1 of Article 19, a new paragraph shall be inserted, which shall become paragraph 2, with the following contents: "(2) Local councils will ensure, in the intravilan, the conditions of travel of pedestrians and cyclists through pavements and runways." 12 paragraphs 2 and 3 of Article 19 shall become paragraphs 3 and 4. 13. After paragraph 4 of Article 19, a new paragraph shall be inserted, which shall become paragraph 5, with the following contents: " (5) Provide minimum distances, established according to par. ((4), shall be performed 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) The national road sectors, including the art works, the related facilities and accessories, located in the intravilan of the county residences and the municipalities, are in the administration of the respective local councils." 15. Article 22 shall read as follows: "" Art. 22. -The administration of county roads is provided by the county councils, and the roads of local interest, by the local councils within their administrative-territorial area. The county road sectors, located in the urban localities, including the art works, the related facilities and accessories, which will be in the administration of the respective local councils, are an exception. " 16. Article 24 shall be repealed. 17. Article 25 shall become Article 24, with the following contents: "" Art. 24. -In the design, execution and interventions on roads will take into account their functional categories, road traffic, traffic safety, technical norms, economic, social and defense factors, use of road traffic. rational land, conservation and protection of the environment and urban planning and planning plans, approved according to the law, as well as the technical norms in force for their adaptation to the requirements of pedestrians, cyclists, people with disabilities and the third age. " 18. Article 26 shall become Article 25, with the following contents: "" Art. 25. -The documentation on the design of the construction, rehabilitation and modernization of the roads shall be drawn up in compliance with the spatial planning and urban planning plans, with the opinions provided in the methodological norms. " 19. Article 27 shall become Article 26. 20. Article 28 shall become Article 27 and paragraph 2 shall read as follows: " (2) The maintenance of the braces at the uneven intersections of public roads is in charge of the administrator of the upper category road. If one of the roads is of private utility, its maintenance expenses are in charge of that administrator. " 21. Article 29 shall become Article 28. 22. Article 30 shall become Article 29. 23. Article 31 shall become Article 30. 24. Article 32 shall become Article 31, with the following contents: "" Art. 31. -The signalling and pre-signalling installations of the transition to the same level between the road and the railway shall be carried out by the railway manager, depending on the category of road, road traffic, frequency and speed of movement of trains. " 25. Article 33 shall become Article 32. 26. Article 34 shall become Article 33, with the following contents: "" Art. 33. -The local public administration authorities together with the Road Police have the obligation to regulate the traffic, parking, parking and stop on the streets of the vehicles. Parking is usually allowed in specially arranged places outside the traffic lanes and sidewalks, located in agreement with the Traffic Police. The stop and parking on the traffic lanes of national and county roads is not allowed. " 27. Article 35 shall become Article 34. 28. Article 36 shall become Article 35, with the following contents: "" Art. 35. -Depending on the intensity of traffic, public roads will be provided with stations arranged outside the flow of traffic, to stop public transport. The unitary signage and their arrangement are ensured by the local councils in the intravilan and by the county councils in extravilan, regardless of the category of the road. The location of the stations for these means is established by the road manager together with the Road Police, the county road offices and the holders of public transport vehicles. Parking spaces and refuges on the highways will be equipped with utilities, emergency call telephony and sanitary groups. " 29. Article 37 shall become Article 36. 30. Article 38 shall become Article 37, with the following contents: "" Art. 37. -For the decongestion of traffic in localities, the protection of the environment and the increase of traffic safety on the network of express roads and European national roads will be carried out bypassing transit roads, located outside the intravilan localities, based on traffic studies. Access to these roads will be carried out only through masterful arteries that outlets in intersections properly arranged for traffic volumes. " 31. Article 39 shall become Article 38, with the following contents: "" Art. 38. -On the public road sectors, which cross rural localities, residents are required to maintain ditches, gullies, bridges at the entrances to courtyards, plantations, sidewalks or pedestrian paths in housing and land law. who own them. Supervision of the fulfilment or failure of these obligations lies with the local public administration authorities. " 32. Article 40 shall become Article 39. 33. Paragraph 1 of Article 41 shall become paragraph 1 of Article 40, with the following contents: "" Art. 40. --(1) The roads must be maintained by the road manager in a technical condition corresponding to the safe traffic. " 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, with the following contents: " (3) The list of public roads, with the tonnage limits allowed for goods transport vehicles, will be established annually by the Ministry of Transport and published in the Official Gazette of Romania, Part I. ((4) The limits set out in Annex no. 2 may be increased by the Ministry of Transport, in the measure of the execution of works to increase the carrying capacity. " 36. Paragraph 5 of Article 41 shall become paragraph 5 of Article 40. 37. Article 42 shall become Article 41. 38. Article 43 shall become Article 42. 39. Article 44 shall become Article 43, with the following contents: "" Art. 43. -On public roads are prohibited: a) sports competitions, without the prior opinion of the road manager and the Road Police. The organizers bear the responsibility and take all measures for the safety of road traffic and the subsequent rendering of the road for public traffic, under the conditions previously existing b) entry on the road of vehicles with mud on wheels or on tracks, as well as loss, by leakage from vehicles, during transport, of building materials or other materials; c) cleaning or washing of vehicles of earth, materials or other substances; this will be carried out before entering the road and only on surfaces specially arranged through the care of the road manager; d) the leakage of lubricants, of flammable, toxic or other products; e) the occupation, through storage, of the carriageway, of the stations of public transport, of ditches, sidewalks, pistes and road safety zones, as well as the impairment of their state of cleanliness; f) the movement of motor vehicles on moorings, on ditches, on sidewalks, on road safety spaces or on the median lane of highways; g) circulation on public roads, upgraded, of vehicles with tyres with nails, with tracks, without protective bandages, as well as transport by crawling of objects or materials; by exception the movement of vehicles belonging to The Ministry of National Defence or the Ministry of Interior, if there is no possibility of avoiding modernized public roads, with the agreement and under the conditions established by their administrator. " 40. Paragraph 1 of Article 45 shall become paragraph 1 of Article 44, with the following contents: "" Art. 44. -(1) Road managers may establish temporary, partial or total traffic restrictions for the execution of works, according to the norms established by the Ministry of Transport together with the Ministry of Interior. " 41. Paragraph 2 of Article 45 shall become paragraph 2 of Article 44. 42. in Article 44, after paragraph 2, paragraph 3 is inserted, with the following contents: "(3) It is prohibited to block or place obstacles of any kind on the platform of roads open to public traffic, except in cases authorized by the road manager and the traffic 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 contents: " (2) When applying the measures provided for in par. (1) requires the temporary occupation of land located in the area of the road or outside it, the administrator of the road will conclude minutes with local public authorities and land holders, following that any compensation due to those affected to settle according to the legal provisions. " 45. Article 47 shall become Article 46. 46. Paragraph 1 of Article 48 shall become paragraph 1 of Article 47, with the following contents: "" Art. 47. -(1) In the area of the public road it is forbidden to place construction, billboards or installations that endanger the safety of traffic. " 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, with the following contents: " (4) For the occupation of the area of roads, bridges, passages, viaducts, tunnels, by the above-ground or underground location of constructions, installations or billboards accepted by the administration of roads, tariffs of use shall be applied, which is constituted as income at the disposal of the administrator, respectively for the administration, operation, maintenance, repair and modernization of public roads The collection of charges for use by road managers shall be exempted if the location is carried out on protection zones where they are not holders. The collection and use of these tariffs for the use of private property protection areas shall be carried out by the respective owner of the land. ((5) The owners of the constructions or facilities or installations accepted in the area of roads shall be obliged to execute, at their expense, to demolish, move or modify them, if so agreed with the administrator of the road. " 49. Paragraph 6 of Article 48 shall become paragraph 6 of Article 47. 50. Article 49 shall become Article 48, with the following contents: "" Art. 48. -The underground edilitary works are usually located outside the carriageway of the public road or in visiting galleries. The construction, repair and maintenance of these works, in the public road area, shall be made with the approval of the road manager and in compliance with the legislation 51 paragraphs 1 and 2 of Article 50 shall become paragraphs 1 and 2 of Article 49, with the following contents: "" Art. 49. -(1) The owner of constructions, installations or other such, carried out in the road area, without complying with the conditions of this section or with non-compliance with the conditions of the act of acceptance, is obliged to abolish or move them, on its expenditure, within the time limit set by the ((2) In the event of non-compliance with the term fixed by the road manager, it may proceed with the abolition or relocation of works, at the expense of the 52. Article 51 shall become Article 50. 53. Article 52 shall become Article 51. 54. Article 53 shall become Article 52. 55. Article 54 shall become Article 53. 56. Article 55 shall become Article 54 and paragraph 1 shall be inserted after paragraph 1, with the following contents: " (2) The acquisition of land referred to in par. (1) will benefit from the provisions of art. 92 92 para. ((4) of the Land Fund Law no. 18/1991, republished, being exempted from the payment of additional taxes provided in Annexes no. 1 1 and 2 to that law. " 57. Article 56 shall become Article 55. 58 paragraphs 1 and 2 of Article 57 shall become paragraphs 1 and 2 of Article 56, with the following contents: "" Art. 56. -(1) Persons empowered with the field performance of measurements and studies necessary for public road works have access to land, regardless of the owner. The exception is the lands belonging to the objectives of the Ministry of National Defence and their safety zones, for which its consent is requested in advance. Notice of the commencement of these activities shall be made by display at the premises of the local council and, in writing, of the land holder, at least 7 days before. It shall be prohibited for persons empowered to carry out measurements or studies to cause any damage to land or property on them by their activity. If any damage is caused, the compensation shall be borne by the manager of the road. ((2) If, for the performance of the measurements or studies, damage is caused to the goods or changes are necessary to the land, the administrator of the road shall, in advance, agree with the owner of the land on these changes and, on the modalities and amount of compensation. " 59. Article 58 shall become Article 57, with the following contents: "" Art. 57. -The Ministry of Transport is technically and methodologically coordinating the entire road network. In this capacity it has the following tasks a) ensure the administration of public roads of national interest; b) elaborates and aims to apply and update the plan director, at national level, on the development of the road network, as an integral part of the national transport network scheme, in compliance with the provisions of the the territory; c) sets out the strategy for the unitary and balanced development of the entire public road network; d) ensure the management of budgetary and extra-budgetary funds for the construction, rehabilitation, modernization, repair, maintenance, operation and administration of roads of national interest; e) ensure, under the law, the distribution and management of extra-budgetary funds for the construction, rehabilitation, modernization, maintenance, operation and administration of national, county and communal roads from the administration of councils county and local, as appropriate; f) develops systematization studies, forecasts and program projects for the development and optimization of the public road network; g) elaborates, under the law, annual and prospective programs on the construction, modernization, repair, maintenance, operation and administration of roads of national interest, and, together with county councils and local councils, programs financed from the Special Public Road Fund for county and communal roads, as the case may be; h) elaborates norms and regulations, in accordance with the provisions in the field of European Union countries, regarding the design, construction, modernization, repair, maintenance, administration and operation of roads and, together with the Ministry of Internal, rules on traffic safety on roads open to public traffic, which are subject to approval according to legal provisions; i) develop studies and programs on works aimed at improving traffic safety on public roads; j) develop norms, studies and programs on the determination of indicators of technical condition of roads, of traffic evolution and of establishing the priority order for road works; k) elaborates rules on the organization of own quality control in the field of roads, as well as rules on the registration and processing of road traffic l) elaborates a unified conception regarding the assimilation of specific machinery and equipment, the application of new and efficient technologies, agreed according to the law, in the design and execution of road works. " 60. Article 59 shall become Article 58. 61. Paragraph 1 of Article 60 shall become paragraph 1 of Article 59, with the following contents: "" Art. 59. -(1) The management of the activity of design, execution, modernization, repair, maintenance, operation and administration of county roads and of those of local interest lies with the local public administration authorities, in compliance with the provisions of art. 24 24. " 62. Paragraph 2 of Article 60 shall become paragraph 2 of Article 59. 63. Article 61 shall become Article 60, with the following contents: "" Art. 60. -(1) It constitutes contraventions and is sanctioned with fine the following facts, if not committed so that, according to the criminal law, to constitute crimes: a) violation of art. 17 17 para. ((2), art. 31 31, art. 36 36, art. 44 44 para. ((1), art. 47 47 para. ((1), art. 49 49 para. (2) is sanctioned with a fine of 500,000 lei to 3,000,000 lei; b) violation of art. 16 16 para. ((2), art. 26 26, art. 32 32 para. ((2), art. 40 40 para. ((2), art. 41 41 para. ((2), art. 42 42, art. 43 43, art. 44 44 para. ((3), art. 46 46, art. 47 47 para. ((2)-(5), art. 48 48, art. 50 50, art. 52 52 and art. 53 is sanctioned with a fine from 5,000,000 lei to 10,000,000 lei. (2) If, by committing one of the contraventions provided in par. (1), the roads have been degraded, respectively totally or partially destroyed, in the minutes of finding the volume of degraded degradation will also be recorded. The amount of compensation is to be determined on the basis of documentation prepared by the competent authorities, according to the law. The related compensation constitutes income at the disposal of the road manager, respectively for the restoration of the degradations 64 64. Letters a) and b) of Article 62 become letters a) and b) of Article 61. 65 65. Letter c) of Article 62 becomes the letter c) of Article 61, with the following contents: "c) officers and police officers, as appropriate." 66 paragraphs 1 and 2 of Article 63 shall become paragraphs 1 and 2 of Article 62, with the following contents: "" Art. 62. -(1) Provisions of art. 60 is completed with the provisions of Law no 32/1968 on establishing and sanctioning contraventions. (2) The provisions of art. 24 24 para. ((1) and of art. 25 25 of Law no. 32/1968 32/1968 does not apply to the design, construction and modernization of roads, as well as to the location of construction in the road area. " 67. Article 64 shall be repealed. 68. Article 65 shall become Article 63, with the following contents: "" Art. 63. -The amounts of fines provided for in art. 60 may be amended by Government decision. " 69. Article 66 shall become Article 64, with the following contents: "" Art. 64. -The provisions provided in art. 2 2, art. 24-27 24-27, art. 30 30 and 31, art. 38 38 and art. 42 also applies to private utility roads, open to public traffic, and the provisions of art. 60, only for art. 30 30, art. 41 41, art. 43 43, art. 44 44 para. ((3), art. 47 47, art. 50 50 and 51. " 70. Article 67 shall become Article 65, with the following contents: "" Art. 65. --Until January 1, 1998 the Ministry of Transport will develop-in accordance with the norms of the European Union-and will publish in the Official Gazette of Romania, Part I, new rules and technical regulations on the design, construction, rehabilitation and modernization of public roads, as well as those on the design and realization of streets in urban localities, to replace those repealed according to art. 67 67 of this ordinance. " 71. Article 68 shall become Article 66. 72. Article 69 shall become Article 67. 73 73. Letters A) and B) of Annex no. 2 2 will have the following contents: Annex 2 " A) Maximum tonnage limits on axles: Road categories in terms of the road systemTypes of osieDistance between the adjacent axes < 1,40 < = 2,00 > 2.00 Modernized, European (E) roads and other roads open to heavy traffic, according to the list approved by the Ministry of Transport-simple 10.0 (11.0) double (tandem) 16.0 (18, 0) tripled (tridem) 22,0 Other modernized roads 8,0 double (tandem) 14,5 tripled (tridem) 20,0 Pebbled roads 7.5 double (tandem) 12,0 tripled (tridem) 16,5 NOTE: The tonnages in parenthesis (...) apply in the case of vehicles with pneumatic suspension, as road rehabilitation. It is considered double axle (tandem) combination of two axles having a distance of not more than 2,0 m. At uneven weights on the axles, the tonnage on the most charged axis that is part of the tandem shall not exceed the maximum tonnage allowed per single axle for the respective road category (10,0 t; 8,0 t; and 7,5 t respectively). It is considered triple axle (tridem) the combination of three axles with a distance of not more than 1,40 m, and the table on two adjacent axes forming part of the tridem shall not exceed the maximum tonnage allowed on the double axle (with the same distance between the axles). for the respective road category. For multiple axles, consisting of more than three adjacent axles, the mass on any group of adjacent axles shall not exceed the tonnage allowed on the axle thus constituted (depending on the distance between the axles) for the respective road category. The specific pressure on the road clothing shall not exceed 6,0 daN/cmp for the nemotive axle and 7,0 daN/cmp for the engine axle. B) The maximum permissible total tonnages for vehicles shall be Vehicles: -with two axles, having the distance between the axles: ▪less than 4,0 m ................................................ 16,0 t ▪equal to or greater than 4,0 m ............................. 17,0 t (1 8,0 t) -with three axes ............................................... 22,0 t (2 4.0 t) -with four axes .............................................. 24.0 t (3 0.0 t) -articulated bus with three axes ...................................... 26,0 t Remorci: -with two axes, having the distance between the axes: ▪less than 4,0 m ................................................ ................................................ 16,0 t ▪equal to or greater than 4,0 m ...................................... 17.0 t -with three axes ........................................................ 22,0 t Combinations of vehicles: -self-tractor with and semi-trailer: ▪with three axes ...................................................... 30.0 t ▪with four axles, having the distance between the axles: -below 2,0 m ...................................................... 34,0 t -equal to or greater than 2,0 m .................................... 36,0 t ▪with five and six axes (regardless of the distances between the axles) ....... 40.0 t -self-train (motor vehicle + trailer = total four axes) ................. 34.0 t ▪combination having five or more axes ......................... 40.0 t NOTE: The tonnages in parenthesis (...) shall apply to motor vehicles with pneumatic suspension, as road rehabilitation. " + Article 2 Government Ordinance no. 43/1997 on the legal regime of roads, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I. This law was adopted by the Chamber of Deputies at the meeting of March 16, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU This law was adopted by the Senate at the meeting of March 16, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS -------