Law No. 197 Of 4 November 1998 On Approval Of The Government Ordinance. 19/1997 Relating To Transport

Original Language Title:  LEGE nr. 197 din 4 noiembrie 1998 pentru aprobarea Ordonanţei Guvernului nr. 19/1997 privind transporturile

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Law No. 197 of 4 November 1998 on approval of the Government Ordinance. 19/1997 relating to transport, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 425 of 11 November 1998, the Romanian Parliament adopts this law.

Article 1 shall be subject to approval of the Government Ordinance No. 19 of 18 august 1997 relating to transport, issued pursuant to art. and (b). h) of law No. 134/97 for empowering the Government to issue decrees published in the Official Gazette of Romania, part I, no. 200 of 20 august 1997, with the following amendments and supplements: 1. Article 1 shall read as follows: Art. 1.-This Ordinance lays down general rules applicable to all modes of transport by road, rail, inland waterway and air transport within the national transport system, as well as the powers and responsibilities of the competent authorities, regulatory, coordination, control, inspection and surveillance on the activities of transport and to the means of transport.
The provisions of this Ordinance shall constitute the general framework applicable to all normative acts on specific modes of transport and their related activities. "
2. Article 2 shall read as follows: Art. 2.-national system of transportation strategic character, forms an integral part of the economic and social system and has the following components: a) transport infrastructure for road, rail, inland waterway and air transport;

b) means of transport;

c) carriers and related transport activities. "

3. Article 3 shall read as follows: Art. 3.-the main objectives of the national transportation system are: a) the realization of the connection of all localities in national transport network;

(b) ensuring the right to freedom) movement of citizens;

c) ensuring free movement of goods;

d carry out transport insurance) regarding national safety;

It's caused by his) ensuring international transport systems;

f) participation in social and economic development of the country. "

4. Article 4 shall read as follows: Art. 4.-national transportation system development is carried out taking into account the following requirements: (a) national programmes) promotion of the realization of sustainable development of the national economy;

b) defense needs of the country;

c) ensuring a high level of safety of traffic;

(d) economic efficiency);

e) conditions of preserving and protecting the environment;

f) rational use of energy;

g) compliance with international conventions and agreements to which Romania is a party. "

5. Article 5 shall read as follows: Art. 5.-transport modes, integral part of the national transport system, which is subject to the provisions of this Ordinance, they are: a) road transport;

b) rail transport;

c) shipping;

d) air transport;

e) multimodal transport and combined.

Each mode of transport be composed of transport infrastructure, means of transport, transport operators and their related activities.
Ministry of transportation coordinates transportation modes through a multimodal approach, taking into account existing capacities or those provided for each mode of transport and promoting rational development of combined transport, in compliance with the regulations specific to each mode of transport. "
6. Article 6 shall read as follows: Art. 6.-the State supports the development and operation of public transportation, subsidizes or, where appropriate, financial supports public transport of passengers, guaranteeing free enterprise and autonomy of transporters and ensure a fair competing between modes and between different categories of carriers. "
7. Article 7 shall read as follows: Art. 7.-Transport Users have equal access and non-discriminatory access to transport infrastructure in the public interest, free choice of mode of transport through exercising the right to move, have the opportunity to make themselves the transport times to call upon the services of a freely chosen carrier. "
8. Article 8 shall read as follows: Art. 8.-in all relations arising from the activity of transport protection of human life and the environment is a priority. "
9. Article 8 shall be inserted After article 8 ^ 1 with the following content: "Art. 8 ^ 1. -Transport infrastructure are designed for deployment of transport activities, related activities and activities relating to the administration of their respective infrastructures. Infrastructures intended for transport activities are horse road networks, railways, naval and air.
Means of transport are mobile assets, with or without motive power, arranged for the transport of persons or goods, specially designed to move down a path of communication road, railway, ferry or by air.
Carriers or transporters, Romanian or foreign, who have equal access and non-discriminatory access to infrastructure open to the public. Through the carriers ' shall mean natural or legal persons, authorized to transport, domestic or international, of persons or goods, in the public interest or in the interest of their own means of transport held in ownership or rent.
Related activities transport operators are individuals or legal entities that carry out the tasks that are being carried out in connection with/or during transport. "
10. the title of chapter II shall modify and shall read as follows: "the competent Authorities CHAPTER II.1. Powers ' 11. Article 9 shall read as follows: Art. 9.-the Ministry of transport is specialized body of the central public administration and in this quality shall have the following powers: to elaborate development strategies) of transport activities;

b develop and submit to approval) Government programs of modernization and development of transport infrastructures, open to the public, belonging to the public domain;

c) transport infrastructure Administration ensure open public access of national interest, belonging to the public domain of the State;

d) ensure all users have equal and non-discriminatory access to transport infrastructure open to the public;

e) ensure recipients the right to free choice of mode of transport, the carrier and the means of transport;

f) supports the development and operation of public transportation;

g) stimulate free enterprise and ensure transport autonomy;

h) ensure a normal competitive environment within each mode of transport, as well as between transport modes;

I) ensure transport and transport of military intervention in the event of natural disasters or other emergencies;

(j) ensure the development of the research) transport, in correlation with national research programmes;

k) develops economic policy in the transport sector;

It develops policies for development) transport multimodal and combined transport;

m) draw up balanced development policy covering all modes of transport;

n) ensure the management of public and private property of the State in the field of transport, assigned in administration by law;

an allocated financial resources) manage through the State budget, the resources from special funds for the development of transport infrastructures, or from external loans guaranteed by the State;

q) approve or submit to Government approval, where applicable, tariffs or fees for the use of transport infrastructure open to public access, belonging to the public domain of the State;

r) classify the transport infrastructure in accordance with national and international standards;

s) organise the work for his own Fund of transport statistics;

t) authorizes the operation of ports, airfields, railway stations and lacking;

u) liaises with similar ministries, other public authorities and organizations, as well as with legal or natural persons from the country or from abroad. "

12. Article 11 shall read as follows: Art. 11.-the Ministry of transport is the State authority in the field of transport by rail, road, sea, air, inland, multi-modal and combined with the following duties: a) represents the Government in the field of transport in international organisations and in bilateral relations with other States;

b) develops and promotes normative acts and standards designed to ensure the compatibility of the national system of international transport systems;

(c) mandatory technical regulation) issues for the construction, modernization, maintenance and operation of transport infrastructure;

(d) mandatory technical regulation) issues for the construction, inspection and operation of the technical means of transmission, including rules relating to the protection of the environment;

e) determines the functions and staff who work in transportation or compete in the traffic safety;

f) issuing binding rules of accreditation, certification, licensing and certification of personnel who work in transportation or compete in traffic safety and establishes the conditions for the suspension or cancellation of certificates, certificates, licences or patents granted;

g) organizes examinations and authorizations and issue certificates, permits, certificates, licences and certificates for transport staff, as well as for operators;

h) establishes the training and improvement programs for the staff of transport safety and organizes their deployment;

I) issue compulsory licensing rules and approval of economic agents who carry out or will carry out transport operations or traffic safety activities and establishes the conditions for granting, suspension or cancellation of licences and permits;

j) issuing binding rules of traffic safety in road transport, railway, Naval, air, and for combined and multimodal transport and supervise compliance therewith;

k) issue binding rules for carrying out the transport of dangerous goods;

l) grant or revoke the right of members of the Romanian flag vessels or aircraft, in accordance with the law;

m) certify the condition technique of means of transport in the area, in accordance with national and international regulations;

n) sets out the Organization of the regional road transport, railways, naval and air. Approve use of airspace, waterway in national and international waters, with the consent of the authorized organs of the Ministry of national defense and the Ministry of the Interior;

o) approves Romania's airspace to overflights, taking off and landing on civilian aircraft and airports situated on the territory of Romania;

p) provide routing of aircraft in the airspace of vessels in the waters of national waterways, in accordance with national and international regulations;

q) practise registry, inspection and control in transport;

r) grant permission for entry and departure of Romanian and foreign vessels in and out of the ports of the Romanian civil;

s) lays down the conditions for registration of ships, aircraft, motor vehicles and rolling stock;

s) ensure the type certification and individual means of transport;

t) oversees the ships, irrespective of their flag in the waters of the national waterways;

u) manages the set of frequencies allocated to communications;

v), may be granted on a reciprocal basis, the right to free use of transport infrastructure for foreign users;

x) authorizes works affecting safety zones and protection of infrastructures, open to the public;

y) sets out the compulsory pilotage areas in national waters navigable;

z) investigates the events or serious accidents in transportation products;

w) ensure, through its own network of medico-sanitary control specific navigation and safety and health protection requirements specific to all transport modes and activities. "

13. Article 13 paragraph 1 shall read as follows: "the regime of tariffs charged for the issue of permits and licenses and fees shall be established by decision of the Government, and the regime of access to the transport infrastructure in the public interest, and that of special funds of sums levied by way of levy shall be established by a special law."
14. After article 13 is inserted in articles 13 ^ 1 ^ 2 and 13, with the following content: "Art. 13 ^ 1. -Ministry of transport, county councils or local councils can ensure, in accordance with the law: a) the management of transport infrastructure in the public interest, location and maintenance of system information concerning public transport unit.

Unit mode of presentation of the information system will be established by the rules of the Ministry of transport;

b) establishing ceilings on tariffs and taxes, reductions or exemptions of tariffs and fees for special pricing conditions for the times some of natural or legal persons, when social factors so dictate. In such cases, the carrier will receive cash compensation from the Government or, where appropriate, on the part of local authorities, designed to cover the actual cost of transportation and to maintain public transportation.

Art. 13 ^ 2. -To ensure the public transport of persons, as well as to supply the population with strict necessity in isolated areas or accessible, the State will subsidize the additional expenses of carriers, at the request of the county councils justified. "
15. The title of chapter III shall read as follows: "CHAPTER III public and private Property in the field of transport" 16. Article 14 shall read as follows: Art. 14.-public transport Property consists of open public access infrastructure and public goods, are determined by law.
Other transport goods, belonging to the State or administrative territorial units, constitute private property. "
17. Article 15 shall read as follows: Art. 15.-Goods, publicly or privately owned State transport, can be put into administration, the decision of the Government, public institutions under the Ministry of transportation times can be rented or leased.
Goods, publicly or privately owned transport, managed by administrative-territorial units, may be rented or leased. "
18. Article 16 shall read as follows: Art. 16.-the Transport Ministry will draw up and submit for approval to the Government's national transport network scheme, which aims at ensuring travel of people and goods among all villages of the country, as well as the national transport infrastructure connecting the main international transport infrastructure.
County Councils, together with local councils will develop local transport network scheme, which will be approved by the Ministry of transport.
National transport network scheme will be approved by decision of the Government. "
19. Article 17 shall read as follows: Art. 17.-the transport of persons or goods transport may be in the public interest or in the interest of its own.
Shipments carried out by natural or legal persons, non-discriminatory access of third parties on the basis of a contract of carriage, transport, payment shall be in the public interest, referred to as public transport.
Transport contract is concluded between the carrier and the recipient of the transmission and is prima facie, for the transport of persons, by means of a carrier, and the passenger handed to transport goods through a specific document.
In the case of transport of people in football will be determined by the rules of the Ministry of transport and local councils how to apply the provision of paragraph 1. 3. Transportation contract may be concluded directly with the carrier or through intermediaries, authorised by the transport Ministry of transport. "
20. Article 18 shall read as follows: Art. 18.-personal Transport, executed by individuals in order to ensure the trip of persons or goods, as well as transport for their own benefit, held by natural persons or legal entities for their own activities with the means of transport on which they hold property or employ under a contract of hire, public transport is self-interest.
Transport of goods for their own benefit and people should form an attachment other economic activities carried out by the person who holds it and the goods carried must be the property thereof or be the result of its work.
Shipments in the self-interest of people or goods is performed without charging a flat fee or its equivalent in goods or services. "
21. Article 19 shall read as follows: Art. 19.-natural or legal persons to carry out transport of goods and persons, other than personal purposes, it authorizes by the Transport Ministry.
Record of permits by the Ministry of transportation records on unique modes of transport.
It exempts persons or bodies engaged in football.
For transport of goods and people, made in self-interest by the Ministry of national defense, Ministry of Interior and the other components of the national defence system, permits are granted by their own bodies. "
22. In article 20, paragraphs 2 and 3 shall be repealed.
23. Article 21 shall read as follows: Art. 21.-investment goals relating to transport infrastructure open to public access, equipment and technologies involved in the management of the Ministry of transport, shall be determined by it, on the basis of economic and financial assessments and criteria of efficiency within the same mode of transportation, or between different times of transport combinations.
Investment goals concerning open access to transport infrastructures and equipment in the local public administration authorities shall be determined by them. "
24. In article 22, paragraphs 1 and 3 shall read as follows: Art. 22.-financing necessary for new facilities or modernize existing infrastructure can come from special funds set up for each mode of transport from reinvestment of profits earned from bank loans, internal or external, from the State budget or local budgets, as appropriate, as well as from other sources constituted according to the law. ".
"Use of airspace, transport infrastructures that are open to the public, belonging to the public domain, and adjacent facilities is done with the levying of rates, fees and special funds, which feeds for each mode of transport infrastructure."

25. Article 25 shall read as follows: Art. 25.-the date of entry into force of this Ordinance any provisions to the contrary are hereby repealed, with the exception of those governing institutions, competences in this field components of the national system of Defense. "

Article 2 of the Government Ordinance No. 19/1997, as amended by this law, shall the Republic Official Gazette of Romania, part I, posing corresponding numbering of paragraphs and articles.
This law was adopted by the Chamber of deputies at its meeting on 5 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU this law was adopted by the Senate at its meeting on 5 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU-— — — — — — — — — — — — — — — — —