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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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LEGE no. 197 197 of 4 November 1998 for approval Government Ordinance no. 19/1997 on consignments
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 425 425 of 11 November 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 19 19 of 18 August 1997 on consignments, issued pursuant to art. 1 lit. h) of Law no. 134/1997 for the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 200 of 20 August 1997, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1. -The present ordinance lays down the general rules applicable to road, rail, naval and air transport modes within the national transport system, as well as the duties and responsibilities of the competent regulatory authorities, coordination, control, inspection and surveillance on transport activities and means of transport. The provisions of this ordinance constitute the general framework applicable to all normative acts specific to transport modes and their related activities. " 2. Article 2 shall read as follows: "" Art. 2. -The national transport system is of strategic nature, forms an integral part of the economic and social system and has the following components: a) road, rail, ship and air transport infrastructures; b) means of transport; c) transport operators and transport related activities. '; 3. Article 3 shall read as follows: "" Art. 3. -The main objectives of the national transport system are: a) the realization of the connection of all localities to the national transport network; b) ensuring the right to free movement of citizens; c) ensuring the free movement of goods; d) ensuring that transport is carried out concerning national security; e) ensuring its connection to international transport systems; f) participation in the economic and social development of the country. " 4. Article 4 shall read as follows: "" Art. 4. -The development of the national transport system shall be carried out taking into account the following a) promoting national programmes to achieve sustainable development of the national economy; b) the defence needs of the country; c) ensuring a high level of traffic safety; d) economic efficiency; e) ensuring the conditions of conservation and protection of 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. -The modes of transport, an integral part of the national transport system, which are subject to the provisions of this ordinance, are: a) road transport; b) rail transport; c) shipping; d) air transport; e) multimodal and combined transport. Each mode of transport shall carry out transport infrastructure, means of transport, transport operators and related activities. The Ministry of Transport coordinates transport modes through a multimodal approach, taking into account existing capacities or those provided for each mode of transport and promoting a rational transport development. combined, in compliance with 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 transport, subsidises or, as the case may be, financially supports public passenger transport, guarantees free initiative and the autonomy of carriers and ensures the conditions of fair competition between modes of transport and between different categories of carriers. ' 7. Article 7 shall read as follows: "" Art. 7. -Transport users have equal and non-discriminatory access to public transport infrastructures, can freely choose the mode of transport by which they exercise the right to move, have the possibility to carry out transport themselves. or to call on the services of a freely chosen carrier. " 8. Article 8 shall read as follows: "" Art. 8. -In all the relations generated by the transport activity the protection of human life and the environment is a priority. " 9. Article 8 (1) shall be inserted after Article 8: "" Art. 8 8 ^ 1. -Transport infrastructures are intended to carry out transport activities, transport related activities and activities concerning the management of those infrastructures. The infrastructures for transport activities are the road, rail, ship and air networks. Means of transport are mobile means, with or without propulsion, arranged for the transport of persons or goods, specially intended to travel on a road, rail, naval or air communication path. Transport operators or carriers, Romanians or foreigners, who have equal and non-discriminatory access to infrastructure open to public access. Carriers shall mean natural or legal persons, authorised to carry out transport, domestic or international, of persons or goods, in the public interest or in their own interest, with means of transport owned or with rent. Operators of transport-related activities shall be natural or legal persons performing the activities in connection with/or during transport. " 10. Title Chapter II is amended and shall read as follows: "" CHAPTER II Competent authorities. Tasks " 11. Article 9 shall read as follows: "" Art. 9. -The Ministry of Transport is the specialized body of the central public administration and in this capacity it has the following tasks a) develop strategies for the development of transport activities; b) elaborates and submits to the Government's approval the programs for the modernization and development of public transport infrastructures, belonging to the public domain; c) ensure the administration of transport infrastructures open to public access of national interest, belonging to the public domain of the state; d) ensure that all users have equal and non-discriminatory access to public transport infrastructure; e) provide transport beneficiaries with the right to freely choose the mode of transport, the carrier and the means of transport; f) support the development and functioning of public transport g) stimulate free initiative and ensure the autonomy of transport; h) ensure the conditions of a normal competitive environment within each mode of transport, as well as between modes of transport; i) ensure the carrying out of military transport and transport of intervention in case of natural calamities or in other special situations; j) ensure the development of transport research, in conjunction with national research programmes; k) elaborates economic policy on transport; l) develop policies for the development of multimodal transport and combined transport; m) elaborates policies for balanced development of all modes of transport; n) ensure the management of public and private properties of the state in the field of transport, assigned by law; o) manage the financial resources allocated through the state budget, resources from special funds for the development of transport infrastructures or from external loans guaranteed by the state; q) approves or submits for approval to the Government, as the case may be, tariffs or charges for the use of public transport infrastructures, belonging to the public domain of the state; r) classify transport infrastructures in accordance with national and international standards; s) organize the activity for the establishment of the own transport statistical data fund; t) authorize the operation of ports, civil aerodromes, railway stations and bus stations; u) establish links with similar ministries, other public authorities and organizations, as well as legal or physical persons in the country or abroad. " 12. Article 11 shall read as follows: "" Art. 11. -The Ministry of Transport is the state authority in the field of railway, road, maritime transport, on inland, air, multimodal and combined waters, having the following duties: a) represents the Government in the field of transport in international bodies and in bilateral relations with other states; b) develop and promote normative acts and rules aimed at ensuring the compatibility of the national transport system with international transport systems; c) issue binding technical rules for the construction, modernization, maintenance and operation of transport infrastructures; d) issue binding technical standards for the construction, technical inspection and operation of means of transport, including rules on environmental protection; e) establishes the nomenclature of functions and personnel working in transport or competing in traffic safety; f) issue mandatory norms of attestation, certification, licensing and patenting of personnel working in transport or compete in traffic safety and determine the conditions for suspension or cancellation of attestations, certificates, licenses or patents granted; g) organize exams and authorizations and issue attestations, authorizations, certificates, licenses and patents for transport personnel, as well as for operators; h) establish training and refresher programs for transport safety personnel and organize their deployment; i) issue binding rules for the licensing and authorization of economic agents performing or performing transport activities or activities specific to traffic safety and establishing the conditions for granting, suspending or cancelling licences and authorisations; j) issue mandatory traffic safety rules in road, rail, ship, air transport, and multimodal and combined transport and supervise their compliance; k) issue binding rules for carrying out dangerous goods shipments; l) grant or withdraw the right to fly the Romanian flag of ships or civil aircraft, under the law; m) certifies the technical condition of the means of transport in the civil field, in accordance with national and international regulations; n) establishes the regional organization of road, rail, naval and air transport. Approves the use of airspace, waterways in national and international waters, with the consent of the competent bodies of the Ministry of National Defence and the Ministry of Interior; o) approve the overflight of the airspace of Romania, the take-off and landing of civil aircraft on/and at the airports located on the territory of Romania; p) ensure the airship in the airspace of Romania and ships in national navigable waters, in accordance with national and international regulations; q) exercise the activity of registry, inspection and transport control; r) grant permission to enter and leave Romanian and foreign ships in/and from Romanian civil ports; s) establishes the conditions for the registration of ships, aircraft, motor vehicles and rolling stock; s,) ensures the type and individual certification of the means of transport; t) supervise vessels, irrespective of their flag, in national navigable waters u) manage the assigned communications frequencies; v) may grant, on a reciprocal basis, the right of free use of transport infrastructures for foreign users; x) authorizes the performance of works affecting the areas of safety and protection of infrastructures, open to public access; y) establish compulsory pilot areas in national navigable waters; z) investigate the events or serious accidents produced in the transport activities; w) ensure, through its own network, the medical-health control specific to the safety of traffic and navigation and veterinary control specific to all modes and transport activities. " 13. Article 13 (1) shall read as follows: " The regime of tariffs charged for the issuance of permits and licenses and royalties is established by Government decision, and the regime of access charges to public interest transport infrastructures, as well as that of special funds made up of amounts collected as taxes shall be established by a special law. " 14. After Article 13, Articles 13 ^ 1 and 13 ^ 2 are inserted, with the following contents: "" Art. 13 13 ^ 1. -The Ministry of Transport, county councils or local councils can ensure, according to law: a) in the sphere of administration of public interest transport infrastructure, the location and maintenance of an information unit system on public passenger transport. The unitary way of presenting the information system will be established by norms by the Ministry of Transport; b) the establishment of ceilings of tariffs and taxes, discounts or exemptions from tariffs and taxes or special tariff conditions for some categories of natural or legal persons, when social factors so require. In these cases, the carrier will receive a cash compensation from the Government or, as the case may be, from local public authorities, intended to cover the actual cost of transport and maintain the public transport service. Art. 13 ^ 2. -In order to ensure public transport of persons, as well as to supply the population with products of strict necessity in isolated or hard-to-reach areas, the state will subsidize the additional expenses of carriers, at the request justified by county councils. " 15. The title of Chapter III shall read as follows: "" CHAPTER III Public and private property in the transport sector " 16. Article 14 shall read as follows: "" Art. 14. -Public property in the field of transport is made up of infrastructure open to public access, as well as from goods of public interest, established by law. Other goods in the field of transport, belonging to the state or administrative-territorial units, constitute their private property. " 17. Article 15 shall read as follows: "" Art. 15. -The goods, public or private property of the state in the field of transport, can be given in administration, by Government decision, to public institutions subordinated to the Ministry of Transport or can be rented or leased in the law. Goods, public or private property in the field of transport, managed by administrative-territorial units, can be rented or leased under the law. " 18. Article 16 shall read as follows: "" Art. 16. -The Ministry of Transport elaborates and submits to the Government approval the scheme of the national transport network, which aims to ensure the movement of persons and goods between all localities of the country, as well as national transport to the main international transport infrastructure. County councils, together with local councils will develop the local transport network scheme, which will be endorsed by the Ministry of Transport. The national transport network scheme will be approved by Government decision. " 19. Article 17 shall read as follows: "" Art. 17. -The transport of persons or goods can be transport in the public interest or transport for their own interest. Shipments executed by legal or natural persons, under non-discriminatory conditions of access for third parties, on the basis of a transport contract, for payment, are transport in the public interest, hereinafter referred to as public transport. The transport contract is concluded between the carrier and the transport beneficiary and is produced, for the transport of persons, by a transport title handed to the passenger, and for the transport of goods, by a specific document of transport. In the case of transport of persons in taxi mode it will be established by norms of the Ministry of Transport and local councils how to apply the provision of par. 3. The transport contract can be concluded directly with the carrier or through transport intermediaries, authorised by the Ministry of Transport. " 20. Article 18 shall read as follows: "" Art. 18. -Transport for personal interest, executed by natural persons in order to ensure the movement of persons or goods, as well as transport to its own use, organized by natural or legal persons for their own activities, with the means of transport that they own in the property or use them under a lease, is transport for their own interest. Transport to its own use of goods and persons must constitute the accessory of another economic activity carried out by the person who organizes it, and the goods transported must be the property of it or be the result its activity. Consignments of persons or goods shall be carried out without charge or equivalent in goods or services. '; 21. Article 19 shall read as follows: "" Art. 19. -The natural or legal persons who carry out shipments of goods and persons, other than those for personal interest, shall be authorized by the Ministry of Transport. The record of authorizations is held by the Ministry of Transport in single registers, on transport modes. Natural or legal persons who carry out transport in taxi mode shall be exempted. For shipments of goods and persons, carried out for their own interest by the Ministry of National Defence, the Ministry of the Interior and other component institutions of the national defence system, the authorizations shall be granted by the bodies their own. " 22. in Article 20, paragraphs 2 and 3 shall be repealed. 23. Article 21 shall read as follows: "" Art. 21. -The investment objectives of transport infrastructures open to public access, their equipment and technologies, under the administration of the Ministry of Transport, are established by this, based on assessments economic and financial and efficiency criteria within the same mode of transport or between different modes or combinations of modes of transport. The investment objectives of public access transport infrastructures and equipment under the administration of local public authorities shall be determined by them. " 24. In Article 22, paragraphs 1 and 3 shall read as follows: "" Art. 22. -The means of financing necessary to carry out new infrastructures or to modernise existing infrastructures may come from special funds, constituted for each mode of transport from the reinvestment of the profit obtained, from bank loans internal or external, from the state budget or local budgets, as the case may be, as well as from other sources constituted according to the law. " ............................................................................... " The use of air space, transport infrastructures open to public access, belonging to the public domain, and adjacent facilities is done with the charging of fees, royalties and tariffs, which fuel special funds for infrastructure of each mode of transport. ' 25. Article 25 shall read as follows: "" Art. 25. -On the date of entry into force of this Ordinance any provisions to the contrary shall be repealed, with the exception of those governing in this field the powers of the component institutions of the national defence system. + Article 2 Government Ordinance no. 19/1997 , as amended and supplemented by this law, shall be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs the corresponding numbering. This law was adopted by the Chamber of Deputies at the meeting of October 5, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, PAULA IVANESCU This law was adopted by the Senate at the meeting of October 5, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, CRISTIAN DUMITRESCU ------------------