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Law No. 105 Of 27 June 2000

Original Language Title:  LEGE nr. 105 din 27 iunie 2000

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LEGE no. 105 105 of 27 June 2000 for approval Government Ordinance no. 44/1997 on road transport and rejection Government Ordinance no. 73/1998 to amend and supplement Government Ordinance no. 44/1997 on road transport
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 299 299 of 30 June 2000



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 44 44 of 28 August 1997 on road transport, 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. 222 of 29 August 1997, with the following amendments and additions: 1. In Article 1, paragraphs 1 and 3 shall read as follows: "" Art. 1. -(1) The provisions of this ordinance constitute the general framework for the organization, conduct and ensuring the smooth and safe conduct of road and freight transport, in compliance with the principles of free competition and measures to protect the environment, the rights and legitimate interests of natural and legal persons and to meet the needs of the national economy and the defence needs of the country. ...................................................................... (3) In all the reports generated by the road transport activity and its related activities, the protection of human life and the environment is a priority. " 2. In Article 2, paragraphs 1, 2 and 3 shall read as follows: "" Art. 2. -(1) By road transport means any transport operation that is carried out with road vehicles for the movement of persons, goods and goods, even if the road vehicle is, on a certain stretch of the road, transported in turn or on/by another means of transport; the activities related to road transport are considered road transport operations. (2) By road transport operator means any legal person, Romanian or foreign, who owns in the property or with any other title road vehicles and who performs domestic and/or international road transport, as well as activities related thereto. (3) The Romanian road transport operator means any operator, as defined in par. (2), with headquarters, domicile or residence in Romania, and foreign citizens used in the activities of the respective legal person shall also have the right to work in Romania. " 3. In Article 3, paragraph 1 shall read as follows: "" Art. 3. -(1) The terms and expressions used in the present ordinance and in all normative acts specific to road transport, elaborated according to it, are defined in Annex no. 1 1. " 4. In Article 4, paragraph 1 shall read as follows: "" Art. 4. -(1) The Ministry of Transport, as the specialized body of the central public administration, is a state authority in the field of road transport and represents, for the purposes of this ordinance, the competent authority that ensures the general framework for the achievement, modernization, development and safety of road transport. 5. In Article 4 (3), points a), b), g), k), l) and t) shall read as follows: " a) exercise the authority of registry and state inspection in road transport; b) organize and keep records of all types of vehicles admitted into circulation, except those whose records are held, according to the law, by the Ministry of National Defence, the Ministry of Interior and other institutions; ...................................................................... g) classify road vehicles for domestic and international freight transport; ...................................................................... k) authorizes the establishment and operation of the technical inspection stations, supervises and controls their activity and attests to the personnel who carry out the periodic technical inspection to the systems that directly compete at the traffic safety; l) ensure the technical inspection of road vehicles, in order to re-register them; ...................................................................... t) elaborates, with the opinion of the Ministry of Health, norms on psychological and medical examination, in order to issue the driving license, as well as for periodic checks. " 6. Article 5 shall read as follows: "" Art. 5. -The Ministry of Transport may designate subordinate public institutions, autonomous kings, as well as commercial companies, operating under its authority, to develop and implement technical rules and vehicle-specific regulations. road, as well as road transport and ensure inspection and specialist technical control. " 7. Article 6 shall read as follows: "" Art. 6. -Public institutions, autonomous regions, as well as companies, provided in art. 5, will be self-financing from tariffs and commissions, obtained from specific benefits, as well as from other sources, constituted according to the law. " 8. Article 9 shall read as follows: "" Art. 9. -Public road transport is carried out on the basis of a contract, against payment, by road transport operators, holders of licences obtained under the conditions of this ordinance, which have as their object of activity road transport and which hold in property or any other road vehicles, regardless of their transport capacity. '; 9. Article 10 shall be repealed. 10. In Article 11, points a), c) and d) shall read as follows: " a) the carrier shall use vehicles owned or with any other title; ...................................................................... c) the goods or goods transported are the property of the carrier or were sold, bought or rented or were produced, extracted, processed or repaired by it, the purpose being only to move them, the transport being to or from the carrier or between its working points; d) the persons transported are the employees of the transport operator or their family members, the purpose of the transport being in the interest of their own, family, social, cultural, sporting or charitable activities. " 11. Article 12 shall be repealed. 12. Article 14 shall read as follows: "" Art. 14. -International road transport direct or in transit or transport in the area of small border traffic on the territory of Romania can be executed by foreign road transport operators, in compliance with the Romanian legislation, agreements and bilateral or international conventions in the field of road transport, to which Romania is a party. " 13. Article 15 shall read as follows: "" Art. 15. -Road transport in cabotage mode on the territory of Romania is prohibited, if bilateral or international agreements and conventions in the field of road transport, to which Romania is a party, do not provide otherwise. " 14. In Article 17, paragraph 1 shall read as follows: "" Art. 17. --(1) The establishment of a bus station open to domestic and/or international traffic shall be endorsed by the competent authority and the local or county council, as the case may be. " 15. Article 18 shall read as follows: "" Art. 18. -In the localities where the departures, arrivals and, respectively, the established transit stops exist will be carried out only in and out of them. " 16. Article 19 shall read as follows: "" Art. 19. -Changing the destination of autostations or technological spaces specific to road transport activity, which would affect the public service, without the consent of local or county councils, as the case may be, is prohibited. " 17. Article 20 shall read as follows: "" Art. 20. -Transport operators who carry out public transport by road of persons through regular flights have non-discriminatory access to bus services, according to the transport schedule, for a fee. " 18. Article 21 shall read as follows: "" Art. 21. -The arrangement of parking in public road protection areas is allowed with the agreement of the respective road managers. " 19. Article 22 shall read as follows: "" Art. 22. -(1) The arrangement of the stations for the climb and descent of passengers is made, according to the transport programs, by the respective local public administration. (2) The places affected by the stations for the climb and descent of the passengers shall be established by the local public administration authorities according to the schedule of persons by regular flights, with the opinion of the Ministry of Interior; for the location stations on national public roads is necessary and the agreement of the competent authority. (3) The obligation to maintain the stations for the climb and descent of passengers belongs to the manager of that road. " 20. Article 24 shall read as follows: "" Art. 24. -In the localities where there are no bus stations can be established by the local council respectively stop points in transit, departure or arrival, in which the minimum facilities of the activity in a bus station can be ensured. " 21. Article 25 shall read as follows: "" Art. 25. -(1) Road transport operators are obliged to use road vehicles that fall under the legal rules of pollution, safety and security of road transport. (2) For access to road infrastructures road vehicles manufactured in the country or abroad, registered or to be registered in Romania, are subject to approval or certification for traffic on public roads and periodic technical inspections, and those belonging to road transport operators are subject to the application of the execution licence on the vehicle, by categories and types of transport. " 22. In Article 26, paragraphs 1 and 3 shall read as follows: "" Art. 26. -(1) Certification and approval for the movement on public roads of new, rebuilt or imported vehicles shall be granted by the competent authority, which shall issue the identity card of that road vehicle. ...................................................................... (3) Certification and approval for traffic on public roads will be requested by manufacturers of road vehicles, new times rebuilt, or by their authorized representatives or by natural or legal persons who import them, after case. " 23. Article 27 shall read as follows: "" Art. 27. -(1) Economic agents providing repair, rebuilding or technical inspection of road vehicles may carry out these activities only on the basis of operating authorization issued by the competent authority. (2) The methodological norms and conditions for carrying out the repair, reconstruction or technical inspection of vehicles, as well as the conditions for granting the operating permits of the economic agents providing such services establish by the competent authority. '; 24. Article 28 shall read as follows: "" Art. 28. -Equipment, spare parts and materials for motor vehicles and trailers, manufactured in the country or imported, must be technically certified and/or approved, according to the regulations in force, by the competent authority. " 25. Article 30 shall read as follows: "" Art. 30. -Vehicles used in road transport, to which the provisions of the European Agreement on the work of crews of vehicles carrying out international road transport (AETR) or other legal provisions apply, will be equipped with control or recording apparatus, approved, installed and sealed in accordance with specific technical prescriptions. '; 26. In Article 31, paragraphs 1 and 4 shall read as follows: "" Art. 31. --(1) Autocars and buses for public transport of persons in national and international traffic shall be classified by the competent authority on the stars and by categories, depending on the technical, safety and comfort characteristics. ...................................................................... ((. Where coaches and buses do not maintain their technical and operating characteristics according to the classification criteria, they shall be withdrawn the classification certificate by the competent authority. " 27. The title of Chapter V shall read as follows: "" CHAPTER V Exercise of the profession of road transport operator " 28. Article 32 shall read as follows: "" Art. 32. -Road transport operators have free and non-discriminatory access to road transport activities carried out on the public road. " 29. In Article 33, paragraph 1 shall read as follows: "" Art. 33. -(1) Road transport operators registered in the Register of road transport operators, held by the competent authority, may carry out road transport operations. " 30. In Article 34, paragraphs 1, 3 and 4 shall read as follows: "" Art. 34. -(1) The transport license is granted to public road transport operators who meet the conditions of honorability, professional competence, financial capacity and the necessary material technical basis. ...................................................................... ((3) The condition of professional competence is fulfilled if the person who leads permanently and effectively the activity possesses a certificate issued by the competent authority or a diploma of graduation of a technical higher education institution of specialty. ((. The financial capacity condition shall be deemed to be fulfilled if the transmission operator has sufficient financial resources, vehicles and/or equipment, held under any title, for the commencement and/or pursuit of business. " 31. In Article 35, paragraph 2 shall read as follows: "(2) If the carrier holds road vehicles on the basis of lease or lease basis, the transport license shall be granted during the period of validity of this contract, but not more than 5 years." 32. Article 36 shall read as follows: "" Art. 36. -Licences or transport permits, as the case may be, may be suspended or cancelled in the event of serious or repeated deviations from the specific regulations on road transport and environmental protection, including from the provisions of the specification, or where one of the conditions imposed for obtaining the licence or the transport authorisation, as the case may be, is no longer fulfilled. ' 33. In Article 37, paragraph 1 shall read as follows: "" Art. 37. -(1) The carrying out of a road transport of a certain category and of a certain type of transport, with the exception of transport for personal interest, shall be permitted on the basis of the execution licence, issued by the competent authority for each vehicle, on the number of movement or for a certain route, in the case of public road transport through regular passenger transport services. " 34. In Article 37, after paragraph 1, paragraphs 1 and 1 shall be inserted and (1 ^ 2) with the following contents: "" (1 ^ 1). -County or inter-county public transport, between two bordering counties, through regular passenger transport services, is executed only with a route license, issued by the competent authority, based on transport programs, requested and approved by local or county councils or by the General Council of Bucharest, as the case may be. ((1 ^ 2). -In the case of other inter-county or international public transport, carried out by regular passenger transport services, the route licence shall be issued by the competent authority, on the basis of transport programmes, drawn up and approved by the 35. In Article 37, paragraph 2 shall read as follows: "(2) The performance licence, together with the other documents established by the competent authority must be on board the road vehicle and be presented at the request of the competent control bodies." 36. in Article 40, points a), b), d), e), g), h), i), m) and p) shall read as follows: " a) carrying out road transport or carrying out activities related to them, according to the provisions of Annex no. 2 2 section C, without licences or with licences with expired validity, suspended or cancelled, as well as non-compliance with the provisions of the specifications, annexes thereto; b) carrying out transport for third parties, against payment or equivalent in kind or services, by road transport operators in their own interest; ...................................................................... d) carrying out tourist transports in domestic and international traffic or public transport of persons in domestic and international traffic with non-classified coaches and/or minibuses or with expired classification certificate; e) the granting of transport licenses and execution licenses for road transport operators in violation of the provisions of this ordinance; ...................................................................... g) the marketing or use of vehicles whose identification characteristics no longer correspond to the data referred to in the vehicle identity card; h) the marketing or use of vehicles which have not been subject to approval for movement or equipment, spare parts and materials which have not been certified or approved in accordance with the legal provisions; i) the operation of the units repair and rebuild of vehicles, as well as of technical inspection stations without authorization or with expired shelf life; ...................................................................... m) non-compliance by drivers of driving and rest times, established according to the provisions of the European Agreement on the activity of crews of vehicles carrying out international road transport (AETR); ...................................................................... p) the journey of passengers without valid travel cards in public transport of people through regular flights in local, county, inter-county and international traffic; " 37. In Article 40, letter q) becomes the letter r), and after this the letter s) is inserted with the following contents: "s) the movement on public roads of vehicles to which the periodic technical inspection has expired validity of more than 30 days." 38. Article 41 shall read as follows: "" Art. 41. -It is sanctioned with a fine: -from 200,000 lei to 400,000 lei, the facts provided in art. 40 lit. p); -from 800,000 lei to 1,200,000 lei, the facts provided in art. 40 lit. e), f), k), m), n), o) and s); -from 1.600,000 lei to 2,000,000 lei, the facts provided in art. 40 lit. d), i), j), l) and r); -from 3,200,000 lei to 4,000,000 lei, the facts provided in art. 40 lit. a), b), c), g) and h). " 39. Article 41 (1) shall be inserted after Article 41: "" Art. 41 41 ^ 1. -The amounts of fines provided for in art. 41 may be amended annually by Government decision, depending on the rate of inflation. " 40. Article 42 shall be repealed. 41. Article 43 shall read as follows: "" Art. 43. -The contraventions provided for in this ordinance are found and sanctioned by: -staff empowered for that purpose by the competent authority; -police officers and sub-officers of the traffic services and border police, for specific activities; -the personnel designated by the local public administration authorities empowered for this purpose, within the limits of the duties established by law; -the control personnel of the Ministry of Finance, according to the competences granted; -personnel with control tasks of the road transport operator, only for their own vehicles. ' 42. Article 46 shall read as follows: "" Art. 46. -The local, county councils or the General Council of Bucharest Municipality, as the case may be, have the initiative and decide on issues of local interest regarding public transport of persons, except those given by law in the competence of other authorities public. " 43. Article 47 shall read as follows: "" Art. 47. -Operators carrying out road transport for their own interest, goods and persons, in international traffic with motor vehicles having a maximum permissible total mass of more than 3,5 tonnes or capacity exceeding 9 seats, including that of The provisions of this ordinance concerning the public road transport operator shall be applicable to the driver, road transport of dangerous goods or agabarithics. Other operators carrying out road transport in their own interest with motor vehicles having a maximum permissible total mass of more than 3,5 tonnes or capacity of more than 9 seats shall be authorised in respect of professional capacity and the basic technical conditions required. '; + Article 2 Annexes no. 1 1 and 2 to Government Ordinance no. 44/1997 on road transport is replaced by Annexes no. 1 and 2 which form an integral part of this law. + Article 3 Government Ordinance no. 44/1997 on road transport, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs the corresponding numbering. + Article 4 Rejected Government Ordinance no. 73 73 of 25 August 1998 to amend and supplement Government Ordinance no. 44/1997 on road transport, issued pursuant to art. 1 1 section 12 lit. l) of Law no. 148/1998 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 313 313 of 27 August 1998. This law was adopted by the Senate at the meeting of May 22, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of May 23, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, VASILE LUPU + Annex 1 DEFINITIONS For the application of this ordinance the terms and expressions below have the following meanings: ● motor vehicle-vehicle travelling on the road by its own propulsion, with the exception of vehicles travelling on rails and mopeds; ● related road transport activity related to road transport operations; ● Vehicle-motor vehicle which, by construction and equipment, is intended for the transport of persons, luggage and/or their goods, having no more than 9 seats, including that of the driver; ● bus-vehicle intended and equipped for the transport of persons and their luggage, having at least 17 seats, including that of the driver; ● coach-bus intended for the transport of persons for tourist purposes, in conditions of special comfort, provided from the construction with specially arranged spaces outside the salon, for luggage storage, and other services; ● travel agency-specially arranged space in which activities to issue travel, information and guidance to travellers are carried out; ● transport authorization-the document certifying that the road transport operator fulfils the conditions of professional competence and the necessary material technical basis, having the right to carry out road transport in compliance with regulations in the field ● international transport authorization-the document issued in accordance with the regulations in force, which entitles the carrier to carry out under certain conditions one or more consignments within the territory of another country, on its period of validity; ● bus station-specially arranged space in which activities related to regular public passenger transport services are carried out; ● cabotage-road transport operation carried out between two loading-unloading points located on the territory of a country by a foreign road transport operator. The unladen movement of a vehicle between two international transport operations shall not be considered cabotage; ● certification-an activity by which an accredited body issues a written document certifying that a product, process or service complies with the specified conditions; ● collection and dispatch of goods-pickup, storage and freight forwarding activity in small and medium-sized slopes; ● periodic technical inspection-technical verification of road vehicles registered, carried out at the time limits, certifying the continuity of their conformity with the specific technical rules; ● intermediation in road transport-operation whereby an economic agent takes over from the beneficiaries the orders for national and/or international road transport which he performs in his own name through a road transport operator or by association with other intermediaries or operators in other modes of transport or intermediates transport between beneficiaries and road transport operators; ● Vehicle execution licence-the document of the road transport operator under which it may carry out certain categories and types of transport, according to the technical characteristics of the vehicle which it holds under any title, for which it was committed to comply with the provisions of the specification; ● the execution licence for activities related to road transport-the document by which an economic operator can carry out activities related to road transport, for which he has committed to comply with the provisions of the specification, the Annex thereto; ● transport licence-the document certifying that the road transport operator fulfils the conditions of honorability, professional competence, financial capacity and material technical basis, having the right to carry out road transport, in compliance with national and international regulations and the provisions of the specification, the Annex thereto; ● execution license for the route-the document under which the road transport operator obtains the right to execute public transport of persons through regular services or special regular services in national or international traffic on a certain route, according to the specification, the Annex thereto; ● messaging-luggage transport activity, unaccompanied packages and parcels, through special messaging races or through buses serving the transport routes of people through regular services; ● the maximum permissible total mass-the maximum total mass of the laden vehicle, declared admissible on the occasion of approval by the competent authority; ● minibus (or minibus)-motor vehicle intended for the transport of 10-17 persons on seats, including that of the driver, but not more than 22 persons on seats and standing; ● approval-marketing authorization or use for a specified purpose or in established conditions of a product, process or service; ● approval for movement-authorization for admission in traffic on public roads, under regulated conditions, of road vehicles; ● operator for activities related to road transport economic agent carrying out related activities for road transport; ● transport programme-the document drawn up by the competent authority, setting out the routes for the public transport of persons through regular services, traffic schedules, departure, arrival and stopping points in the journey for local, inter-county and international local transport; ● refabrication (reconstruction) of vehicles-industrial production activity of vehicles, in which new or refurbished parts, assemblies and subassemblies are used, on a manufacturing flow with technology and quality assurance system certificates of competent bodies; ● trailer-road vehicle which does not have its own propulsion system and which is intended to be towed by the motor vehicle; ● regular service of transport of persons-activity during which persons are transported, on the basis of travel cards, on an established route, respecting a schedule schedule, persons being boarded or landed at public stations or at the trail ends; ● special regular service of passenger transport-regular service during which it is carried, on the basis of cards issued by the beneficiary of the transport, only a certain category of persons, these being boarded or landed in points established stopping, other than public stations; ● public station-point on the route of a regular service of passenger transport, arranged and properly signposted, in which the vehicles stop for the climb and descent of passengers; ● occasional service of transport of persons-an activity which may be carried out by transport operators only on the basis of a single contract, for a group of persons previously constituted, nominated in the list of passengers; ● quality system-organizational structures, procedures, processes and resources necessary for the implementation of quality management; ● supervision-the assessment carried out by an accredited body, in order to determine whether a product, process or service is still in accordance with the specified conditions; ● special transport-transport of goods, goods or persons, carried out with one or more vehicles, under special transport conditions; ● specialized transport-transport of goods, goods or persons with vehicles provided with special facilities for this purpose; ● public transport of persons-transport activity of persons against payment or equivalent in kind or services; ● national road transport-transport operation that is carried out with a road vehicle registered in a country, only on the territory of that country; ● international road transport-transport operation which is carried out with a road vehicle between the localities situated on the territory of at least two countries; ● local road transport of persons-transport operation of persons running with a road vehicle only on the administrative territory of a locality; ● county road transport-transport operation that is carried out with a road vehicle between at least two localities located on the territory of the same county; ● inter-county road transport-transport operation that is carried out with a road vehicle between localities located on the territory of two or more counties; ● vehicle for the transport of dangerous goods-vehicle which is so constructed and equipped, that it complies with the technical conditions imposed by the regulations in force for the transport of ● vehicle for the transport of perishable goods-vehicle specially arranged for the carriage of goods at controlled temperatures; ● vehicle for the transport of live animals-specially arranged vehicle for the transport of live animals and birds; ● road vehicle-mechanical system travelling on the road with or without its own means of propulsion and which is used for the transport of persons, goods, goods or services or works. Exception to the provisions of this ordinance are vehicles with animal traction and those pushed or drawn by hand. + Annex 2 CATEGORIES AND TYPES OF TRANSPORT I. Road transport categories -------------------------------------- A. Classification in terms of road transport: 1. National Road Transport 2. International Road Transport B. Classification in terms of road transport character: 1. Public Transport 2. Transport for self-interest C. Classification in terms of the character of transport activities: 1. Transport itself 2. Related activities: 2.1. Activities carried out in the framework of the 2.2. Activity of travel agency 2.3. Activity of transport intermediation 2.4. Activity of collection, dispatch and distribution of goods 2.5. Messaging activity 2.6. Other related activities to be defined by Government Decision II. Types of road transport ------------------------------ A. Transport of goods and goods 1. General freight transport 2. Transport of perishable goods 3. Transport of dangerous goods 4. Transport of live animals 5. Transport of goods with masses and/or dimensions exceeded 6. Transport with specialized vehicles 7. Special transport with vehicles 8. Other shipments, which will be determined by order of the Minister of Transport B. Transport of persons 1. Transport through regular services 2. Transport through special regular services 3. Transport through occasional, other than tourist races 4. Transport through occasional tourist races 5. Taxi Transport *) ---------- Note *) Transport in taxi mode will be regulated by a later law. 6. Transport in rent a car 7. Other shipments, which will be determined by order of the Minister of Transport C. Mixed transport of goods and persons III. Activities related to road transport ------------------------------------------- 1. The bus station and the activities carried out within it 2. Travel agency activity 3. Activity of intermediation of transport activities 4. The activity of collecting and forwarding goods 5. Messaging activity 6. Other related activities -----