Law No. 105 Of 27 June 2000

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

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Law No. 105 of 27 June 2000 approving Ordinance No. 44/1997 on road transport and the rejection of the Government Ordinance. 73/1998 on the amendment of the Government Ordinance No. 44/1997 concerning road transport published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 299 of 30 June 2000 Parliament adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 44 of 28 august 1997 concerning road transport, issued pursuant to art. and (b). h) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 222 of 29 august 1997, with the following amendments and supplements: 1. In article 1, paragraphs (1) and (3) shall read as follows: Art. 1.-(1) the provisions of this Ordinance shall constitute the general framework for the Organization, conduct and ensuring the smooth operation and deployment in the safety of road transport of people and goods, while respecting the principles of free enterprise and the protection of the environment, rights and legitimate interests of natural and legal persons and for meeting the needs of the national economy and defence needs of the country.
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(3) In all relations arising from road transport activity and its related activities protection of human life and the environment is a priority. "
  

2. In article 2 (1), (2) and (3) shall read as follows: Art. 2.-(1) by road transport shall mean any transport operation which is carried out by road vehicles for the movement of persons, goods and property, even if the vehicle is on a certain portion of the road, transported in its turn on/by another means of transport; road transport related activities are considered as road transport operations.

(2) by road haulage operator ' shall mean any legal person, whether foreign or Romanian, owning property or with any other vehicle on the road and that engages in the carriage of domestic and/or international, as well as their related activities.
  

(3) by the Romanian road transport operator shall mean any operator, as defined in paragraph 4. (2) with its headquarters, domicile or residence in Romania, and foreigners using the activities of the legal person to have and work in Romania. "
  

3. In article 3, paragraph 1 shall read as follows: Art. 3. — (1) the terms and expressions used in this Ordinance and in all normative acts specific to road transport, according to her, are defined in the annex. 1. "4. In article 4, paragraph (1) shall read as follows: Art. 4.-(1) the Ministry of transportation, as a specialized body of the central public administration, is the State authority in the road transport sector and represent, for the purposes of this Ordinance, the competent authority shall provide the general framework regarding the development, modernization, and road transport safety. "
5. In article 4 (3) (a)),),),),) and t) shall read as follows: "to assert her authority) registry and the State inspection of road transport;

b) organizes and keeps track of all types of vehicles accepted into the movement, except for those whose highlight is, according to the law, the Ministry of national defense, the Ministry of Internal Affairs and other institutions;
  

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g) classify vehicles intended for the carriage of goods by domestic and international;
  

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k) authorizes the establishment and functioning of the technical inspection stations, shall monitor and control their activities and attest staff inspecting technique periodically to systems that compete directly to safety;
  

l) ensure the technical inspection of vehicles, in order to reinmatricularii them;
  

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t) develops, with the opinion of the Ministry of health, the rules concerning psychological and medical examination for the issue of driving licence, and for the periodic verifications. "
  

6. Article 5 shall read as follows: Art. 5.-Ministry of transportation may designate public institutions subordinate, 1900, as well as companies, which operate under its authority, to develop and to implement specific technical standards and regulations, road vehicles and road transport and to ensure inspection and technical control. "
7. Article 6 shall read as follows: Art. 6.-public institutions and administrations, as well as companies, referred to in art. 5, will be autofinanta from the rates 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 transport is carried out under contract, against payment, by road transport operators, holders of licences obtained under the present Ordinance, which haulage activity and holding the property or any other road vehicles, regardless of their ability to transport. "
9. Article 10 shall be repealed.
10. In article 11 (a)), c) and (d)) shall read as follows: ' a) carrier uses vehicles held in ownership or any other title.

(c) goods transported) goods or are the property of the carrier or have been sold, bought, or leased times were produced, extracted, processed or repaired by the latter, the aim being to only move towards transport or carrier between points;
  

d) persons carried are the carrier's employees or members of his family, the aim being for the benefit of transport's own activities, family, social, cultural, sporting or charity. "
  

11. Article 12 shall be repealed.
12. Article 14 shall read as follows: Art. 14.-international road transport transit times or direct shipments in the area of small cross-border traffic in Romania can run of road transport operators, in compliance with the Romanian legislation, bilateral agreements and conventions or international road transport, to which Romania is a party. "
13. Article 15 shall read as follows: Art. 15.-road transport cabotage regime on Romanian territory is forbidden, whether bilateral agreements and conventions or international 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 an internal bus stations open for traffic and/or internationally endorsed by the competent authority and the City Council or County, as applicable. "
15. Article 18 shall read as follows: Art. 18.-In localities where there are bus stations, arrivals and departures, respectively, established transit stops will be realized only in and out of them. "
16. Article 19 shall read as follows: Art. 19.-use change or technological spaces lacking specific road transport activity, which would affect the public, without the consent of local councils or County, as applicable, shall be prohibited. "
17. Article 20 shall read as follows: Art. 20.-carriers that perform public transport by road of persons through regular non-discriminatory access to services were velenta, the transportation charge. "
18. Article 21 shall read as follows: Art. 21.-Fitting the parking areas, the protection of public roads is allowed with the consent of the administrators of the respective roads. "
19. Article 22(3) shall read as follows: Art. 22.-(1) Fitting stations for boarding and disembarking passengers shall be carried out in accordance with programmes for transport, local Government said.

(2) the places affected workstations for boarding and alighting of passengers shall be determined by the local public administration authorities in accordance with the programme of transport of persons through regular, with the opinion of the Ministry of the Interior; for stations on the national roads is required and the consent of the competent authority.
  

(3) the requirement to maintain the stations for boarding and disembarking passengers belong to the administrator of the road concerned. "
  

20. Article 24 shall read as follows: Art. 24.-In localities where there is bus stations can be set up by the local Council concerned stopping points in transit, departure or arrival, in order to ensure minimum facilities activity from a bus station. "
21. Article 25 shall read as follows: Art. 25. — (1) road transport operators are obliged to use road vehicles which comply with the legal safety and pollution, security of road transport.

(2) For access to the road infrastructures on-road vehicles manufactured in the country or abroad, registered or to be registered in Romania, are subject to approval or certification for circulation on public roads and periodic technical inspections, and those belonging to road transport operators are subject to obtain the license of execution, categories and types of transport. "
  

22. In article 26, paragraphs (1) and (3) shall read as follows: Art. 26. — (1) the certification and approval for circulation on public roads of new vehicles, rebuilt or imported shall be granted by the competent authority, which will release the identity card of the vehicle road respectively.
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(3) certification and approval for circulation on public roads will be required by manufacturers of road vehicles, new or rebuilt, or authorized representatives or of natural or legal persons who import them as appropriate. "
  

23. Article 27(2) shall read as follows: Art. 27. — (1) the economic agents who provide services for the repair, reconstruction or technical inspection of road vehicles can carry out these activities only on the basis of the operating permit issued by the competent authority.

(2) the detailed rules and conditions for the conduct of activities relating to repairs, reconstruction or technical inspection of vehicles and the conditions for the granting of permits for the operation of economic entities providing such services shall be determined 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 certified and/or approved technically, according to the regulations in force, by the competent authority. "
25. Article 30 shall read as follows: Art. 30.-motor vehicles used in road transport, subject to the provisions of the european agreement concerning the work of crews of vehicles engaged in international road transport (AETR) or other law, will be equipped with control devices or record, approved, installed and sealed according to specific technical requirements. "
26. In article 31, paragraphs 1 and 4 shall read as follows: Art. 31. — (1) Coaches and buses for public transport in national and international traffic is categorizing by the competent authority on the stars and, depending on the technical characteristics, safety and comfort.
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(4) where coaches and buses do not retain technical and operating characteristics according to the criteria of classification, the classification certificate shall be withdrawn 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 non-discriminatory access and road transport activities are carried out on the public highway. "
29. In article 33, paragraph (1) shall read as follows: Art. 33. — (1) may carry out operations of road transport road transport operators registered in the register of road transport operators, kept by the competent authority. "
30. In article 34, paragraphs (1), (3) and (4) shall read as follows: Art. 34. — (1) the license shall be granted to transport road transport operators who fulfil the conditions for public good repute, financial fitness, professional competence and the necessary technical base material.
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(3) the condition of professional competence is met where the person who runs permanently and effectively the work possesses a certificate issued by the competent authority or a diploma of graduation to a higher technical educational institutions.
  

(4) the financial standing condition shall be considered fulfilled if the carrier has sufficient financial resources, vehicles and/or of endowment required, held under any title, for starting and/or activity. "
  

31. In article 35, paragraph (2) shall read as follows: "(2) where the carrier holds the road vehicles on contract hire or leasing, transportation license is granted for the period of validity of this agreement, but no more than 5 years."
32. Article 36 shall read as follows: Art. 36.-Licenses or authorizations to transport, as appropriate, may be suspended or cancelled in the event of serious or repeated infringements of regulations concerning road transport, specific and environmental protection, including the provisions of the specification, or where one of the conditions for obtaining the licence or authorization to transport, as appropriate, is no longer met. "
33. In article 37, paragraph (1) shall read as follows: Art. 37. — (1) the making of a carriage of a particular type and a particular type of transport, with the exception of personal transport, is permitted on the basis of license, issued by the competent authority for each vehicle, number of service or for a specific route, in the case of carriage by scheduled public transport services. "
34. In article 37, after paragraph (1) shall be inserted (1 ^ 1 and ^ 2-1) with the following contents: "(1 ^ 1). -County Public Transports or interjudetene, between two bordering counties, regular services of transport of people, is executed only with a license, issued by the competent authority on the basis of transport programmes, requested and approved by the local councils or District Council times General Bucharest city, where appropriate.
(1 ^ 2). -In the case of all other public transport interjudetene or international, carried out regular services for the transport of persons, the trail shall be issued by the competent authority on the basis of transport programmes, drawn up and approved of it. "
35. In article 37, paragraph (2) shall read as follows: "(2) the license, together with the other documents as determined by the competent authority must be kept on board the vehicle and be presented at the request of the authorized control organs."
36. In article 40 (a)), b), d), (e)), g), (h)),),) and p.) will read as follows: "carriage) or the pursuit of their activities as outlined in the annex. 2 point C without licensing or licence with validity expired, suspended or cancelled, as well as non-compliance with the provisions of the specification, the annexes thereto;

b) transport for third parties against payment times the equivalent in nature or services, by road transport operators in their own interest;
  

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d) making transport in domestic and international traffic or public transport of persons in domestic and international traffic with buses and/or scheduled buses or with class certificate expired;
  

e) licensing of transport and licensing for road transport operators in violation of the provisions of this Ordinance;
  

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g) marketing or use of vehicles which no longer correspond to the identification of the data referred to in the identity card;
  

h) marketing or use of vehicles which were not subject to approval for service or equipment, spare parts and materials that were not certified or approved in accordance with the legal provisions; I) operation of repair and reconstruction, as well as technical inspection stations without authorization or with term of validity expired;
  

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m) failure by drivers to driving times and rest periods, established under the provisions of the european agreement concerning the work of crews of vehicles engaged in international road transport (AETR);
  

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p) journey without passengers travel passes valid for public transport people in trafficking through regular local, County, interjudetean and internationally; "
  

37. In article 40, the letter q) becomes the letter r), and then insert the letter s) with the following content: "s) the movement of vehicles on public roads at which regular technical inspection has term of validity expired more than 30 days."
38. Article 41 shall read as follows: Art. 41.-fine shall be imposed on:-200,000 lei lei, the facts at 400,000. 40 lit. p);
from 800,000 lei to 1,200,000 lei, the facts referred to in art. 40 lit. e), f), k), m, n)), a and s));
-from 2,000,000 to 1,600,000 lei lei, the acts referred to in article 1. 40 lit. d)), j), l) and r);
-from 3,200,000 lei to 4,000,000 lei, the facts referred to in art. 40 lit. a), b), c), g) and (h)). "
39. According to article 41 shall be inserted in article 41 ^ 1 with the following content: "Art. 41 ^ 1. -The amounts of the fines referred to in article 1. 41 may be amended by decision of the Government on a yearly basis, depending on the inflation rate. "
40. Article 42 is repealed.
41. Article 43 shall read as follows: Art. 43.-Offences provided for in this Ordinance it is noticed and it sanctioned by:-staff empowered for this purpose by the competent authority;
-Police officers and subofiterii within the services and border police, for specific activities;
-staff designated by the local public administration authorities empowered for this purpose, within the limits of powers laid down by law;
-the staff involved in the control of the Ministry of Finance, in accordance with the competences granted;
-the staff involved in control of the road transport operator solely for its own vehicles. "
42. Article 46 shall read as follows: Art. 46.-local councils, County or the General Council of Bucharest, where appropriate, have the initiative and decide on issues of local interest public transport of persons, with the exception of those data by law within the competence of other public authorities. "
43. Article 47 shall read as follows:

"Art. 47. operators engaged in the carriage of goods by self-interest, and people in the international traffic in motor vehicles which have a maximum authorized total mass of more than 3.5 tonnes or capacity of more than 9 seats including the driver's seat, carriage of dangerous goods or the provisions applicable to them oversized this Ordinance regarding public road transport operator. Other road transport operators engaged in their own interest in motor vehicles which have a maximum authorized total mass of more than 3.5 tonnes or capacity of more than 9 seats are authorised with regard to professional competence and the necessary technical base material. "


Article 2 appendices. 1 and 2 to the Government Ordinance. 44/1997 concerning road transport are replaced by appendices. 1 and 2 which are an integral part of this law.


Article 3 the Government Ordinance. 44/1997 concerning road transport, with the amendments and additions made by this Bill, will be republished in the Official Gazette of Romania, part I, posing corresponding numbering of paragraphs and articles.


Article 4 the Government Ordinance. 73 of 25 august 1998 on the amendment of the Ordinance No. 44/1997 concerning road transport, issued pursuant to art. 1, point 12, subparagraph (c). l) of law No. 148/1998 on empowering the Government to issue decrees published in the Official Gazette of Romania, part I, no. 313 of 27 august 1998.
This law was adopted by the Senate at its meeting of 22 May 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 23 May 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU Annex 1 DEFINITIONS For the purposes of this Ordinance the terms and expressions below have the following meanings: ● motor vehicle-vehicle that moves on the road by its own propulsion, with the exception of vehicles which run on itself and mopeds;
● carriage-related activity-activity that is conducted in connection with road transport operations;
● car-motor vehicle, machinery and equipment design, is intended for the carriage of passengers, baggage and/or their property, taking no more than 9 seats including the driver's seat;
● bus-powered vehicle designed and equipped for the carriage of passengers and their baggage, having at least 17 seats, including the driver's seat;
● bus-bus intended for the carriage of passengers in tourist purposes, under conditions of great comfort, provided design with specially designed spaces besides the lounge, baggage storage, and other services;
● travel agency-special space in which they are engaged in the issue of travel up, information and guidance to travellers;
● transportation authorization-a document attesting that the road transport operator meets conditions of professional competence and the necessary technical base material, entitled to carry out road transport operations in compliance with regulations in this area;
● international transport authorisation document issued in accordance with the regulations in force, which entitle the carrier to perform under certain circumstances one or more transport in the territory of other countries, during its term of validity;
● specially designed bus-space the scheduled activities of public transport services;
● cabotage transport operation effected between two points of loading-unloading located in the territory of a country by a road transport operator. Without loads of a vehicle between two international transport operations is not considered cabotage;
● certification activity through which a body accredited shall issue a written document that certifies that a product, process or service conforms to specified conditions;
● collection and dispatch of the goods takeover activity, warehousing, and freight forwarding in partizi small and medium enterprises;
● periodic technical inspection-technical inspection of vehicles, carried out within specified time limits, which attest the continuity of their conformity with technical regulations;
● trade intermediary in road transport operation by which a trader takes over from road transport controls for beneficiaries at national and/or international that it performs under his own name through a road transport operator or by association with other intermediaries or operators of other transport modes or mediate contraction of transport between beneficiaries and road transport operators;
● license for vehicle-carrier carriage document under which it can execute certain categories and types of transport, in accordance with the technical characteristics of the vehicle's construction it holds under any title, for which it has undertaken to respect the provisions of the specification;
● license for road transport related activities-the document by which a trader can execute activities related to road transport, which has undertaken to respect the provisions of the specification, the annex thereto;
● transportation license-a document attesting that the road transport operator satisfies the conditions of good repute, financial fitness, professional competence and technical base material, entitled to carry out road haulage operations, in compliance with national and international regulations in this field and the provisions of the specification, the annex thereto;
● license for trail-document under which the road transport operator shall obtain the right to run public transport of persons by means of regular services, including special regular services or in national or international traffic on a particular route, according to the specification, the annex thereto;
● messaging-transport activity of luggage, packages and parcels through special racing-400.000 messaging or by buses serving routes to transport people through regular services;
● maximum authorized total mass — total mass of laden, declared admissible on the occasion of the approval of the competent authority;
● minibus (or coaches)-motor vehicle intended for the transport of construction through 10-17 people, including the driver's seat but not more than 22 people seated and standing;
● type approval-approval of marketing or use in a specified set of conditions or in a product, process or service;
● type approval for admission authorisation circulation circulation on public roads, covered, road vehicles;
● operator for the related activities of road transport operator carrying out activities related to road transport;
● transportation program-document drawn up by the competent authority, which shall lay down the routes for public transport of persons by means of regular services, schedules, points of departure, arrival and stopping in local county transport roadmap, interjudetene and international;
● remanufacturing (reconstruction) of vehicles-production activity of industrial vehicles, using spare parts, assemblies and parts new or reconditioned for a workflow manufacture technology and quality assurance system certified by competent bodies;
● trailer-road vehicle which lacks a proper system of propulsion and intended to be towed by the motor vehicle;
● scheduled transfer service-activity during which carry people, travel passes, a route established, in accordance with a schedule chart, people being imbarcate or landed in public stations or at the ends of the trail;
● special regular service transporting persons-regular service during which the transport based transport passes issued by the recipient, only a certain category of people, which are imbarcate or landed in stopping points determined, other than public stations;
● public station-point on the route of a regular service for the transport of persons, and suitably marked, in which they stop vehicles for boarding and alighting of passengers;
● transport occasional service-activity that can be effected by the carrier (s) solely on the basis of a single contract for a certain group of persons constituted, nominated in the list of passengers;
● quality system-organizational structures, procedures, processes and resources needed to implement quality management;
● evaluation of surveillance-a body accredited in order to determine whether a product, process or service is still under the conditions specified therein;
● special transport-transportation of goods, property or persons, conducted with one or more vehicles, the special conditions of carriage;
● specialised transportation-transportation of goods, property or persons with vehicles equipped with special facilities for this purpose;
● public transport-transport activity of persons against payment or equivalent in nature or services;
● national road transport-transport operation which is performed with a road vehicle registered in a country, only in the territory of the country concerned;

● international road transport-transport operation which is performed with a vehicle on the road between the settlements on the territory of at least two countries;
● local road transport-transport operation of people who are executed with a road vehicle solely on the administrative territory of a locality;
● County Road transport-transport operation which is performed with a road vehicle between at least two settlements located in the same County;
● interjudetean road transport-transport operation which is performed with a road vehicle between the localities situated in the territory of two or more counties;
● vehicle for transport of dangerous goods-vehicle is so constructed and equipped as to comply with the technical conditions prescribed by the regulations in force for carriage of dangerous goods;
● vehicle to transport perishable goods-vehicle specially equipped for the carriage of goods at controlled temperatures;
● vehicle for the transport of live animals-vehicle specially equipped for the carriage of animals and birds;
● road vehicles-mechanical system which travels on the road with or without their own means of propulsion and used for the carriage of passengers, cargo, supplies or for performing works or services. Exception from the provisions of this Ordinance with animal traction vehicles and those pushed by hand or drawn.


Annex 2 CATEGORIES and TYPES of TRANSPORT i. categories of road transport — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — a. Classification in terms of road transport: 1. National Road Transport 2. International road transport b. Classification from the point of view of the character of the road transport: 1. public Transport 2. Transport in self-interest c. Classification from the point of view of the character of the activities of transport: 1. Transport itself 2. Related activities: 2.1. The activities undertaken in the framework of velenta 2.2. Travel agency activity 2.3. Transport brokerage activity 2.4. The activity of collecting, shipping and distribution of goods 2.5. 2.6 messaging activity. Other related activities will be defined by a decree of the Government. Types of carriage — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — a. transport merchandise and goods 1. General cargo transport 2. Transport of perishable foodstuffs 3. Transport of dangerous goods 4. Shipments of live animals 5. Transport of goods with the masses and/or size exceeded 6. Transport specialized vehicles 7. Transports vehicles 8. Other transports, which will be established by order of the Minister of Transport Transport B 1. Regular transports Services 2. Transports special regular services 3. Transport through occasional races other than tourist 4. Shipments through the occasional tourist 5 races. Transport taxi *) — — — — — — — — — — * Note) shipments under a taxi will be regulated by a law.

6. Shipments under rent a car 7. Other transports, which will be established by order of the Minister of transport c. mixed Transport of goods and persons III. Road transport-related activities — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1. The bus terminal and the activities undertaken within the framework of its 2. The business of travel agency 3. The activity of intermediation of transport activities 4. The activity of collecting and forwarding of goods 5. Messaging activity 6. Other related activities — — — —-