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Law No. 413 Of 26 June 2002 On The Approval Of The Government Ordinance. 79/2001 On The Amendment Of The Ordinance No. 43/1997 On The Road

Original Language Title:  LEGE nr. 413 din 26 iunie 2002 privind aprobarea Ordonanţei Guvernului nr. 79/2001 pentru modificarea şi completarea Ordonanţei Guvernului nr. 43/1997 privind regimul drumurilor

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LEGE no. 413 413 of 26 June 2002 on approval Government Ordinance no. 79/2001 to amend and supplement Government Ordinance no. 43/1997 on road conditions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 490 490 of 9 July 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 79 79 of 30 August 2001 to amend and supplement Government Ordinance no. 43/1997 on the road regime, published in the Official Gazette of Romania, Part I, no. 541 of 1 September 2001, with the following amendments and additions: 1. In Article I, point 1 shall read as follows: "" 1. Paragraph 2 of Article 1 shall read as follows: < < (2) The provisions of this ordinance shall apply in full to all public roads and, in part, to private utility roads. > > " 2. In Article I, after point 1, points 1 ^ 1-1 ^ 6 are inserted as follows: "" 1 ^ 1. Article 3 will read as follows: < a) public roads-public utility roads intended for road and pedestrian traffic, in order to satisfy the general transport requirements of the national economy, the population and the defense of the country; they are public property; b) private utility roads-roads intended to satisfy the own road and pedestrian transport requirements towards economic, forestry, oil, mining, agricultural, energy, industrial and other, access to premises, as well as those inside them, as well as those for site organizations; they are managed by the natural or legal persons who have them in the property or in administration. > > 1 1 ^ 2. Article 4 will read as follows: < a) roads open to public traffic, which include all public roads and those private utility roads that, as a rule, ensure non-discriminatory access of vehicles and pedestrians; b) roads closed to public traffic, which include those private utility roads that serve the objectives to which the public does not have access, as well as those public utility roads temporarily closed to public traffic. > > 1 1 ^ 3. Article 6 will read as follows: < a) highways; b) express roads; c) European national roads (E); d) main national roads; e) secondary national roads. ((2) The inclusion in these categories is made by the Ministry of Public Works, Transport and Housing, with the exception of European national roads, the framing of which is established according to the international agreements and conventions to which Romania is part. (3) The proposals for the classification of national roads in the category of European national roads (E) shall be made by the Ministry of Public Works, Transport and Housing. > > 1 1 ^ 4. Article 7 will read as follows: < a) county residences with municipalities, with cities, with commune residences, with spa and tourist resorts, with ports and airports, with important objectives related to the defense of the country and with important historical objectives; b) cities and municipalities, as well as between them and the joint residences; c) joint residences. > > 1 1 ^ 5. Article 11 will read as follows: < > 1 1 ^ 6. Article 13 will read as follows: < (2) The proposals to amend the classification of a vicinal road or a street in the communal road and vice versa shall be made by decision of the local council; if the road is within two or more administrative-territorial authorities, the amendment proposals are made with the agreement of all interested local councils. In all cases, the opinion of the Ministry of Public Works, Transport and Housing is required. > > " 3. In Article I, after point 2, points 2 ^ 1-2 ^ 5 are inserted as follows: "" 2 ^ 1. Paragraph 1 of Article 19 shall read as follows: < > 2 2 ^ 2. Article 20 will read as follows: < > 2 2 ^ 3. Paragraph 1 of Article 21 shall read as follows: < > 2 2 ^ 4. Article 24 will read as follows: < > 2 2 ^ 5. Article 26 will read as follows: < > > " 4. In Article I, after point 3, points 3 ^ 1-3 ^ 3 are inserted with the following contents: "" 3 ^ 1. Article 33 will read as follows: < > 3 3 ^ 2. Article 35 will read as follows: < > 3 3 ^ 3. Article 36 will read as follows: < > > " 5. In Article I, points 4 ^ 1 and 4 ^ 2 are inserted after point 4: "" 4 ^ 1. Article 38 will read as follows: < > 4 4 ^ 2. Article 39 will read as follows: < > > " 6. In Article I, point 5 shall read as follows: "" Five. Article 40 will read as follows: < (2) The maximum permissible total mass, the maximum permissible mass per axle, the maximum permissible dimensions of the gauge, and the conditions imposed on vehicles admitted in circulation on public roads are those set out in Annex no. 2. ((3) List of public roads, with the limits of the maximum permissible masses and dimensions set out in Annex no. 2 for goods transport vehicles, will be established annually by order of the Minister of Public Works, Transport and Housing and published in the Official Gazette of Romania, Part I. ((4) The limits set out in Annex no. 2 can be modified by order of the Minister of Public Works, Transport and Housing, as the execution of works to increase the bearing capacity of public roads. (5) Foreign and Romanian carriers are subject to road use tariffs, in accordance with the provisions of bilateral agreements and, respectively, with the internal regulations in force, which are constituted, according to the law, in sources of financing works of administration, operation, maintenance, repair and modernization of public roads. > > " 7. In Article I, point 6 shall read as follows: "" Six. Article 41 will read as follows: < (2) Given that the national or county roads, on which the shipments provided in par. (1), it crosses an urban locality, it is also necessary the opinion of the local public administration that manages the portion of that road. (3) Where works for the development or consolidation of roads and works of art are necessary for such consignments, as well as the modification of air or underground installations of any kind, they shall be borne by Transport beneficiary (4) For the shipments referred to in par. (1) Additional charges for the use of roads, determined by the total mass or mass of the axle, of the gauge dimensions of motor vehicles and of the distance covered, which constitute financial sources in the account of the issuer, shall apply. special transport authorisation for the management of those roads. These tariffs shall be determined and proposed by the managers of public roads and shall be approved: a) for roads of national interest, by order of the Minister of Public Works, Transport and Housing; b) for roads of county interest, by decision of the county councils, with the opinion of the Ministry of Public Works, Transport and Housing; c) for roads of local interest, by decision of local councils, with the opinion of the county councils. (5) It is exempted from the payment of the tariffs provided in par. (4) vehicles belonging to the Military Fire Corps, public fire services and the public road manager respectively. > > " 8. In Article I, point 7 shall be repealed. 9. in Article I, after point 8, point 8 ^ 1 is inserted as follows: "" 8 ^ 1. Letters e) and f) of Article 43 shall read as follows: < f) the movement of motor vehicles on moorings, on ditches, on sidewalks, on road safety spaces or on the emergency or median lane of highways; > > " 10. In Article I, point 9 shall read as follows: "" 9. Article 44 will read as follows: < (2) For the protection of certain road sectors their administrators may establish temporary, duly signposted restrictions on speed, the maximum permissible total mass and the maximum permissible mass on the axle of the vehicles allowed to run on the respective sector, with the information of the Road Police, the Ministry of Public Works, Transport and Housing and users. (3) It is prohibited to block or place obstacles of any kind on the amprise of public roads, except in cases authorized by the road manager and the Traffic Police and which will be duly signposted. > > " 11. In Article I, after point 9, points 9 ^ 1-9 ^ 3 are inserted as follows: "" 9 ^ 1. Paragraph 1 of Article 45 shall read as follows: < > 9 9 ^ 2. Article 46 will read as follows: < > 9 9 ^ 3. Paragraph 1 of Article 47 shall be repealed. '; 12. In Article I, paragraph 11, paragraph 5 of Article 47 shall read as follows: " (5) The holders of billboards, constructions or installations accepted with the prior agreement of the road manager in the area of public roads shall be obliged to execute, at their own expense and without any compensation from the the road manager, the demolition, the move or their modification, if such was agreed with the road manager at the time of the agreement, as this is required by the construction, upgrading, modification, maintenance or the exploitation of the public road, as well as the safety of circulation. " 13. In Article I, after point 11, points 11 ^ 1-11 ^ 5 are inserted as follows: "" 11 ^ 1. Article 51 will read as follows: < ((2) The modification of the geometric elements of the route, the creation of new accesses or any other interventions on the public road are made with the agreement of the road manager (3) The realization of the provisions ((1) and (2) must not affect the buildings and authorized underground and/or air installations located in the road area. Otherwise the responsibility lies with the road manager. > > 11 11 ^ 2. The title of Section VI of Chapter II shall read as follows: < > 11 11 ^ 3. Article 52 will read as follows: < ((2) The repair, maintenance and operation of access routes to roads open to public traffic are the responsibility of those who own them. > > 11 11 ^ 4. Article 53 will read as follows: < > 11 11 ^ 5. Paragraph 1 of Article 54 shall read as follows: < > > " 14. in Article I, after point 12, points 12 ^ 1-12 ^ 5 are inserted as follows: "" 12 ^ 1. -Paragraph 1 of Article 56 shall read as follows: < > 12 12 ^ 2. The title of Chapter IV shall read as follows: < > 12 12 ^ 3. The introductory part of Article 57 will read as follows: < > 12 12 ^ 4. Points c), g), i) and l) of Article 57 shall read as follows: < ....................................................................... g) elaborates, under the law, annual and prospective programs on the construction, modernization, repair, maintenance, operation and administration of roads of national interest, and together with the county councils, the programs financed from Special fund of public roads for county and communal roads; ....................................................................... i) develop studies and programs on works aimed at improving traffic safety on roads open to public traffic; ....................................................................... l) develop a unified conception regarding the application of new and efficient technologies, agreed according to the law, in the design and execution of road works. > > 12 12 ^ 5. Article 58 will read as follows: < > > " 15. In Article I, paragraph 13, paragraph 2 of Article 59 shall read as follows: "(2) For the design and modernization of streets that constitute parts of roads of national interest, the prior agreement of the Ministry of Public Works, Transport and Housing is required." 16. In Article I, point 14, Article 60 shall read as follows: "" Art. 60. -(1) It constitutes contraventions and is sanctioned with fine the following facts, if not committed so that, according to the criminal law, to constitute crimes: a) violation of art. 17 17 para. ((2), art. 31, 36, art. 40 40 para. ((1), art. 44 44 para. ((1) and of art. 49 49 para. (2) is sanctioned with a fine of 3,000,000 lei to 15,000,000 lei; b) violation of art. 16 16 para. ((2), art. 26 26, 30, art. 32 32 para. ((2), art. 40 40 para. ((2), art. 41 41 para. ((1), art. 43 43, art. 44 44 para. ((2) and (3), art. 46 46, art. 47 47 para. ((1 ^ 1) and (2)-(5), art. 48, 50, 52 and 53 are sanctioned with a fine from 20,000,000 lei to 40,000,000 lei. (2) For violation of art. 41 41 para. ((1) and of art. 44 44 para. (2) the offender will pay, in addition to the contravention fine, the value of the special transport authorization issued by the road manager for the original destination, according to the transport document. (3) If the vehicle of the carrier in transit was not weighed at the entrance to Romania for objective reasons (defective weighing installations or lack) and it is found by weighing at the exit from Romania exceeding the limits massages and/or gauge, it will be subject to special authorization for the entire (entry-exit) road in Romania, without being imposed a contravention fine. (4) The carriers that have loaded goods directly from Romania will also be subject to the same treatment. " 17. Article I, point 15 shall be repealed. 18. In Article I, point 16, Article 61 shall read as follows: "" Art. 61. -Finding the contraventions and applying the sanctions provided in art. 60 60 para. ((1) and (2) shall be made by: a) staff empowered by the Ministry of Public Works, Transport and Housing or by local councils, as the case may be; b) the road manager, and in traffic, together with the traffic police bodies; c) officers and police officers, as the case may be. " 19. in Article I, point 16 is inserted after point 16, with the following contents: " 16 ^ 1 Article 62 will read as follows: < > > " 20. Article II shall be repealed. 21. In point 3 of the Annex, positions 3.2.2 and 3.2.3 shall read as follows: E.R. EMP " 3.2.2.Higher or equal to 1,0 m and less than 1,3 m (1,0 < = d < 1, 3) 16 16 t16 t15 t14 t 3.2.3.Higher or equal to 1.3 m and less than 1.8 m (1.3 < = d < 1, 8) 17 17 t17 t16 t15 t " 22. In point 3 of the Annex, heading 3.2.4 is repealed. 23. In point 3 of the Annex, positions 3.3.2, 3.5.2 and 3.5.3 shall read as follows: E.R. EMP " 3.3.2.Higher than 1.3 m and less than or equal to 1,4 m22 t22 t20 t18 t or (1,3 < d < = 1, 4) 24 24 t * * * 3.5.2.Higher or equal to 1,0 m and less than 1,3 m15 t15 t14 t13 t or (1,0 < = d < 1, 3) 16 16 t*** 15 t * * * 3.5.3.Higher or equal to 1.3 m and less than 1,8 m18 t17 t16 t15 t " or (1,3 < = d < 1, 8) 19 19 t*** 18 t * ** 24. The position * ** in the subsoil of the annex will read: " *** It shall apply if the axle is fitted with air suspension or equivalent to it. ' 25. Point 2) of the Note in the Subsoil of the Annex shall read as follows: " 2) It is considered double axle (tandem) the combination of two axles having a distance of less than 1.8 m. At uneven masses on the axle mass on the most loaded axle that is part of the tandem shall not exceed the maximum permissible mass per single axle for the respective road category. It is considered triple axle (tridem) the combination of three axles having between them the distance of not more than 1,4 m, and the mass on two adjacent axles being part of the tridem must not exceed the maximum permissible mass on the double axle (with the same distance between the axles) for the respective road category. For multiple axles consisting of more than three adjacent axles, the mass of any group of adjacent axles shall not exceed the permissible mass on the axle thus constituted (depending on the distance between the axles) for that road. ' + Article 2 Government Ordinance no. 43/1997 , republished, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of June 17, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on June 18, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU -----------