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Law No. 167 Of 22 April 2003

Original Language Title:  LEGE nr. 167 din 22 aprilie 2003

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LEGE no. 167 167 of 22 April 2003 for approval Government Ordinance no. 81/2000 on the certification of road vehicles registered in the technical rules on road traffic safety, environmental protection and use as intended, by regular technical inspection
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 291 291 of 25 April 2003



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 81 81 of 24 August 2000 on the certification of road vehicles registered in the technical rules on road traffic safety, environmental protection and use as intended, by regular technical inspection, adopted pursuant to art. 1 lit. F point 5 5 of Law no. 125/2000 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 413 of 30 August 2000, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " ORDINANCE on the certification of road vehicles registered in the technical rules on road traffic safety, environmental protection and in the category of use as intended, by regular technical inspection " 2. Article 1 shall read as follows: "" Art. 1. -The registered road vehicles can run and can be used on public roads in Romania only if their technical condition complies with the national regulations on road safety, environmental protection and the category of use according to destination. " 3. Article 2 shall read as follows: "" Art. 2. -(1) The registered road vehicles may be kept in circulation only if the proof of their classification in the specific technical requirements laid down in the national regulations referred to in art. 1, by carrying out periodic technical inspections. (2) The obligation to carry out periodic technical inspections, as well as to respect their periodicity, depending on the category of vehicle, lies with the legal holder of the vehicle. ((. The categories of vehicles subject to periodic technical inspection and the periodicity of the technical inspection shall be as follows: a) vehicles intended for the transport of persons and who carry out public transport of persons or transport of persons for their own use-at 6 months; b) vehicles intended for the transport of persons and carrying out transport of persons for personal interest, who have, outside the place of the driver, no more than 8 seats-at 2 years; c) vehicles intended for the transport of persons and carrying out transport of persons for personal interest, who have, outside the place of the driver, more than 8 seats-one year; d) vehicles used for the transport of persons in taxi mode, in rental mode and for the learning of the driving car-at 6 months and those used as ambulances trucks-at one year; e) motor vehicles intended for the carriage of goods, having a maximum permissible total mass of more than 3,500 kg-one year; f) trailers and semi-trailers having a maximum permissible total mass of more than 3,500 kg-one year; g) motor vehicles with at least 4 wheels, intended for the carriage of goods, having a maximum permissible total mass not exceeding 3,500 kg, excluding tractors-at 2 years; h) trailers and semi-trailers having a maximum permissible total mass not exceeding 3,500 kg-to 2 years; i) motorcycles, mopeds, 3-wheel motor vehicles-at 2 years; j) agricultural or forestry tractors registered, having a maximum authorized total mass of more than 3,500 kg-one year; k) agricultural or forestry tractors registered, having a maximum permissible total mass not exceeding 3,500 kg-to 2 years; l) trailers and apiculture semi-trailers-at 3 years. (4) Vehicles intended for the transport of persons and carrying out public transport of persons or transport of persons to their own use, motor vehicles used for the transport of persons in taxi mode, in rental mode and for the learning of the car management is subject to the first periodic inspection at one year, if at the date of the first registration in Romania were new. (. The periodic technical inspection shall include, where appropriate, the following: a) roadside safety inspection; b) technical inspection on environmental protection; c) the technical inspection on the classification in the category of use as intended. ((6) The time limit for carrying out the first periodic technical inspection shall be counted from the date of the first registration, and for the following technical inspection, from the date of the previous one. " 4. Article 3 shall read as follows: "" Art. 3. -In the interval between two technical inspections the owner of the road vehicle has the obligation to ensure its maintenance in an appropriate technical condition, in order to comply with the technical rules on road traffic safety, protection environment and category of use according to destination. " 5. Article 4 shall read as follows: "" Art. 4. -(1) The periodic technical inspections shall be carried out by the Regia Autonomous lt; lt; the Romanian Auto Registry gt; gt;, hereinafter referred to as R.A.R., specialized technical body of the Ministry of Public Works, Transport and Housing, through the representations its county, or economic agents authorized and monitored by R.A.R. (2) The periodic technical inspection activity can be carried out by authorized economic agents, only on the basis of a franchise contract concluded with R.A.R. by them, under the law. ((3) By way of derogation from provisions art. 1 lit. c) of Government Ordinance no. 52/1997 on the legal regime of the franchise, approved with amendments by Law no. 79/1998 , republished, public institutions that have the necessary technical equipment for carrying out the regular technical inspection activity will be authorized and will conclude franchise contracts, these institutions thus also acquiring the status of beneficiary. (4) In the activity of periodic technical inspection, the authority of the R.A.R. shall materialize by using the registered trademark R.A.R. by authorized economic agents or authorized public institutions, hereinafter referred to as authorized persons. (5) Authorized persons, defined in par. (4), which concluded with R.A.R. franchise contracts for periodic technical inspection, do not have the right to assign the periodic technical inspection activity. (6) The apparatus used by persons authorized in periodic technical inspection stations must be metrologically endorsed and agreed by R.A.R. ((7) The testing of personnel carrying out periodic technical inspection shall be carried out by R.A.R. ((8) Monitoring of persons authorized to perform periodic technical inspection shall include: technical supervision of periodic technical inspection stations, control of the execution of periodic technical inspections at these stations, and technical control in traffic. ((9) The conditions regarding the authorization of economic agents and public institutions for the performance of periodic technical inspections, as well as for the attestation of personnel carrying out periodic technical inspections shall be established by order of the minister of public works, transport and housing. 6. Article 5 shall read as follows: "" Art. 5. -(1) Periodic technical inspection in road vehicles certified for the transport of dangerous goods or for the transport of perishable goods, to self-specializations for the transport of gas cylinders, to slow-tankers intended the transport of dangerous goods, to vintage vehicles, to motor vehicles for sports competitions and to road vehicles with special characteristics shall be carried out by R.A.R. at the stations of its representative offices. (. The competent authority may determine other categories of vehicles to which the periodic technical inspection shall be carried out by the R.A.R. at the stations of its representative offices. (3) For the vehicles referred to in par. ((1) and (2), as well as for vehicles intended for the transport of persons, with the exception of motor vehicles intended for the transport of persons carrying out persons for personal interest, shall not be granted periodic technical inspection if they are not met the conditions for classification in the category of use as intended. '; 7. Article 6 shall read as follows: "" Art. 6. -(1) The periodic technical inspection consists of checking the road vehicles without disassembly, using the appropriate equipment. (2) If the road vehicle complies with the provisions of this ordinance and the specific regulations, the technical inspection station shall record in the Annex to the registration certificate the date by which the following inspection is to be carried out periodic technique. At the same time the periodic technical inspection stations apply the corresponding badge on the registration plates. (3) On the registration of road vehicles in Romania the completion of the Annex to the registration certificate shall be made by the competent authority carrying out the registration, and the application of the periodic technical inspection badges remains in charge the legal holder. " 8. After Article 6, Articles 6 ^ 1 and 6 ^ 2 are inserted with the following contents: "" Art. 6 6 ^ 1. -(1) R.A.R. keeps the computerized record of the situation of periodic technical inspections for each road vehicle registered. (2) R.A.R. has access to the databases regarding the registration of road vehicles in Romania, based on protocols concluded with the holders of these databases. Art. 6 ^ 2. -(1) It constitutes contraventions, in so far as, according to the criminal law, it does not constitute crimes, the following facts: a) carrying out periodic technical inspections by unauthorized periodic technical inspection stations; b) the divestment of the periodic technical inspection activity by the authorized technical inspection stations; c) use in the activity of periodic technical inspection of equipment without metrological or non-aggressive opinion by R.A.R.; d) carrying out periodic technical inspection in periodic technical inspection stations by uncertified personnel; e) carrying out periodic technical inspection for road vehicles of the category for which the technical inspection station is not authorized; f) non-compliance with the methodology for carrying out periodic technical inspection; g) attestation as good for circulation on public roads of a road vehicle that does not meet the regulated conditions; h) non-application of periodic technical inspection badges; i) carrying out the periodic technical inspection and attestation of those road vehicles to which the category change is not mentioned in the vehicle identity card, respectively in its registration certificate, as the case may be. (2) It is sanctioned with a fine: a) from 800,000 lei to 1,200,000 lei the facts provided in par. ((1) lit. c)-f), h) and i); b) from 5,000,000 lei to 10,000,000 lei the facts provided in par. ((1) lit. b). ((3) By way of derogation from provisions Government Ordinance no. 44/1997 on road transport, approved with amendments and additions by Law no. 105/2000 , for the facts provided in par. ((1) lit. a) and g) the following fines shall be imposed: a) from 2,000,000 lei to 5,000,000 lei, for the facts provided in par. ((1) lit. g); b) from 5,000,000 lei to 10,000,000 lei, for the facts provided in par. ((1) lit. a). (4) In the case of repeated commission of the facts provided in par. ((1) lit. c)-i), in addition to the contravention fines provided in par. (2) and (3), the R.A.R. may order, in relation to the gravity of the facts, the restriction or suspension of the activity of the periodic technical inspection station, the cancellation of the authorization of the periodic technical inspection station, as well as professional attestation of the staff of the periodic technical inspection stations. (5) In the case of committing the facts provided in par. ((1) lit. b), in addition to the contravention fine provided in par. ((2) lit. b), R.A.R. will order the cancellation of the authorization of the periodic technical inspection station (6) Against the sanctions provided in par. (2)-(5) offenders may submit appeals to the competent authority, within 5 working days from the date of conclusion of the sanction minutes. The competent authority shall be required to respond to appeals within 15 days of their receipt. (7) The judgment given in the resolution of the appeal can be appealed to the competent court within 15 days of the communication. (8) Contraventions provided in par. (1) shall be found and sanctioned by the staff of the Ministry of Public Works, Transport and Housing, empowered for this purpose. " + Article 2 (1) Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Public Works, Transport and Housing will update the regulations and technical norms on the certification of classification road vehicles registered in the technical rules on road traffic safety, environmental protection and use as intended, by regular technical inspection, approved by Order of Transport Minister no. 353/1998 , published in the Official Gazette of Romania, Part I, no. 285 bis of 3 August 1998, with subsequent amendments and completions. On the same date is repealed art. 7 of Government Ordinance no. 81/2000 . (2) The regulations and technical norms provided in par. (1) will be periodically updated by the Ministry of Public Works, Transport and Housing, depending on the evolution of the legislation in the field in the European Union. (3) When updating the regulations and technical norms the Ministry of Public Works, Transport and Housing will also request the point of view of professional associations in the field, constituted according to the legal provisions. + Article 3 The date of entry into force of this Law shall be repealed Government Decision no. 594/1991 on the verification of the fulfilment of the technical conditions by the vehicles and their trailers travelling on public roads, published in the Official Gazette of Romania, Part I, no. 184 184 of September 13, 1991, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 4 This law shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I. + Article 5 Government Ordinance no. 81/2000 , as amended and supplemented 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 Chamber of Deputies and the Senate in the joint sitting of 27 March 2003, in compliance with the provisions of art. 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, April 22, 2003. No. 167. -------------