Advanced Search

Law No. 200 Of 16 May 2003 Regarding The Approval Of The Government Ordinance. 39/2000 For Establishment And Sanctioning Of Certain Offences In Rail Operations And Metro

Original Language Title:  LEGE nr. 200 din 16 mai 2003 privind aprobarea Ordonanţei Guvernului nr. 39/2000 pentru stabilirea şi sancţionarea unor fapte contravenţionale în operaţiunile de transport feroviar şi cu metroul

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 200 200 of 16 May 2003 on approval Government Ordinance no. 39/2000 for the establishment and sanctioning of contravention acts in railway and metro transport operations
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 357 357 of 26 May 2003



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 39 39 of 30 January 2000 for the establishment and sanctioning of contravention acts in railway and metro transport operations, adopted pursuant to art. 1 lit. It's 3 3 of Law no. 206/1999 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 39 39 of 31 January 2000 , with the following changes and additions: 1. Article 1 shall read as follows: "" Art. 1. -For the purposes of this ordinance, by transport on the Romanian railways and on the metro network it is understood any movement of persons or goods made with railway vehicles by transport operators on railway infrastructure. Rail and metro transport and its related services shall be regarded as rail transport activities. " 2. Article 2 shall read as follows: "" Art. 2. -It constitutes contraventions, if not committed under such conditions that, according to the criminal law, to constitute crimes, the following facts of natural and legal persons who, in carrying out railway transport activities, violate rules on the safety of movement, transport security, product and service quality, and environmental protection: 1. non-insurance in the stations affected by public rail transport from railway and metro stations of technical and maintenance requirements imposed on lighting, heated, information and endorsement installations of the travelling public, ventilation, drinking water distribution and wastewater disposal, as well as non-maintenance and non-assurance of the operation of sanitary groups; 2. putting into circulation passenger trains or metro trains without being provided in wagons the operation of sanitary, heating, lighting and ventilation installations or, as the case may be, without being sanitation and equipped with hygienic-sanitary materials; 3. performance of the service by the personnel with responsibilities in traffic safety without complying with the provisions of the job description regarding: organization and management of train traffic, authorization and performance of maneuvers, including means of intervention, driving railway vehicles, handling traffic control facilities or safety equipment, carrying out established control programmes; 4. non-compliance with the rules admitted to lines, track and bridge changers, tunnels, viaducts and bridges; 5. the unsigning of trains and of areas where works are carried out on railway lines; 6. failure to ensure the running of the rolling stock located on the railway lines; 7. execution of works at the line on the railway without joances during the high temperatures, without carrying out the checks of the temperature in the rail or not stopping them at the maximum permissible working temperature; 8. the transport of goods in means of transport, without them being fixed and insured; 9. train driving by the train driver without complying with the documents in the walking cards; 10. failure to perform brake tests or perform them by unauthorized personnel; 11. non-registration in the order of movement of the conditions regarding the performance of circulation and of the 12. non-compliance with the conditions of the traffic order 13. the stationing of the means of transport in which dangerous goods are loaded in places other than those established by the technical plan of operation of the station; 14. unattended activities regarding the movement of trains and the performance of maneuvers, as well as the non-preparation of research files on passenger and freight trains that have been guided or circulated without complying with the established train schedule; 15. making available to customers, for the loading of goods, means of transport that cannot ensure the integrity and preservation of the quality of the goods during the transport contract; 16. taking in the receipt of wagons with shortages, faults and degradations that are not notified; 17. request or delay the means of intervention in case of snow, as well as non-compliance with the established working hours; 18. failure or late approval of accidents or railway events; 19. non-preparation or preparation without complying with the legal instructions in force of the accident research files and railway events; 20. erroneous classification of accidents or railway events or non-performance and non-compliance with the measures and deadlines set out in the research files; 21. performance by economic agents of activities regarding maneuvering, transposition, transhipment or intermediation of railway transport through forwarding houses, without a license; 22. non-application of the measures established to remedy the deficiencies found as a result of the state controls or inspections carried out by the authorized personnel; 23. refusal of staff to give relationships or to remain at the disposal of accident research commissions or railway and metro events; 24. refusal of access of competent bodies, according to the law, on the premises of the units of economic agents carrying out railway 25. refusal of personnel of economic agents carrying out railway transport activities to present to the competent bodies, according to the law, the data, information and documents requested or their non-transmission; 26. failure to update the operational plan of operation of the railway station; 27. carrying out railway transport activities in railway stations without complying with the provisions of the technical plan of operation of the station; 28. failure to carry out the technical revisions and repairs planned to the railway and metro rolling stock at the deadlines provided for in the specific regulations in force; 29. failure to carry out revision or maintenance work on railway infrastructure, including signalling, traffic control and electricity supply installations related to the railway, as well as repair works provided for in approved programmes; 30. failure to carry out the verification of the technical condition to the motor rolling stock or towed or to the elements of the railway infrastructure, according to the 31. the introduction into the composition of trains and the putting into circulation of rolling stock which does not meet the technical operating conditions; 32. keeping in operation the rolling stock and elements of the railway infrastructure to which the planned revisions and repairs have not been carried out at the due dates, as well as the rolling stock with the normal duration of operation exceeded; 33. failure to meet the technical conditions of operation of railway and metro stations; 34. professional training and authorization of personnel with responsibilities in traffic safety in unauthorized centers; 35. putting into service the elements of the railway infrastructure, including the components of the signalling, traffic control and electricity supply installations related to the railway, without making the technical reception or without they are technically authorized on the occasion of their construction, modernisation or repair; 36. the use of personnel with responsibilities in traffic safety who are not medically fit, psychologically fit, qualified or authorized, as the case may be, for the function they perform or the activity they carry out in the maintenance, repair and the operation of railway infrastructure and rolling stock; 37. the use in carrying out the railway transport activities of rolling stock that is not registered, inscribed or authorized, according to the regulations in force; 38. allowing access to the public railway infrastructure of railway operators who do not own, cumulatively, transport license and safety certificate; 39. supply of products or services without complying with specific mandatory regulations for railway providers with regard to authorization, approval or technical approval; 40. purchase or use in construction, modernization, repair, maintenance and operation activities of rolling stock and railway infrastructure of products or services without compliance with specific mandatory regulations with regard to the certification of conformity, approval, attestation or approval thereof; 41. the use of laboratories, stands and special devices for the test and verification of the determining characteristics for the safety of the movement of railway products, without them being authorised, certified or recognised, as the case may be, by the Romanian Railway Authority-AFER; 42. non-compliance with the conditions that were the basis for the issuance of licenses, authorizations, certificates, attestations or aggressions issued by the Ministry of Public Works, Transport and Housing or by the Romanian Railway Authority- AFER; 43. execution of unauthorized works in the area of safety and protection of the railway, without authorization issued by the Ministry of Public Works, Transport and Housing or non-compliance with the conditions imposed by the authorization. " 3. Article 3 shall read as follows: "" Art. 3. -(1) Contraventions provided in art. 2, if committed by individuals, shall be sanctioned as follows: a) with a fine of 800,000 lei to 5,000,000 lei, the facts provided in section 1-16 1-16; b) with a fine from 2,000,000 lei to 15,000,000 lei, the facts provided in section 17-24 17-24; c) with a fine from 4,000,000 lei to 25,000,000 lei, the facts provided in section 25-43. (2) Contraventions provided in art. 2, if committed by legal persons, shall be sanctioned as follows: a) with a fine from 1.600,000 lei to 10,000,000 lei, the facts provided in section 1-16 1-16; b) with a fine from 4,000,000 lei to 30,000,000 lei, the facts provided in section 17-24 17-24; c) with a fine from 8,000,000 lei to 50,000,000 lei, the facts provided in section 25-43 25-43. " 4. Article 5 shall read as follows: "" Art. 5. -The amount of fines provided for in art. 3 is updated by Government decision, depending on the inflation rate. " 5. Article 6 shall read as follows: "" Art. 6. -(1) The finding of contraventions, their classification and the application of fines, under the conditions established by this ordinance, shall be made by the staff of the Romanian Railway Authority-AFER, as well as by the staff of the Ministry of Public Works, Transport and Housing, holders of the special ID issued by the Ministry of Public Works, Transport and Housing. (2) The form, model and content of the special card, as well as the staff provided in par. (1) shall be established by order of the Minister of Public Works, Transport and Housing. " 6. Article 7 shall read as follows: "" Art. 7. -The provisions of this ordinance shall be completed Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002 ,, as amended. " 7. Article 8 shall read as follows: "" Art. 8. -Within 30 days from the date of entry into force of the law approving this ordinance, the Ministry of Public Works, Transport and Housing will elaborate and publish in the Official Gazette of Romania, Part I, the order provided for in art. 6 6 para. ((2). ' + Article 2 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 3 Government Ordinance no. 39/2000 for the establishment and sanctioning of some contravention acts in the railway and metro transport operations, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I. This law was adopted by the Senate at the meeting of April 3, 2003, 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 the meeting of April 15, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, May 16, 2003. No. 200. -------