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Law No. 49 Of 8 March 2006 Approving Government Emergency Ordinance No. 195/2002 On Public Roads

Original Language Title:  LEGE nr. 49 din 8 martie 2006 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 195/2002 privind circulaţia pe drumurile publice

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LEGE no. 49 49 of 8 March 2006 for approval Government Emergency Ordinance no. 195/2002 on traffic on public roads
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 246 246 of 20 March 2006



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 195 195 of 12 December 2002 on traffic on public roads, published in the Official Gazette of Romania, Part I, no. 958 of 28 December 2002, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1. -(1) Circulation on public roads of vehicles, pedestrians and other categories of road users, rights, obligations and responsibilities of natural and legal persons, as well as the duties of some authorities of public administration, institutions and organizations are subject to the provisions laid down in this Emergency Ordinance. (2) The provisions provided for in this Emergency Ordinance are aimed at ensuring the smooth and safe conduct of traffic on public roads, as well as the protection of life, bodily integrity and health of persons participating in traffic or in the area of the public road, the protection of the legitimate rights and interests of those persons, of public and private property, and of the environment. (3) The competent authority in the field of traffic on public roads regarding the initiation and approval of some regulations, as well as the application and exercise of control on compliance with the rules of this field is the Internals, through the General Inspectorate of the Romanian Police. (4) Regulations on traffic on public roads are issued, as the case may be, by central or local public authorities with attributions in this field, only with the opinion of the General Inspectorate of the Romanian Police and in compliance with the agreements international conventions to which Romania is a party. (5) The provisions of this emergency ordinance shall apply to all road users, as well as to the authorities who have powers in the field of traffic and safety on public roads, as well as in the field of environmental protection. " 2. Article 2 shall read as follows: "" Art. 2. -The guidance, supervision and control of compliance with traffic rules on public roads are made by the traffic police of the General Inspectorate of the Romanian Police, which has the obligation to take the legal measures if it finds violations thereof. " 3. Article 4 shall read as follows: "" Art. 4. -Control of the movement of vehicles belonging to the institutions of the system of defence, public order and national security shall be carried out by the traffic police and by the personnel designated by these institutions. " 4. Article 5 shall read as follows: "" Art. 5. -(1) The manager of the public road, the contractor or the executor of the works, according to his powers, with the opinion of the traffic police, is obliged to install signs or other special devices, to apply markings on public roads, according to the standards in force, and maintain them in proper condition. (2) The manager of the public road or, as the case may be, the contractor or the executor of the works is obliged to signal accordingly, as soon as possible, any obstacle on the carriageway, which embarks or endangers safety circulation, and take all measures to remove it. (3) Local public authorities are obliged to arrange the stations of public transport means of persons, provided with alveoli or refuges, with the opinion of the traffic police. (4) It is prohibited to place constructions of any kind and to practice acts of trade on the sidewalk or on the mooring, in the parking lots arranged or on the carriageway, given that these constructions would affect the safety of pedestrian traffic and vehicles. (5) Only spaces can be arranged in the perimeter of the stations of public transport means: a) waiting for passengers; b) for the marketing of travel cards. ((6) In case of occurrence of a road event as a result of the improper technical condition of the public road, of the unloading or improper signalling thereof, as well as of the obstacles or works that are carried out on it, the administrator of the public road, the contractor or the executor of the works shall respond, as the case may be, to administrative, contravention, civil or criminal (7) Any measure of restriction of movement on public roads shall be ordered by the road manager only with the opinion of the traffic police. (8) By exception to par. (7), in duly justified cases, the traffic police may order, without the consent of the public road manager, temporary measures to restrict traffic on public roads. (9) In order to ensure the safe conduct of traffic on public roads, the traffic police may request the public road manager to execute or, as the case may be, the abolition of road facilities. " 5. Article 6 shall read as follows: "" Art. 6. -For the purposes of this emergency ordinance, the expressions and terms below have the following meaning: 1. granting priority-the obligation of any road user not to continue his movement or not to perform any other maneuver, if by these he obliges the other road users who have priority of passage to change suddenly direction or speed of travel or to stop; 2. mooring-side strip between the boundary of the carriageway and the side of the road platform; 3. road facilities-the totality of constructions, devices and any technical means, other than those intended for signage, located on the public road in order to ensure road safety; 4. vehicle assembly-the motor vehicle coupled with one or two vehicles, travelling on the road as a unit; 5. highway-national road of high capacity and speed, specially signposted, reserved exclusively for the movement of motor vehicles, with or without trailers, which does not serve the riparian property, provided with two unidirectional paths, separated by an area median or, exceptionally, by other means, except for special or temporary places, having at least two lanes of traffic in the direction and emergency lane, uneven intersections and limited accesses, entry and exit being allowed only through specially arranged places; 6. motor vehicle-vehicle equipped with engine for the purpose of travel on the road. Trolleybuses and road tractors are considered motor vehicles. Mopeds, vehicles that move by themselves, referred to as trams, tractors used in agricultural and forestry operations, and vehicles for carrying out services or works, which only occasionally move on the public road, are not considered vehicles; 7. lane of movement-longitudinal subdivision of the carriageway, materialized by road markings or other means, if it has a corresponding width for the movement in a sense of a string of vehicles other than vehicles that are moving on two wheels; 8. emergency lane-the additional longitudinal subdivision, located at the extremity on the right side of the highway, in the direction of movement, intended exclusively for parking vehicles in justified cases, as well as the movement of motor vehicles with priority regime moving to interventions or missions of an emergency nature; 9. reversible lane-traffic lane, marked and signposted, located near the axis of the road, intended for the movement of vehicles in one direction or another, depending on the intensity of traffic; 10. bicycle-the vehicle fitted with two wheels, propelled exclusively by muscle force, by means of pedals or cranks; 11. the official column-one or more vehicles travelling on the public road and are accompanied by one or more vehicles of the traffic police, which have special red and light warning signals in operation; 12. driver-person driving on the road a group of persons, a vehicle or traction animals, isolated animals or in the herd, of burden or riding; 13. driver of motor vehicle or tramway, professional attestation-natural person possessing a driving licence and a certificate of professional attestation, driving a motor vehicle of a certain category, with or without trailer, for the transport of goods, persons or other services; 14. public road-any land communication path, except for railways, specially arranged for pedestrian or road traffic, open to public traffic; roads that are closed to public traffic are signposted at the entrance with inscriptions visible; 15. authorized medical institutions-specialized health facilities, with qualified personnel and appropriate equipment for the medical examination of candidates for obtaining the driving license and drivers of motor vehicles or tram; 16. intersection-any crossing, junction or bifurcation of roads at the level, including the spaces formed by them; 17. locality-hamlet, village, commune, city and municipality whose entrances and exits are signposted in accordance with the legal provisions; 18. maximum permissible total mass-maximum mass of a laden vehicle declared admissible following approval by the competent authority; 19. certified technical means-the device that proves the consumption of products or narcotic substances or drugs with similar effects or presence in the expired air of alcohol; 20. technically approved and metrologically verified means-the device that establishes the concentration of alcohol in the expired air or intended to measure the speed or to prove violations of traffic rules; 21. moped-vehicle with two, three or four wheels, the maximum design speed of which does not exceed 45 km/h and which is equipped with an internal combustion engine with spark ignition, with a cylindrical capacity not exceeding 50 cmc or another internal combustion engine, or, where applicable, electric, the rated power of which is not more than 4 kW; 22. motorcycle-two-wheel motor vehicle, with or without atas, equipped with an engine that has a cylinder capacity of more than 50 cmc and/or whose maximum speed, by construction, exceeds 45 km/h; 23. carriageway-the portion of the road platform intended for the movement of vehicles; a road may include several carriageways completely separated from each other by a dividing zone or by the level difference; 24. participant in traffic-the natural person who uses, at some point, the public road; 25. bike path-subdivision of the carriageway, sidewalk or mooring or separate road track, specially arranged, signposted and properly marked, intended only for the movement of bicycles and mopeds; 26. priority of passage-the right of a road user to pass before the other road users with whom they intersect, in accordance with the legal provisions on traffic on public roads; 27. trailer-the engine-free vehicle intended to be towed by a motor vehicle or a tractor; 28. light-trailer trailer whose maximum permissible total mass does not exceed 750 kg; 29. semi-trailer-trailer whose total maximum permissible mass is taken in part by a motor vehicle or by a tractor; 30. tractor-motor vehicle, on wheels or on tracks, designed specifically to pull or push certain machinery or trailers used in agricultural or forestry operations or for other works, which only occasionally move on the road public; 31. road tractor-wheel tractor, with at least two axles, used for the execution of works, as well as for the towing of trailers used for the transport of persons or goods and moving, as a rule, on the public road; 32. crossing at the level-crossing at the level between a public road and a railway or tramway line, which has an independent platform; 33. sidewalk-the longitudinal space located in the side of the road, separately visible from the carriageway through the difference or without the level difference, intended for pedestrian traffic; 34. holder-natural or legal person who uses a vehicle under a lease or lease agreement; 35. vehicle-the mechanical system moving on the road, with or without means of self-propelled, commonly used for the transport of persons and/or goods or for the performance of services or works; 36. vehicle with outdated masses or dimensions-the vehicle which, due to its dimensions or to the transported goods, exceeds the maximum permissible total masses or the permitted gauge dimensions, provided for in the legal regulations; 37. vehicle in international traffic or in international traffic-the vehicle which, by its movement, exceeds at least one state border; 38. the public road area includes the area of land occupied by the construction elements of the road, the protection zone and the safety zone. The limits of the road areas shall be established in accordance with the 39. pedestrian area-the perimeter comprising one or more streets reserved for pedestrian traffic, where the access of vehicles is subject to special traffic rules, having the entrances and exits signposted in accordance with the legal provisions; 40. residential area-the perimeter of a locality where special traffic rules apply, having the entrances and exits signposted in accordance with the legal provisions. " 6. In Chapter II, the title of section 1 shall read as follows: "" SECTION 1 Conditions for movement of vehicles and their control " 7. Article 7 shall read as follows: "" Art. 7. -Any vehicle travelling on public roads shall comply with the technical rules on road traffic safety, environmental protection and use as intended. ' 8. Article 8 shall be repealed. 9. After Article 8, a new article is inserted, Article 8 ^ 1, with the following contents: "" Art. 8 8 ^ 1. -In order to be driven on public roads, motor vehicles and trams must be equipped with first aid medical kits, reflective triangles and fire extinguishers, approved. " 10. Article 9 shall read as follows: "" Art. 9. -(1) In order to be registered, registered or admitted into circulation, motor vehicles, mopeds, trailers and trams must be approved under the law. (2) The categories of vehicles that can be admitted into circulation without being approved shall be established by order of the Minister of Transport, Construction and Tourism, with the opinion of the Ministry of Administration and Interior-General Inspectorate of Police, which is published in the Official Gazette of Romania, Part I. (3) The document certifying approval is the identity card of the vehicle, issued under the law. (. In order to be kept in circulation, the vehicles registered shall be subject to periodic technical inspection. (5) Periodic technical inspection shall be performed at authorized stations, according to the legislation in force. (6) For vehicles belonging to the institutions of the defense system, public order and national security, periodic technical inspection may also be carried out at its own stations, authorized according to the law. " 11. Article 10 shall read as follows: "" Art. 10. -(1) It is forbidden to move on public roads of vehicles that do not correspond from a technical point of view, those whose term of validity of the periodic technical inspection has expired, as well as those not insured for civil liability for damage caused to third parties by traffic accidents. (2) The finding of technical defects of vehicles is made by the traffic police, and the verification of the technical condition of vehicles in traffic on public roads is made by the traffic police, together with the institutions empowered by the law. " 12. In Chapter II, the title of section 2 will read as follows: "" SECTION 2 Registration, registration and deregistration of vehicles ' 13. Article 11 shall read as follows: "" Art. 11. -(1) Vehicle owners or their trustees are obliged to register or register them, as the case may be, before putting them into circulation, according to the legal provisions. (2) On registration, the owners of the vehicles or their authorized holders, with the exception of new vehicles, must prove the certification of the authenticity or their identification by the competent authority, under the law, after case, as well as attestation that the vehicle is not claimed to be stolen from the country or abroad. (. The owner or the mandated holder of a vehicle shall be required to require the competent authority to enter the registration certificate or to register any modification of the vehicle identification data. " 14. Article 12 shall read as follows: "" Art. 12. -(1) In order to travel on public roads, vehicles, with the exception of those drawn or pushed by hand and bicycles, must be registered or registered, as the case may be, and bear license plates or registration plates, with shapes, sizes and content provided by the standards in force. ((. Vehicles which are not subject to registration or registration may circulate on public roads only under the conditions laid down in the Regulation. " 15. Article 13 shall read as follows: "" Art. 13. -(1) Vehicles and trailers shall be registered permanently or temporarily to the competent authority in whose territorial area the owners have their domicile, residence or headquarters, under the conditions established by the regulations in force. (2) The vehicles of the Ministry of National Defence, the Ministry of Administration and Interior, as well as those of the Romanian Intelligence Service shall be registered with these institutions and may, as the case may be, be registered under the conditions provided in par. ((1). (3) Until registration, the vehicles referred to in par. (1) may circulate with provisional numbers, on the basis of a special authorization issued by the competent authority. (4) On request, legal persons who manufacture, assemble, carry or test motor vehicles or trailers may be issued for these permits and numbers for the sample, under the conditions established by the Regulation. ((. The records of the vehicles registered shall be held at the competent authority within which the owner is domiciled, residing or domiciled. " 16. Article 14 shall read as follows: "" Art. 14. -(1) Trams, trolleybuses, mopeds, self-propelled machinery and machinery used in construction, agricultural, forestry, tractors not subject to registration as well as vehicles with animal traction shall be registered by local councils, which also keep track of them. (2) The categories of vehicles not subject to registration or registration as well as those not subject to periodic technical inspection shall be established by joint order of the Minister of Transport, Construction and Tourism and the Minister administration and internals, which are published in the Official Gazette of Romania, Part I. " 17. Article 15 shall be repealed. 18. Article 16 shall read as follows: "" Art. 16. --(1) The authority carrying out the registration of a motor vehicle or a trailer shall issue to its owner or trustee a registration certificate in accordance with the category or subcategory to which that vehicle belongs, such as and license plates. If the owner of the vehicle is a leasing company, it is mandatory to mention in the registration or registration certificate and the identification data of the mandated holder. (2) The motor vehicles fall into one of the following categories: A, B, BE, C, CE, D, DE, Tr or Tb or in one of the subcategories: A1, B1, C1, C1E, D1 or D1E, and trams, in the TV category, under the conditions set out in the Regulation. (3) For the vehicles referred to in art. 13 13 para. ((2) and art. 14 14 para. ((1), the authority which records them shall issue to their owners certificates and registration plates, according to the category or subcategory to which those vehicles belong. (4) The form, dimensions and content of the registration certificate and the registration certificate shall be established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. (5) It is prohibited to put in circulation a vehicle, registered or registered, which has no plates fitted with the registration or registration number assigned by the competent authority or if they do not comply with the standards in force, as well as where the registration or registration certificate is retained, and the replacement proof thereof is released without right of movement or the term of validity has expired. " 19. Article 17 shall read as follows: "" Art. 17. -Registration, registration or attribution of the provisional number or evidence of a vehicle shall be cancelled by the authority which carried out it, if it is found that the legal rules relating to such operations have been infringed. ' 20. Article 18 shall read as follows: "" Art. 18. -(1) The registration of vehicles shall be made by the authority which has carried out the registration or registration, at the request of its owner or trustee, in the following cases: a) the owner or his/her trustee wishes to withdraw from circulation of the vehicle and proves its storage in a suitable space, held under the law; b) the owner or his/her trustee proves the dismantling of c) when passing the vehicle to another person's property, under the law; d) to the change of domicile, residence or the seat of the owner, within the competence of another authority than the one who carried out the registration or registration; e) at the final removal from Romania of that vehicle. (2) The radiance from the record of vehicles preserved by the establishment of an insurer seizure can be made on the basis of the judgment of the court, according to the law, by the authority that carried out the registration or registration. (3) Traffic on public roads of vehicles radiated from the record is prohibited. ((. The vehicles declared, by decision of the local public authority, without the owner or abandoned shall be automatically removed within 30 days of receipt of that decision. " 21. After Article 18, a new article is inserted, Article 18 ^ 1, with the following contents: "" Art. 18 18 ^ 1. -In case of loss, theft, change of name or damage to the registration or registration certificate, the owner of that vehicle shall be required to request the competent authority to issue a new registration certificate. or registration, under the conditions laid down by the competent authority. " 22. Article 19 shall read as follows: "" Art. 19. -The procedure of registration, registration, deregistration and issuance of the provisional traffic authorization or for evidence of vehicles shall be established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. ' 23. Article 20 shall read as follows: "" Art. 20. -(1) In order to drive a motor vehicle on public roads, its driver must possess an appropriate driving licence and have a minimum age of 18 years, with the exception of those driving motor vehicles of subcategories A1 and B1, who must be at least 16 years of age. (2) In order to drive on public roads tractors, agricultural or forestry self-propelled machinery and machinery, their drivers must possess a valid driving licence for the categories or subcategories provided for in regulation. (3) Tram drivers or vehicles carrying out public passenger transport, as well as those driving vehicles with a maximum permissible mass exceeding 7,5 tonnes or with outdated gauges, or carrying dangerous products or substances must be at least 21 years of age. ((. The conditions for obtaining the driving licence shall be laid down by regulation. " 24. Article 21 shall read as follows: "" Art. 21. -(1) Drivers of motor vehicles or trams must have the knowledge and skill required of driving and be medically and psychologically fit. (2) Drivers of motor vehicles or trams will be checked periodically from a medical and psychological point of view, under the conditions established by the regulations in force. " 25. Article 22 shall read as follows: "" Art. 22. -(1) Medical and psychological examination is carried out for the purpose of certifying the state of health, physical qualities and skills necessary for a driver of motor vehicle or tram. (2) Medical records incompatible with the quality of driver of motor vehicles or trams shall be established by the Ministry of Health and approved by order of the Minister, which shall be published in the Official Gazette of Romania, Part I. (3) Medical and psychological examination shall be carried out in order to: a) approval of the exam presentation for obtaining the driving license; b) obtaining the certificate of professional attestation for drivers of motor vehicles and trams; c) periodic verification, according to the regulations in force. (4) Medical examination is carried out in authorized medical institutions, with the obligation to record the applicant or the driver of the motor vehicle or tram by the family doctor, and the psychological verification is carried out in laboratories authorized by the competent institutions. The list of authorized medical institutions and specialized laboratories is established by joint order of the Minister of Health and the Minister of Transport, Construction and Tourism, which is published in the Official Gazette of Romania, Part I. (5) The family doctor, when he finds that a person from his record, who possesses a driving license, presents medical conditions provided in the order of the minister of health issued according to par. (2), will request the necessary specialized examination, and if it has been established that the person is declared medically or psychologically unfit to drive a motor vehicle or tram, he will communicate this immediately to the traffic police within which the doctor they operate. (6) Medical and psychological verification shall be carried out under the conditions established by joint order of the Minister of Health and the Minister of Transport, Construction and Tourism, which shall be published in the Official Gazette of Romania, Part I. (7) The driving licence of the person who is declared medically or psychologically unfit to drive motor vehicles or trams shall be withdrawn by the traffic police and may be reacquired only after the end of the reason for which it was taken. measure. ((8) The opinion of the medical fit or unfit can be challenged only on the basis of an expertise carried out by the forensic institutions, at the request and at the expense of the interested parties. " 26. Article 23 shall read as follows: "" Art. 23. -(1) The right to drive a motor vehicle or tram on public roads only has the person who possesses a valid driving licence, corresponding to the category or subcategory to which that vehicle belongs, or replacement proof of its with the right of movement. (2) They have the right to drive motor vehicles or trams on public roads, under the conditions established by regulation, and persons following a practical training course, in order to obtain the driving licence, only in the presence and under direct supervision of a certified instructor in this regard, as well as of the examiner within the competent authority during the conduct of the practical tests of the examination for obtaining the driving licence for any of the the categories or subcategories provided by law. ((3) During the activity of practical training or examination in order to obtain a driving licence, the certified instructor or, as the case may be, the examiner together with the person he supervises or examine shall be responsible for the infringement. by him of the rules of movement or, as the case may be, for the damage caused to third parties as a result of a traffic accident. (4) Persons who apply for the examination for obtaining the driving licence or of new categories or subcategories of it must meet, according to the law, the age conditions, to be medically fit and psychological and to provide proof of theoretical and practical training through courses organized by authorized units, according to the law. (5) The theoretical and practical training of persons in order to obtain the driving license shall be carried out by teachers of road legislation and instructors certified by the competent authority, according to the methodological norms approved by joint order of the Minister of Transport, Construction and Tourism, the Minister of Education and Research and the Minister of Administration and Interior, which is published in the Official Gazette of Romania, Part I. (6) They can be certified as teachers of legislation or car instructors for practical training, without schooling and taking the attestation exam, the road police officers with the rank of officers who have ceased their service relations and who have uninterrupted activity in the last 10 years in the structures of traffic police. (7) Road police officers who do not have the rank of officer can be certified as drivers for practical training, if they meet the conditions provided in par. ((6). (8) The curriculum on the basis of which training courses are organized, as well as the methodology for organizing and conducting courses in order to obtain the driving license shall be established by joint order of the Minister of Education and the research, the Minister of Transport, Construction and Tourism and the Minister of Administration and Interior, which is published in the Official Gazette of Romania, Part I. ((9) The categories or subcategories of vehicles for which it is necessary to obtain the driving licence and the concrete conditions for obtaining it shall be established by regulation. (10) The examination procedure for obtaining the driving license shall be established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. " 27. Article 24 shall read as follows: "" Art. 24. -(1) The examination for obtaining the driving licence and its release shall be carried out by the competent authority where the applicants have their domicile or residence. (2) The form and content of the driving license shall be established in accordance with the international conventions in the field to which Romania is a party, by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. (3) In the localities where the competent authority authorizes the conduct of training courses and the taking of the examination for obtaining the driving license, they can be organized, on request, also in the language of the respective national minority. (4) In the case of foreign nationals who establish their domicile or residence in Romania, the examination at the theoretical test for obtaining the driving license can be carried out, on request, in an international language. (5) The driving licence shall be valid for 10 years from the date of issue. When changing by the holder of the domicile or name, in case of loss, theft or damage, as well as at the expiry of the period of validity, the driving license shall be changed without the support of a new examination, under the conditions established by regulation. (6) He has no right to appear in the exam for obtaining the driving license the person who was convicted, by final court decision, for a crime to the traffic regime on public roads or murder, hitting or injury causing death, serious injury, robbery or theft of a motor vehicle, except when one of the situations referred to in art. 103 103 para. ((1). ' 28. Article 25 shall read as follows: "" Art. 25. -(1) For drivers of motor vehicles or trams that are less than one year old from obtaining the driving licence, additional traffic rules shall be established by regulation. (2) Vehicles driven by persons referred to in par. ((1) shall bear a distinctive sign, under the conditions laid down by the Regulation. " 29. Article 26 shall be repealed. 30. After Article 26, a new article is inserted, Article 26 ^ 1, with the following contents: "" Art. 26 26 ^ 1. -Owners or holders mandated by motor vehicles carrying out public transport of persons or dangerous goods are obliged to ensure the annual testing of drivers of professional attested vehicles for the purpose of correct appropriation and their compliance with the legal provisions governing traffic on public roads. " 31. Article 27 shall read as follows: "" Art. 27. -(1) Persons who establish their domicile or residence in Romania may request the driving license to the competent authorities on whose radius they have their domicile or residence, under the conditions provided in art. 24 24 para. ((1) and (6). (2) Romanian citizens residing abroad can request in Romania to obtain a driving license with the competent authorities whose radius they have their home owned or rented. For the purposes of this emergency ordinance, the Romanian home of the Romanian citizen residing abroad is considered a residence. (3) Persons referred to in par. ((1) and (2) must provide proof that they are not titular of a driving licence issued by a foreign authority. (4) The simultaneous holding of two national driving licences shall be prohibited. " 32. Article 28 shall be repealed. 33. After Article 28, a new article is inserted, Article 28 ^ 1, with the following contents: "" Art. 28 28 ^ 1. -The registration of driving licences and penalties imposed on drivers of motor vehicles or trams shall be kept by the traffic police in whose area the holders are domiciled or residing. " 34. After the title of Chapter IV, a new article is inserted, Article 29 ^ 1, with the following contents: "" Art. 29 29 ^ 1. -(1) The traffic on public roads is carried out in accordance with the traffic rules and in compliance with the significance of the road signage made by the signalling means, signals and indications of the road policeman who directs circulation, special signals of light or sound warning, temporary signalling and signals of vehicle drivers. (2) The road users are obliged to observe the signals of the border guards, the traffic guides of the Ministry of National Defence, the railway agents, the persons designated for directing the traffic on the road sectors on which their rehabilitation works are carried out, of the members of the school patrols who act in close proximity to the educational establishments, as well as the blind, according to the provisions of the regulation. " 35. Article 30 shall read as follows: "" Art. 30. -(1) The means of road signs are: a) the light or sound signalling systems; b) the signs; c) marks; d) other special devices. (2) The means of road signalling shall be constituted in a unitary system, shall be carried out and installed in such a way as to be observed easily and from an appropriate distance, both in the daytime and at night, from those to whom they are addressed. and must be in full compliance with each other, as well as in a proper technical working state. (3) The luminous signals for directing traffic at the intersections have the following meanings: a) the green signal allows the passage; b) the red signal prohibits the passage; c) the yellow color signal together with the red one forbid the passage. (4) The means of road signs, as well as other special devices of this kind shall be ensured, installed and maintained through the care of the respective public road manager or the railway, as the case may be. The installation of road signs and special devices shall be carried out only with the prior opinion of the traffic police. (5) The means of signalling and pressuring the intersections between two roads of different categories shall be ensured, installed and maintained by the administrator of each road, in compliance with the traffic regulation established in the the respective road junction. (6) The means of road signs may also be accompanied by special warning devices. (7) It is prohibited: a) the location, in the area of the public road, of constructions, panels or devices that can be confused with the signs or with the installations that serve to signage road or the realization of furnishings or other obstacles that are likely to limit visibility or effectiveness, to embarrass road users or to distract them, endangering the safety of traffic; b) the bonding of posters, inscriptions or inscriptions on the signs or devices serving on road signs, including their supports. " 36. Article 31 shall read as follows: "" Art. 31. -Traffic participants must comply with traffic rules, signals, indications and provisions of the road policeman, as well as the significance of different types of road signs, in the following priority order: a) the signals, indications and provisions of the road policeman; b) special warning, light or sound signals, of motor vehicles, provided in art. 32 32 para. ((2) lit. a) and b); c) temporary signalling which amends the normal course of movement; d) light or sound signals; e) the signs; f) markings; g) traffic rules. " 37. Article 32 shall read as follows: "" Art. 32. -(1) Special light warning signs shall be emitted intermittently by vehicle-mounted lighting devices and shall have the following meanings: a) the red light obliges road users to stop in the direction of travel as close as possible to the roadside; b) blue light obliges road users to give priority to passage; c) yellow light obliges road users to circulate carefully. (2) They are authorized to use special light warning signals: a) for red light-vehicles belonging to the police and firefighters; b) for blue light-vehicles belonging to the police, gendarmerie, border police, ambulance service or legal medicine, civil protection, Ministry of National Defence accompanying military columns, special units of The Romanian Intelligence Service and the Protection and Guard Service, the National Administration of Prisons at the Ministry of Justice, as well as the service vehicles of forensic prosecutors in the Public Ministry, when the moving into intervention actions or missions that are of character emergency; c) for yellow light-motor vehicles with masses and/or gauge dimensions exceeded or accompanying such vehicles, those carrying certain dangerous goods or substances, those intended for maintenance, repair or verification of certain works carried out in the carriageway or the execution of road works, street cleaning, snow removal or tow, transport and debugging of vehicles left in the wedge or damaged, as well as tractors that tow the machinery agabaritic agricultural and technological. The General Inspectorate of the Romanian Police may authorize the use of special yellow light devices for vehicles established by this emergency ordinance. (3) The vehicles referred to in par. ((2) lit. a) and b) must also be equipped with special warning sound means. (4) On vehicles belonging to the police and those provided in par. ((2) lit. c) luminous devices with variable messages, intended for road users, can also be installed. (5) The special means of warning, light or sound, shall be certified or homologated by the competent authority, according to the law. The conditions for their use shall be laid down by regulation. " 38. Article 33 shall read as follows: "" Art. 33. -(1) The signage and the necessary road arrangements on public roads shall be ensured by the respective road manager and shall be carried out only with the opinion of the traffic police (2) The signalling of works carried out on public roads is mandatory and carried out by the executor of the works, with the opinion of the traffic police, so that it ensures the safe movement of all road users, according to regulations in force. ((3) The signage and the road arrangements shall be defined and carried out under the conditions laid down by the Regulation in accordance with the technical regulations in force. " 39. Article 34 shall read as follows: "" Art. 34. -The conditions of movement on viaducts and in tunnels, as well as their signalling shall be established by regulation, in accordance with the technical regulations in force. " 40. Article 35 shall read as follows: "" Art. 35. -(1) Traffic participants must have a behavior that does not affect the fluency and safety of traffic, do not endanger the life or bodily integrity of persons and do not harm public or private property. (2) The participants in the traffic are obliged, at the request of the road policeman, to hand the identity document or, as the case may be, the driving license, the registration or registration document of the driving vehicle, the documents regarding to the goods transported, as well as other documents provided by law. (3) In the exercise of their duties, the road policeman shall have the right to check the vehicle, as well as the identity of the driver or passengers inside it when there are indications of the commission of a nature Contravention or criminal. (4) In the exercise of the duties of directing road traffic, road police officers are obliged to wear the uniform with inscriptions and distinctive insignia. (5) Border guards, traffic guides of the Ministry of National Defence, railway agents, authorized personnel in the area of works on public roads, as well as members of traffic school patrols are obliged, on the time of the performance of the duties, to wear fluorescent-reflective warning equipment. (6) Drivers of motor vehicles with a maximum permissible mass of more than 3,5 tonnes shall be required to wear fluorescent-reflective warning equipment when carrying out interventions on the vehicle which is on the road side of the road. public. ((7) The housewives are obliged to wear, on public roads, a white cane. " 41. Article 36 shall read as follows: "" Art. 36. -(1) Drivers of motor vehicles and persons occupying places provided for by construction with approved belts or safety devices must carry them during traffic on public roads, except in the cases provided for in the Regulation. (2) During the movement on public roads, drivers of motorcycles, mopeds and persons transported on them are required to wear the approved protective helmet. (3) The drivers of vehicles shall be prohibited from using mobile phones when they are at the time of walking, except those provided with "free hands" devices. " 42. Article 37 shall read as follows: "" Art. 37. -(1) Drivers of vehicles are obliged to stop immediately, on the mooring or, in its absence, as close as possible to the side of the road or curb the sidewalk, in the sense of travel, to the proximity and to the passage of motor vehicles with priority movement that have the special red and sound warning means in operation. (2) Vehicle drivers are obliged to reduce speed, to travel as close as possible to the side of the road in the sense of travel and to give priority to the passage of vehicles with priority traffic regime that have the means in operation Special warning light blue and sound. (3) In the situations provided in par. ((1) and (2), pedestrians are prohibited from crossing and traffic on the roadway until the passing of those vehicles. " 43. Article 38 shall read as follows: "" Art. 38. -Drivers of vehicles, with the exception of those drawn or pushed by hand, instructors certified to carry out the practical training of persons for obtaining the driving licence as well as the examiner of the competent authority, during the conduct of the practical tests of the examination for obtaining the driving licence, are obliged to undergo expired air testing and/or the collection of biological samples in order to establish blood alcohol or consumption of products or substances narcotic drugs or drugs with similar effects, at the request of the policeman road. " 44. Article 39 shall read as follows: "" Art. 39. -The owner or holder of a vehicle shall be obliged to communicate to the traffic police, at its request and within the time requested, the identity of the person to whom he entrusted the vehicle for driving on public roads. 45. Article 40 shall read as follows: "" Art. 40. -(1) The rules of movement on public roads applicable to motor vehicles intended for transport of goods, those with masses or dimensions of an outdated gauge or carrying dangerous goods or products shall be established by regulation, compliance with the regulations in force. ((2) Driving of vehicles intended for the carriage of goods, the maximum permissible total mass of which is more than 3,5 tonnes, the transport of goods or dangerous products, the public transport of persons, and the driving of vehicles with masses or outdated gauge sizes are allowed only to drivers of motor vehicles or trams professionally certified by the Ministry of Transport, Construction and Tourism. (3) By exception to the provisions of par. (2), the management of vehicles belonging to the Ministry of Administration and Interior, the Ministry of National Defence and the Romanian Intelligence Service, intended for the transport of goods, the maximum authorized total mass of which is more than 3,5 tonnes, the transport of goods or dangerous products, the transport of persons, and the driving of vehicles with outdated masses or dimensions, which carry out transport for the own needs of these institutions, are allowed to the drivers of motor vehicles or trams only on the basis of professional attestation these institutions, under the conditions established by the Ministry of Transport, Construction and Tourism. This attestation is valid only for the period during which the respective drivers belong to these institutions. (4) The conditions for obtaining the certificate of professional attestation shall be established by order of the Minister of Transport, Construction and Tourism. (5) The certificate of professional attestation which gives the holder the right to carry out the activity for which he was issued is valid only accompanied by the driving licence. " 46. Article 41 shall read as follows: "" Art. 41. -(1) Vehicles and animals, when travelling on public roads that access is allowed, must be driven on the right side of the public road, in the sense of movement, as close as possible to the side of the carriageway, in compliance with the significance of road signs and traffic rules. ((. The numbering of the lanes on each direction shall be carried out in ascending order from the right side of the road to its axis. In the case of motorways, the emergency lane does not enter the numbering of traffic lanes. (3) If a road is provided with a special track intended for the movement of bicycles, they, as well as mopeds, will be driven only on that track. " 47. Article 42 shall read as follows: "" Art. 42. -When traffic takes place on two or more lanes in the direction, they are used by vehicle drivers according to traffic intensity and speed of travel, having the obligation to return to the first lane whenever this is done. it is possible, if it is not intended for slow vehicles or public passenger transport. " 48. Article 43 shall read as follows: "" Art. 43. -(1) If a road is provided with a lane intended for slow vehicles or public passenger transport, signposted as such, they will circulate only on that lane. (2) The vehicle driver travelling on the lane located near the side of the carriageway must give priority to passing vehicles which carry out public transport of persons only when their drivers signal the intention to re-enter traffic from stations provided with alveoli and have ensured that their manoeuvre does not endanger the safety of other road users. " 49. In Chapter V, section 2, the title of paragraph 2 will read as follows: "§ 2. Means of warning used by vehicle drivers" 50. Article 44 shall read as follows: "" Art. 44. -(1) In the traffic on public roads the drivers of vehicles may use, under the conditions provided for by the Regulation, the audible and luminous warning means equipped and approved. (2) In the traffic on motorways, on the express roads and on the European national ones (E) drivers of motor vehicles are obliged to use the meeting lights during the day. (3) The drivers of motorcycles and mopeds are obliged to use the meeting lights for the duration of their movement on public roads. (4) In the traffic on public roads it is forbidden to hold in sight, the installation and use of special means of audible and luminous warning on and in vehicles other than those provided in art. 32 32 para. (2), as well as the possession, installation or use on motor vehicles of systems that disturb the proper functioning of traffic surveillance devices. (5) Motor vehicle drivers may be advised by the traffic police in connection with the traffic presence of speed measuring devices, by media or warning panels. Drivers of motor vehicles may use their own means of detecting speed measuring devices. " 51. Article 45 shall read as follows: "" Art. 45. -(1) Overcoming is the manoeuvre by which a vehicle passes before another vehicle or in addition to an obstacle, in the same direction of movement, by changing the direction of travel and exit from the lane of movement or from the string of vehicles in which it was Originally. (2) The driver of the vehicle engaged in overtaking shall ensure that the vehicle travelling in front or behind him has not initiated such a manoeuvre. (3) When the overtaking manoeuvre passes over the axis separating the traffic meanings, the vehicle drivers must ensure that the opposite direction does not approach a vehicle and that they have sufficient space to re-enter the original lane, where they have the obligation to come back after performing overtaking manoeuvre. (4) It does not constitute overtaking, in the sense of ((1), the situation in which a vehicle travels faster on one of the lanes than vehicles travelling in another lane in the same direction of movement. (5) The overrun is only on the left side of the overrun vehicle. The tram or the vehicle of which the driver has signposted the intention and has been properly assigned to leave the direction of travel to the left shall be exceeded by the right side. (6) The tram on the go can also be exceeded on the left side when the road is one-way or when between the right rail and the edge of the sidewalk there is not enough space. " 52. Article 46 shall read as follows: "" Art. 46. -The obligations of drivers of vehicles which are overrun and of drivers of vehicles which are exceeded and where overrun is prohibited shall be laid down by regulation. ' 53. Article 47 shall read as follows: "" Art. 47. -Drivers of vehicles travelling from opposite directions shall keep a sufficient lateral distance between vehicles and run as close to the right edge of the respective lane. ' 54. Article 48 (2) shall be repealed. 55. After Article 48 two new articles are inserted, Articles 48 ^ 1 and 48 ^ 2, with the following contents: "" Art. 48 48 ^ 1. -(1) The maximum speed limit in localities is 50 km/h. (2) On certain road sectors within the localities, the road manager may determine, for vehicles in category A and B, and upper speed limits, but not more than 80 km/h. The speed limits greater than 50 km/h shall be determined only with the opinion of the traffic police. (3) On certain road sectors, taking into account circumstances and traffic intensity, the road manager, with the opinion of the traffic police, may also set lower speed limits, but not less than 10 km/h for trams and 30 km/h. for all vehicles. (4) The maximum speed limits outside the localities are: a) on highways-130 km/h; b) on the express or national European (E) roads-100 km/h; c) on the other road categories-90 km/h. Article 48 ^ 2. -(1) Maximum speeds allowed outside the localities for the categories and subcategories of motor vehicles provided for in art. 16 16 para. ((2) are: a) 130 km/h on motorways, 100 km/h on express or European national roads (E) and 90 km/h on other road categories, for vehicles of categories A, B and BE; b) 110 km/h on motorways, 90 km/h on express or European national roads (E) and 80 km/h on other road categories, for vehicles of categories C, CE, D and DE and subcategories D1 and D1E; c) 90 km/h on motorways, 80 km/h on express or national European (E) and 70 km/h for other road categories, for vehicles of subcategories A1, B1, C1 and C1E; d) 45 km/h, for tractors and mopeds. (2) The maximum speed allowed outside the premises for motor vehicles towing trailers or semi-trailers is 10 km/h lower than the maximum speed allowed for the category of which the shooter is part. (3) The maximum permissible speed for vehicles with masses and/or outdated gauges or carrying dangerous products is 40 km/h in localities, and outside the localities of 70 km/h. (4) The maximum permissible speed outside the premises for motor vehicles whose drivers are less than one year of driving practice or for persons performing the practical training in order to obtain the driving licence shall be 20 km/h lower than the maximum permissible speed for the category to which the driven vehicles belong. ' 56. Article 49 shall read as follows: "" Art. 49. -The driver of a vehicle running behind another has the obligation to keep a sufficient distance from him, in order to avoid collision. " 57. Article 50 shall read as follows: "" Art. 50. -(1) It is forbidden to conduct competitions, training or competitions with vehicles or animals on public roads, except for those authorized by the administrator of the road and endorsed by the traffic police. (2) The organizers of the authorized competitions are obliged to take all necessary measures for their safe conduct, as well as for the protection of other road users. (3) In case of production of a road event, as a result of non-performance of the duties provided in par. (2), their organizers shall respond administratively, contraventionally, civil or criminal, as appropriate. " 58. Article 51 shall read as follows: "" Art. 51. -Local public authorities, with the authorization of the public road manager and with the opinion of the road police or at its request, are obliged to take measures for the realization of road facilities for the movement of pedestrians, cyclists, animal traction vehicles and traffic calming, duly signposted, near educational establishments, markets, fairs, hospitals, as well as in areas at high risk of accidents. " 59. Article 52 shall read as follows: "" Art. 52. -(1) The vehicle driver performing a reversing manoeuvre of the direction of travel, exit from a row of stationary or entry vehicles in such a row, passing on another lane of traffic or turning to the right or to the right direction. left or who is going to make a return or go with the back is obliged to signal in advance and ensure that it can do so without disrupting the traffic or endangering the safety of the other road users. ((2) The signalling of the change of direction of travel must be maintained throughout the duration of the manoeuvre. " 60. Article 53 shall be repealed. 61. Article 56 shall read as follows: "" Art. 56. -(1) At intersections with undirected circulation, the driver of the vehicle is obliged to give way to the passage of all vehicles coming from the right side. (2) At the intersections with traffic directed by signs, traffic lights or by the road policeman, the driver of the vehicle is obliged to respect its significance or indications. ((3) The penetration of a vehicle at an intersection is prohibited if the intersection of the intersection occurs. (4) In the roundabout, signposted as such, vehicles circulating within them shall take precedence over those that are to enter the intersection. " 62. Article 57 shall read as follows: "" Art. 57. -In the case of vehicles entering an intersection between a road closed to public traffic and a public road, those vehicles travelling on the public road shall take priority. " 63. Article 58 shall read as follows: "" Art. 58. -(1) In intersections with undirected traffic, the driver of the vehicle is obliged to give priority to passing vehicles that run on the tracks. They lose the priority of passage when they make the left turn or when the road signage in that area establishes another traffic rule. (2) In intersections, drivers of vehicles turning to the left are obliged to give priority to passing vehicles with which they intersect and which circulate from the right side. (3) In intersections with circulation directed by priority indicators, the right priority rule shall be observed only if two vehicles are to meet, each entering the intersection on a signposted road with an indicator. having the same significance of priority or loss of priority. (4) When a three-color traffic light has an additional flashing green light, mounted at the same level as the normal green light of the traffic light, in the form of a green arrow on black background, with the tip to the right, its ignition signifies permission for vehicles to continue their way in the direction indicated by the arrow, regardless of the colour of the electric traffic light, provided that the priority is given to passing vehicles and pedestrians who have the right of movement. ' 64. In Article 59, paragraph 2 shall read as follows: " (2) At the level crossing with a current railway, provided with barriers or traffic lights, the drivers of vehicles are obliged to stop next to the indicator forcing them to stop, if they are being lowered or in a horizontal position and/or the sound and light signals announcing the train's approach are in operation 65. In Chapter V, section 2, after paragraph 8, a new paragraph is inserted, paragraph 8 ^ 1, with the following contents: "" § 8 ^ 1. Motor vehicles with priority movement Art. 59 ^ 1. -(1) In order to have priority of passage, the vehicles provided for in art. 32 32 para. ((2) lit. a) and b), when moving into intervention actions or in missions that are of an emergency nature, must have the light and sound signals in operation. (2) Drivers of motor vehicles in the situations referred to in par. ((1) may violate the legal speed regime or other traffic rules, with the exception of those governing the railway level crossing. (3) When on the public road the traffic is directed by a road policeman, the drivers of the vehicles provided in par. ((1) must comply with its signals, indications and provisions. Art. 59 ^ 2. -(1) At the entrance to the intersections where the red light of the traffic light is in operation or the signs oblige to give the priority of passage, the drivers of the vehicles provided in art. 59 ^ 1 para. (1) must reduce speed and circulate with increased attention to avoid the occurrence of traffic accidents, otherwise it will respond according to the law. (2) When two vehicles with a priority movement regime, which move on a mission with the light and sound signals in operation, approach an intersection, coming from different directions, the vehicle travelling from the right side shall have priority. " 66. Article 60 shall read as follows: "" Art. 60. -(1) It is considered to stop the voluntary immobilization of a vehicle on the public road, for a duration of no more than 5 minutes. Over this duration, the immobilization is considered stationary. (. No stopping shall be considered: a) immobilization of the vehicle as long as it is necessary for the embarkation or disembarkation of persons, if the traffic on the public road was not disturbed by this manoeuvre b) the immobilization of the vehicle having a maximum authorized total mass of up to 3.5 tons, as long as it is necessary for the food distribution operation at the commercial units. (3) For vehicles carrying goods, other than those referred to in par. ((2) lit. b), the public road manager together with the local public administration authorities, with the opinion of the traffic police, will establish schedules or hourly intervals during the night, in which the stop or parking is allowed for the distribution of goods. (4) Parking is considered to be parking vehicles in specially arranged or established spaces and duly signposted. (5) The vehicle stopped or stationed on the carriageway must be placed next to and in parallel with its edge, on one row, if another means of signalling is not otherwise ordered. Motorcycles without atas, mopeds and bicycles can be stopped or stationed and two, side by side. " 67. Article 61 shall read as follows: "" Art. 61. -(1) The traffic police may order the lifting and storage in specially arranged places of vehicles stationary irregularly on the carriageway and which constitute an obstacle for public traffic. The lifting and storage of vehicles shall be carried out by local public administrations or by the public road manager, as appropriate. ((2) The contraveller of expenses for the erection, transport and storage of the irregular stationary vehicle shall be borne by its holder. " 68. Article 62 shall read as follows: "" Art. 62. -The cases and conditions in which the stop, parking or parking on the public road is allowed shall be established by regulation, in accordance with the provisions of this emergency ordinance. " 69. After Article 62, a new paragraph is inserted, paragraph 9 ^ 1, with the following contents: "" § 91. Movement of vehicles intended for the carriage of goods or public passenger transport Article 62 ^ 1. -(1) Professional testing is mandatory for the driver of the vehicle carrying out transport of dangerous goods, public transport of persons, transport for his own account of persons with minibuses and buses, agabaritic transport, as well as for goods transport vehicles with a maximum authorized mass of more than 3.5 tons, which circulate in domestic and international traffic. ((2) The management of motor vehicles belonging to the Ministry of Administration and Interior, the Ministry of National Defence and the Romanian Intelligence Service, intended for the transport of goods whose maximum authorized total mass is more than 3,5 tonnes, the transport of goods or dangerous products, the transport of persons, and the driving of vehicles with outdated masses and/or dimensions, which carry out transport for the own needs of these institutions, are permitted drivers of motor vehicles only on the basis of the professional attestation institutions, under the conditions established by the Ministry of Transport, Construction and Tourism. This attestation is valid only for the period during which the respective drivers belong to these institutions. (3) The conditions for obtaining the certificate of professional attestation are approved by order of the Minister of Transport, Construction and Tourism, in accordance with the legal provisions in force. (. The certificate of professional attestation which gives the holder the right to carry out the activity for which he was issued is valid only accompanied by the driving licence corresponding to the category of which the driving vehicle belongs. Article 62 ^ 2. -It shall be prohibited to transport dangerous goods and products on public roads in vehicles which do not have the necessary facilities and equipment or which do not meet the technical and approval conditions laid down in the European Agreement on the international road transport of dangerous goods (A.D.R.), concluded in Geneva on 30 September 1957, to which Romania acceded by Law no. 31/1994 ,, times for which the driver of the vehicle does not hold the corresponding A.D.R. Article 62 ^ 3. -(1) The vehicle carrying dangerous goods or products may circulate on public roads only under the conditions provided by the regulations in force. (2) Vehicles which, by construction or cargo carried, exceed the mass and/or gauge provided by the legal rules may circulate on the public road only on the routes established by the public road manager or, as the case may be, local public administration authorities, in compliance with the legal provisions in force. Article 62 ^ 4. -Vehicles with outdated masses and/or gauges, those carrying dangerous goods or products, as well as accompanying ones must have the special yellow light warning signals provided in art. 32 32 para. ((1) lit. c), and their leaders must keep them in operation throughout the period of travel on the public road. " 70. Article 63 shall be repealed. 71. Article 64 shall read as follows: "" Art. 64. -(1) In order to drive a moped on public roads, its driver must be at least 16 years of age. (2) In order to drive a bicycle on public roads, its driver must be at least 14 years of age. ((3) Bicycles and mopeds running on public roads must be equipped with means of illumination and reflective-fluorescent devices. It is forbidden to move them at night without these means and devices in working order. " 72. Article 65 shall read as follows: "" Art. 65. -(1) Access and movement of vehicles with animal traction, burden, traction or riding animals, as well as isolated animals or in the herd on national roads, in municipalities and on roads at the beginning of which there are an indication of prohibition of access. (2) In the cases provided in par. (1), the local public administration authorities are obliged to arrange side roads intended for their movement, according to the competences established by law. (3) In order to circulate on public roads that access is permitted, animals, vehicles drawn or pushed by hand, animals of burden, traction and riding will have one driver, and the vehicles with animal traction will be equipped and with means of illumination and reflective-fluorescent devices, in accordance with the provisions of the Regulation. " 73. Article 66 shall read as follows: "" Art. 66. -(1) The pedestrians are obliged to move only on the sidewalk, and in the absence of it, on the mooring on the left side of the road, in their direction of travel. When and the mooring is missing, pedestrians are required to travel as close to the edge on the left side of the carriageway in their direction of travel. (2) The pedestrians have priority over the drivers of vehicles only when they are engaged in crossing public roads through specially arranged, marked and signposted places, or the green colour of the traffic light intended for Pedestrians. ((3) The crossing of the public road by pedestrians is perpendicular to its axis, only through the specially arranged and properly signposted places, and in their absence, in localities, on the corner of the street, only after they have ensured that they can do without danger to them and to other road users. (4) Pedestrians surprised and injured as a result of crossing through unpermitted places, at the red traffic light intended for them, or of non-compliance with other obligations established by the road rules bear the full responsibility of their injury, in the conditions under which the driver of that vehicle complied with the legal provisions on movement through that sector (5) Persons who drive a special building wheelchair, those who drive vehicles intended solely for pulling or pushing with their hand, as well as those moving on skates or roller devices, are assimilated to pedestrians. (6) It is exempted from compliance with the rules established for pedestrians the road policeman and persons who are on the platform of the public road and are authorized, in the exercise of their duties, to guide or direct road traffic, in the conditions laid down by regulation (7) It is forbidden to occupy the sidewalks with immobilized vehicles, and when it is allowed, according to the signs or markings, the minimum width of the sidewalk left at the disposal of pedestrians must be at least one meter. " 74. Article 67 shall read as follows: "" Art. 67. -The rules on the movement on public roads of mopeds, bicycles, vehicles with animal traction, military column drivers, corteges, organised groups and animals shall be established by regulation. " 75. In Article 68, paragraphs 1, 3 and 4 shall read as follows: "" Art. 68. -(1) On motorways is prohibited the movement of pedestrians, vehicles with gauges or outdated masses, without special transport authorization issued by the public road manager, according to the regulations in force, of vehicles with traction animal, animal, vehicles drawn or pushed by hand, bicycles and mopeds, tractors and self-propelled machinery for agricultural works, as well as vehicles which, by construction or other causes, cannot exceed the speed of 50 Km/h. ............................................................................ (3) The movement, stop or parking of vehicles in the emergency lane shall be prohibited, except in justified cases, as well as motor vehicles with priority traffic regime. ((4) The movement of vehicles intended for public transport of persons or goods shall be carried out, as a rule, only on the marginal lane on the right side of the highway, in the direction of travel. " 76. In Chapter V, after the title of the 5th section, two new articles are inserted, articles 68 ^ 1 and 68 ^ 2, with the following contents: "" Art. 68 68 ^ 1. -The traffic accident is the event that cumulatively meets the following conditions: a) occurred on a road open to public traffic or originated in such a place; b) had as a result the death, injury to one or more persons or damage of at least one vehicle or other material damage; c) at least one moving vehicle was involved in the event; d) occurred as a result of the violation of a traffic rule. Art. 68 ^ 2. -(1) Vehicles registered or registered, with the exception of those with animal traction, trailers and mopeds, travelling on public roads, must have compulsory insurance for civil liability in the event of damage caused to third parties by traffic accidents, according to the law. (2) The traffic police order the detention of the registration or registration certificate and the withdrawal of the plates with the registration or registration number of uninsured vehicles, located in traffic, releasing the proof without right of movement. (3) If the holder of the vehicle does not prove his insurance, after 30 days from the date of application of the measure provided in par. ((2), the traffic police shall order the vehicle to be removed. " 77. Article 69 shall read as follows: "" Art. 69. -(1) The driver of a vehicle involved in a traffic accident resulting in death or injury to the bodily integrity or health of a person is obliged to take measures to notify the police immediately, not to modify or to erase the traces of the accident and not leave the scene. ((2) Any person who is involved or is aware of the occurrence of a traffic accident resulting in the death or injury of the bodily integrity or health of one or more persons, as well as in the situation where the event is involved a vehicle carrying dangerous goods is obliged to notify the police immediately and to call the single national number for emergency calls 112, existing in telephone networks in Romania. (3) It is prohibited for any person to change the position of the vehicle involved in a traffic accident resulting in the death or injury of the bodily integrity or health of one or more persons, to modify the state of the place or to erase the traces of the accident without the consent of the police investigating the accident. " 78. Article 70 shall read as follows: "" Art. 70. -(1) The driver of the motor vehicle or tramway, the certified self-driving instructor who is in the process of practical training of a person for obtaining the driving licence, as well as the examiner of the competent authority during the deployment the practical evidence of the examination for obtaining the driving licence or for any of the categories or subcategories thereof, involved in a traffic accident, shall be prohibited from the consumption of alcohol or substances or products narcotics or medicinal products with similar effects after the occurrence of the event; and until the concentration of alcohol in expired air or the collection of biological samples. (2) If the provisions of paragraph 1 are not complied with. ((1), the results of the test or analysis of the biological samples collected shall be considered to reflect the condition of the driver, the driver or the examiner at the time of the accident. ' 79. Article 71 shall read as follows: "" Art. 71. -(1) The vehicle driver involved in a traffic accident resulting only in damage to the vehicle is obliged to remove it immediately outside the carriageway or, if not possible, to move it as close as possible to the curb. or mooring, signaling it properly. (2) In the situation referred to in par. (1), the driver of the vehicle is obliged to present himself immediately to the police unit within which the accident occurred, in order to draw up the finding documents. (3) If two or more drivers whose damaged vehicles can be moved without the risk of jeopardizing traffic safety are involved in the traffic accident, they will immediately present themselves with the vehicles to the police unit within to which the event took place, for the preparation of the accident finding documents. " 80. Article 72 shall read as follows: "" Art. 72. -The owner or holder of which the motor vehicle, trailer or tram was damaged in circumstances other than in a traffic accident is obliged to immediately notify the police within which the event occurred, for the preparation of the documents of finding. " 81. Article 73 shall read as follows: "" Art. 73. --(1) At the request of the Commission for the Supervision of Insurance or Insurance Companies, the authority that has the registered or registered vehicles shall communicate the data relating thereto and to the owners or owners to them. ((2) At the request of the Commission for the Supervision of Insurance or Insurance Companies, the traffic police shall communicate to them copies of the documents for finding the events, in order to prepare the files for compensation. " 82. In Chapter V, the title of section 6 will read as follows: " SECTION 6 Movement of vehicles in international traffic " 83. Article 74 shall read as follows: "" Art. 74. -(1) Vehicles and trailers registered in Romania may cross the state border on public roads, if they meet the conditions required to be admitted to international circulation, and their leaders possess valid driving license, according to the provisions of the Convention on Road Traffic, concluded in Vienna on 8 November 1968 and ratified by Romania Decree no. 318/1980 . (2) Vehicles and trailers registered in other states may cross the state border and travel on public roads in Romania, if they meet the technical conditions provided for in the convention referred to in par. ((1), but only during the period as long as they are insured for civil liability cases as a result of damage caused by traffic accidents. (3) In order to drive a motor vehicle on the territory of Romania, persons who are titular of a driving license issued in a state that is not a member of the Convention on Road Traffic, provided in par. (1), must possess and license the international driving. (4) Vehicles and trailers registered in other states, owned by persons who are based or domiciled in Romania, may be driven on public roads for a maximum period of 90 days from their introduction into the country, if insured for civil liability cases as a result of damage caused by traffic accidents. (5) Persons who have established their residence in Romania may register their vehicles or trailers to the competent authority of the area of residence. (6) Vehicles registered in states that are not signatories to the Convention on the road traffic provided in par. ((1) are obliged to wear at the rear the hallmark of the state which carried out the registration. " 84. Article 75 shall read as follows: "" Art. 75. -(1) Persons residing in other states, temporarily in Romania, may drive vehicles on public roads if they possess a valid driving license, according to the models established in the Convention on Road Traffic, provided in art. 74 74 para. ((1), or whose validity is recognised on the basis of reciprocity. (2) Persons with domicile in Romania who possess national driving licences issued by the authorities of the Member States of the Convention on Road Traffic have the right to drive vehicles on public roads no more than 90 days after their entry into the country. (3) Persons who have established their residence in Romania may exchange their driving license obtained in another state signatory of the Convention on road traffic in a Romanian one, at the competent authority of the area of residence. (4) The pressuring of national driving licences issued by foreign authorities with similar Romanian documents shall be carried out under the conditions established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of the Romania, Part I. " 85. Article 76 shall read as follows: "" Art. 76. -Failure to comply with the provisions on traffic on public roads, which meets the constituent elements of a crime, attracts criminal liability and is sanctioned according to this emergency ordinance. " 86. Article 77 shall read as follows: "" Art. 77. -(1) Putting into circulation or driving on public roads of a motor vehicle or tram, unregistered or unregistered, is punishable by imprisonment from one to 3 years. (2) The putting into circulation or driving on public roads of a motor vehicle or tram with false registration or registration number is punishable by imprisonment from one to 5 years. (3) Tracting an unregistered or unregistered trailer or with a false registration or registration number is punishable by imprisonment from 3 months to 2 years or with a fine. (4) Driving on public roads of a motor vehicle or towing a trailer whose registration or registration plates have been withdrawn or a vehicle registered in another state, which has no right of movement in Romania, shall be punishable by imprisonment from 6 months to 2 years. " 87. Article 78 shall read as follows: "" Art. 78. -(1) Driving on public roads of a motor vehicle or a tram by a person who does not possess a driving licence is punishable by imprisonment from one to 5 years. ((2) Driving on public roads of a motor vehicle or tramway of which a person whose driving licence is inappropriately to the category or subcategory to which that vehicle belongs or his licence has been withdrawn or cancelled or to which the exercise of the right to drive has been suspended or which does not have the right to drive motor vehicles in Romania is punishable by imprisonment from 6 months to 3 years or with a fine. (3) With the prescribed sentence of par. (2) the person who entrusts with science a motor vehicle or tram, for driving on public roads, to a person who is in one of the situations referred to in par. ((1) or (2) or to a person suffering from a mental illness or who is under the influence of alcohol or narcotic products or substances or drugs with similar effects. " 88. Article 79 shall read as follows: "" Art. 79. -(1) Driving on public roads of a motor vehicle or tram by a person who has an alcoholic imbibation of more than 0.80 g/l pure alcohol in blood is punishable by imprisonment from one to 5 years. (2) With the punishment provided in par. (1) the person who drives a motor vehicle or a tram is also sanctioned and who is under the influence of narcotic substances or drugs with effects similar to them. (3) The substances or narcotic products, as well as the drugs with effects similar to them, shall be established by the Ministry of Health, and their list shall be published in the Official Gazette of Romania, Part I. (4) If the person in one of the situations referred to in par. (1) or (2) carry out public transport of persons, transport of dangerous substances or products or are in the process of practical training of a person for obtaining a driving licence or during the conduct of practical evidence of the exam for obtaining the driving license, the sentence is imprisonment from 2 to 7 years. (5) Refusal, resisting or evading the driver of a motor vehicle or a tram or the driver, in the training process, or of the examiner of the competent authority, during the conduct of the practical tests of the the examination for obtaining the driving licence, to submit to the collection of biological samples or expired air testing, in order to establish the blood alcohol or the presence of drugs or drugs with similar effects They shall be punished with imprisonment from 2 to 7 years. " 89. Article 80 shall read as follows: "" Art. 80. -(1) The collection of biological samples is made in authorized medical institutions or in forensic institutions and is carried out only in the presence of a representative of the traffic police. ((2) The establishment of the concentration of alcohol or presence in the body of substances or narcotic products or drugs with similar effects shall be made in authorized forensic institutions, in accordance with the methodological norms developed by Health Ministry. ((3) The establishment of the presence of alcohol in the expired air or the preliminary testing of the presence in the body of substances or narcotic products or medicinal products with similar effects shall be made by the traffic police, by means of means technical certificates. (4) The determination of the concentration of alcohol in expired air is made by the traffic police, with the help of a technically approved and metrologically verified means. (5) The person driving a motor vehicle or tramway, tested by the road police officer with a technical means certified and found to have a concentration of up to 0,40 mg/l pure alcohol in the expired air, may require the latter to be collected samples biological by the medical institutions referred to in par. (1), in order to establish alcohol imbibation in the blood. (6) The person driving a motor vehicle or tramway, tested with a technical means certified as having a concentration of more than 0,40 mg/l pure alcohol in expired air, is obliged to undergo biological sampling or testing with a technical means approved and verified metrologically. (7) Drivers of motor vehicles or trams, tested in traffic with a certified technical means, indicating the presence, in biological products, of narcotic substances or products or of medicinal products having similar effects, shall be harvested mandatory biological samples. " 90. Article 81 shall read as follows: "" Art. 81. --(1) Leaving the scene of the accident by the driver of the vehicle or by the driver, in the training process, or by the examiner of the competent authority, while conducting the practical tests of the examination for obtaining a driving licence, involved in a traffic accident resulting in the killing or injury of the bodily integrity or health of one or more persons, or if the accident occurred as a result of a crime, without the consent of the police carrying out the investigation of the scene, it is punishable by prison from 2 to 7 years. (2) With the punishment provided in par. (1) it is also sanctioned the act of any person to modify the state of the place or to delete the traces of the traffic accident resulting in the killing or injury of the bodily integrity or health of one or more persons, without the consent the on-site research team. (3) It does not constitute a crime the act of the driver of the vehicle who, in the absence of other means of transport, himself carries the injured persons to the nearest health facility able to provide the necessary medical assistance and to which he declared personal identity data and the registration or registration number of the driving vehicle, recorded in a special register, if returned immediately to the scene of the accident. (4) It does not constitute the crime of leaving the scene of the accident of the driver of the vehicle with priority traffic regime, if he immediately announces the police and after the end of the mission he presents himself at the headquarters of the police unit on whose the radius of competence occurred the accident, in order to draw up the finding documents. (5) It is not a crime to leave the scene of the accident, if the victim leaves the scene, and the vehicle driver immediately announces the event at the nearest police unit. " 91. In Article 82, paragraph 1 shall read as follows: "" Art. 82. --(1) The right of the driver or the driver, in the training process, or of the examiner of the competent authority, while conducting the practical tests of the driving licence, to consume alcohol, products or narcotic substances or medicines with similar effects, after the occurrence of a traffic accident that resulted in the killing or injury of the bodily integrity or health of one or more persons, until the collection of biological samples or testing with an approved technical means, and checked metrologically or until the establishment with a certified technical means of their presence in the expired air, is punishable by imprisonment from one to 5 years. " 92. Article 83 shall read as follows: "" Art. 83. -Failure to fulfil the obligations provided for in 22 22 para. (5) by the family doctor, in the event of a traffic accident that resulted in the killing or injury of the bodily integrity or health of one or more persons, as a result of the medical conditions of the vehicle, is punishable by imprisonment from 3 months to 2 years or with a fine. " 93. Article 84 shall read as follows: "" Art. 84. -(1) Fact committed with intent to evade, destroy, degrade or bring in a state of non-use the signs, traffic lights, road facilities or the creation of obstacles on the carriageway is punishable by imprisonment from 6 months to 2 years or a fine. (2) With the punishment provided in par. (1) it is sanctioned to install road signs or to modify their positions, without authorization issued by the competent authorities, likely to mislead road users. ((3) The organization or participation, as a vehicle or animal driver, in unauthorized competitions on public roads is punishable by imprisonment from 3 months to 2 years or with a fine. (4) With the punishment provided in par. (3) it is sanctioned to intentionally block the public road, if the safety of traffic is endangered or the right to free movement of other road users is affected. ((5) Leaving without supervision on the carriageway of public roads of a vehicle carrying dangerous products or substances is punishable by imprisonment from 3 to 7 years. " 94. Article 85 shall read as follows: "" Art. 85. -(1) Poor performance or failure to perform technical verification tasks or periodic technical inspection of motor vehicles, trailers or trams or those relating to the performance of technical repairs or interventions by persons who have such duties, if due to the technical condition of the vehicle a traffic accident occurred that resulted in the killing or injury of the bodily integrity or health of a person, is punishable according to the criminal law. (2) The repair of vehicles having traces of accident, without the authorization issued by the police, is punishable by imprisonment from 3 months to 2 years or with a fine. " 95. Article 86 shall read as follows: "" Art. 86. -(1) The performance of construction, modification, modernization or rehabilitation of the public road and the location of construction, billboards or advertising advertisements in the road area, without a building permit issued under the law, shall be punish with imprisonment from 6 months to 3 years or with a fine. (2) With the punishment provided in par. (1) the person who does not comply with the conditions established in the building permit, issued under the law, for the arrangement of road access to the public road, in the case of constructions located in his area, shall be sanctioned (3) The person authorized by the railway administrator who does not take the appropriate measures for the signalling of railway level crossings shall be punished with imprisonment from 3 months to 2 years or with a fine. (4) With the punishment provided in par. (3) is sanctioned and the person authorized by the administrator of a public road or by the executor of a work on the carriageway, who does not take the appropriate measures for the signalling of obstacles or works on public roads, if this has caused a traffic accident resulting in human casualties or material damage. " 96. Article 87 shall read as follows: "" Art. 87. -(1) The violation of the provisions of this emergency ordinance, other than those that meet the constituent elements of a crime, constitutes contravention and is sanctioned with warning or fine as a main sanction and, as the case may be, with one of the complementary contravention sanctions provided in art. 88 88 para. ((2). (2) The warning consists in the verbal or written warning of the offender, accompanied by the recommendation to comply with the legal provisions. (3) The warning shall apply if the traffic safety does not endanger the safety of the traffic. (4) The contravention sanctions provided in par. ((1) shall be established and applied to offenders, natural or legal persons. " 97. Article 88 shall read as follows: "" Art. 88. -(1) The complementary contravention sanctions are aimed at removing a state of danger and preventing the commission of other acts prohibited by law and shall be applied by the same minutes by which the main sanction of the fine or warning. (2) The complementary contravention sanctions are as follows: a) the application of penalty points; b) suspension of the exercise of the right to drive, in limited time; c) confiscation of goods intended to commit the contraventions provided for in this emergency ordinance or used for this purpose; d) vehicle immobilization e) automatic deletion of the registration or registration of the vehicle, in the cases provided in art. 18 18 para. ((2) and (4); f) lifting of irregularly stationary vehicles. (3) For the violation of certain norms to the traffic regime, in addition to the main sanction or, as the case may be, one of the complementary contravention sanctions provided in ((2) lit. c), d) and f), in the cases provided in art. 92 92 para. (1) shall also apply a number of 2, 3, 4 or 6 penalty points. (4) The suspension of the exercise of the right to drive shall be ordered by the head of the road police of the county or of the city of Bucharest or its replacement, within the radius of which one of the facts provided in art. 90 90 para. ((3), art. 91 91 para. ((3) and art. 91 ^ 1 para. (3), or by the head of the traffic police of the General Inspectorate of the Romanian Police or his deputy for the acts found by the road police in subordination. In case of cumulation of 15 penalty points, the suspension of the exercise of the right to drive shall be ordered by the head of the traffic police of the county or of the city of Bucharest within whose domicile or, as the case may be, the driving licence. (5) The tax is ordered by the traffic police through the minutes of finding the contravention, with the application of the fine penalty. (6) Are subject to confiscation: a) special means of light and sound warning held, mounted and used on motor vehicles other than those provided in art. 32 32 para. ((2) and (3); b) devices that disrupt the operation of technical means of traffic surveillance; c) plates with registration or registration number which do not meet the standards in force and which are mounted on vehicles; d) vehicles with animal traction, when travelling on public roads that are prohibited from access to routes other than those established by local public authorities. ((7) The mobilization of a vehicle consists of removing it outside the carriageway, on the mooring or as close as possible to the side of the road, and putting it into impossibility of movement by using technical devices or other means of lock. (8) The mobilization of a vehicle is ordered by the road policeman, as a result of the commission's commission of one of the facts provided in art. 104 104 para. ((1). ' 98. After Article 88, a new article is inserted, Article 88 ^ 1, with the following contents: "" Art. 88 88 ^ 1. -(1) In addition to the contravention sanctions, the road policeman has, in the cases provided for in this emergency ordinance, one of the following technical-administrative measures: a) the retention of the driving licence and/or the registration or registration certificate or, as the case may be, of their replacement proof; b) the withdrawal of the driving licence, the registration or registration certificate or the plates with the registration or registration number; c) cancellation of the driving licence. (2) The retention of the driving license or the registration or registration certificate is made by the road policeman, with the finding of the act, issuing the holder a replacement proof with or without right of movement. (3) The period during which the holder of the driving licence is prohibited from driving a motor vehicle or tram shall be considered suspension, according to the provisions of art. 88 88 para. ((2) lit. b). (4) The withdrawal of the driving licence shall be ordered by the traffic police if its holder has been declared unfit to drive on public roads by an approved medical institution. (5) The cancellation of the driving license shall be ordered by the traffic police on whose radius of competence one of the facts provided in art. 101. ((. The procedure for the application of administrative measures shall be established by Regulation 99. Article 89 shall read as follows: "" Art. 89. -(1) The contravention fines shall be determined in the amount determined by the amount of the number of fines imposed. (2) A fine point represents the value of 10% of the gross minimum wage, established by Government decision. (3) The contraventions provided for in this emergency ordinance shall be established classes of sanctions to which a number of points-fine corresponds, depending on the gravity of the facts and the social danger they present. (. The classes of penalties shall be as follows: a) Class I-2 or 3 points-amenda; b) Class II-4 or 5 points-amenda; c) Class III-from 6 to 8 points-amends; d) 4th grade-from 9 to 20 points-fine; e) 5th grade-from 21 to 100 points-fine. ((5) Contraventions provided for in Class V of sanctions shall apply to legal persons. " 100. After Article 89, a new article is inserted, Article 89 ^ 1, with the following contents: "" Art. 89 89 ^ 1. -(1) It constitutes contraventions and is sanctioned with the fine provided in class I by sanctions the following acts committed by individuals: 1. driving an unjustified motor vehicle at a speed of at least 10 km/h below the mandatory minimum limit set on that road section; 2. non-compliance with the obligation to signage the movement of the direction of travel; 3. pedestrian non-compliance with traffic rules on public roads; 4. failure to fulfill the obligation of the owner or the user of the motor vehicle to request the document for finding the damage caused to him in other circumstances than following a traffic accident; 5. non-compliance with the rules on traffic on public roads by the heads of military columns, authorized organized groups and cortegies; 6. non-compliance with the significance of the intermediate light signal of the shape of one or of yellow or white arrows with the tip facing down to the right, which announces the change of the green color signal in the case of lanes with circulation reversible; 7. driving a damaged vehicle over the period of 30 days from the date of issue of the damage finding document; 8. non-compliance with the obligation of the driver of the motor vehicle and its passengers to wear, during the movement on public roads, the belt or approved safety devices; 9. non-compliance with the obligation by the motorcycle driver or moped to wear, during the trip on public roads, the approved protective helmet; 10. non-compliance with the vehicle driver's obligation to leave the tram route free at its proximity, when the road has only one lane; 11. non-compliance with traffic rules by animal drivers; 12. non-compliance with the obligation to apply the distinctive sign on motor vehicles driven by persons who are less than one year old from the acquisition of the driving licence; 13. free leaving while driving the steering wheel, handlebar or vehicle control lever; 14. non-compliance by passengers or passengers with their obligations when they are in vehicles; 15. non-compliance with the significance of the yellow traffic light; 16. driving a vehicle whose registration or registration plates are damaged, dirty or covered with ice or snow likely to prevent the identification of the registration or registration number; 17. driving a vehicle on whose registration or registration plates are applied to films or other devices that do not allow the reading of the registration number or the plates do not meet the standards in force; 18. driving on public roads of a vehicle with technical defects, other than those provided in art. 91 ^ 1 para. ((3) lit. b), or which has a lack of one or more body elements or it is visibly damaged. (2) The contravention fine provided in par. (1) shall also apply to the driver of the motor vehicle or tram who performs a deed for which 2 penalty points are applied, according to art. 92 92 para. ((1) lit. a). " 101. Article 90 will read as follows: "" Art. 90. -(1) It constitutes contraventions and is sanctioned with the fine provided in class II by sanctions the following acts committed by individuals: 1. non-compliance with the signals of the border guards at the crossing points of the state border of Romania, of the traffic guides of the Ministry of National Defence, of the railway agents, of the persons designated for directing traffic, on the road sectors on which their rehabilitation works are carried out, as well as those of traffic school patrols and blind people; 2. non-compliance with the rules for the use of audible warning means by vehicle drivers, except for those driving vehicles provided for in art. 32 32 para. ((2) lit. a) and b); 3. non-compliance with the significance of the obliging indicators and markings; 4. failure to request the competent authority, within the period prescribed by law, to issue a duplicate of the driving licence or registration or registration certificate, if they have been declared stolen, lost, damaged or no longer in terms of the form and content of those in force; 5. the lack of specific facilities for vehicles intended for the learning of driving, provided for in the regulations in force; 6. driving a motor vehicle that has tyres fitted with dimensions or characteristics other than those provided for in the registration or registration certificate or are worn over the permitted limit; 7. driving a motor vehicle that, on the go or stationary, pollutes soundly or exudes noxes above the permitted legal limit; 8. non-compliance with the routes established by the traffic police for practical training or taking the examination for obtaining the driving license; 9. non-compliance with the obligation to travel on a single string, regardless of direction of travel, in an intersection where trams also run and leave the tram route free when the space between the right rail and sidewalk does not allow circulation on two strings; 10. the conduct by the driver of a vehicle of activities likely to distract him from driving or the use of sound installations at a noise level affecting the safe movement of him and the other participants in traffic; 11. non-compliance with the obligation of the motorcycle driver or moped to have in operation, during the day, the meeting lights in traffic on public roads; 12. non-use of fluorescent-reflective warning equipment by the person performing works in the public road area or by the railway agent providing the level crossing; 13. driving a motor vehicle that is not equipped with medical kit, reflective triangles and fire extinguisher, approved. (2) The contravention fine provided in par. (1) shall also apply to the driver of the motor vehicle or tram who performs a deed for which 3 penalty points are applied, according to art. 92 92 para. ((1) lit. b). (3) It constitutes contravention and is sanctioned with the fine provided for in the second class of sanctions and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days the driver of the vehicle or tram of the following facts: a) the overtaking of the columns of vehicles stopped at the red traffic light or at the railway level crossings; b) failure to give priority to the pedestrian crossing employed in the regular crossing of the public road through the specially arranged and signposted places, located on the direction of travel of the vehicle or tram; c) failure to give priority to passing vehicles with that right; d) non-compliance with the significance of the red traffic light; e) failure to comply with the rules f) non-compliance with the signals, indications and provisions of the road policeman in the exercise of his duties; g) non-compliance with 71 71 para. ((2). ' 102. Article 91 will read as follows: "" Art. 91. -(1) It constitutes contraventions and is sanctioned with the fine provided for in the third class of sanctions the following acts committed by individuals: 1. driving a motor vehicle with a driving licence whose validity has expired; 2. driving a motor vehicle by a person who has not changed the Romanian national driving license to changing domicile or residence, within the period provided by law; 3. driving a motor vehicle by a person residing in Romania who has not changed the driving license obtained in another state, within the period provided by law; 4. failure to comply with the obligations to exchange the registration or registration certificate of the vehicle or trailer in the cases provided by law; 5. not keeping the side distance sufficient from the vehicle travelling from the opposite direction; 6. failure by the driver of the vehicle of the significance of the signs and markings of prohibition or restriction or of temporary ones, except for those who prohibit access or overtaking falling into another class of sanctions; 7. non-compliance with the obligation to allow leaving the driver's intersection remaining inside it; 8. non-compliance with the rules on the movement of bicycles and mo 9. failure to educate speed in the cases provided for by the Regulation 10. fitting to the motor vehicle, trailer or tram of lights of other color or intensity, of other lights or audible warning devices or accessories or unapproved changes; 11. movement with a motor vehicle, trailer or tramway with faults to the lighting or audible warning system or when they are missing; 12. non-compliance with the rules in case of involuntary restraint in underground passages and tunnels; 13. non-compliance with the rules on transport of persons and objects in or on vehicles 14. starting from the place of the open-door vehicle or tram, the open-door traffic or their opening during walking; the opening of the vehicle doors when it is stopped or stationed, without the assurance that it does not endangers the safety of the movement of other road users; 15. stopping vehicles intended for public transport of persons in places other than in stations signposted as such; 16. non-compliance with the rules on lane traffic 17. driving on public roads of two-wheeled vehicles, without ensuring contact with the carriageway on both wheels. (2) The contravention fine provided in par. (1) shall also apply to the driver of the motor vehicle or tram who performs a deed for which 4 penalty points are applied, according to art. 92 92 para. ((1) lit. c). (3) It constitutes contravention and is sanctioned with the fine provided for in the third class of sanctions and with the application of the complementary contravention sanction of the suspension of the right to drive for a period of 60 days the driver of the vehicle or tram of the following facts: a) non-compliance with the rules on the priority of crossing, overtaking or transitioning to the red traffic light, if this occurred a traffic accident resulting in damage to a vehicle or other material damage; b) non-compliance with the temporary traffic ban established on a particular public road segment; c) non-compliance with traffic rules at the passage of an official column or intercalation in such a column; d) the oncoming traffic, except in cases where the overtaking manoeuvre is carried out. " 103. After Article 91, six new articles are introduced, Articles 91 ^ 1 -91 ^ 6, with the following contents: "" Art. 91 91 ^ 1. -(1) It constitutes contraventions and is sanctioned with the fine provided for in the 4th grade of sanctions the following acts committed by individuals: 1. driving on public roads of a vehicle which does not technically correspond or whose term of validity of the periodic technical inspection has expired; 2. driving on public roads of a vehicle without having mounted one of the plates with the registration or registration number or if the plates with the registration or registration number are not fixed in the specially designed places; 3. driving an unregistered animal traction vehicle; 4. failure to carry out the deregistration of vehicles from the record, in the cases and deadlines 5. driving a motor vehicle intended for public transport of persons or goods without holding the professional attestation; 6. failure to perform periodic medical verification; 7. failure by the family doctor to fulfill the obligations provided in art. 22 22 para. (5) in the case of the involvement, with guilt, of the vehicle driver in his record in a traffic accident as a result of which only material damage resulted; 8. simultaneous possession of two national driving licences, one of which issued by a foreign competent authority; 9. bonding of posters, inscriptions or inscriptions on signs or devices serving on road signs, including their supports; 10. possession, installation or use in the circulation on public roads of special means of audible or luminous warning on vehicles that do not have this right; 11. possession, installation or use in the circulation on public roads of devices that disrupt the normal operation of speed measuring devices; 12. unjustified use of special means of light or sound warning by drivers of motor vehicles who have priority movement regime; 13. non-compliance with the regulatory signals of railway agents at the level crossing; 14. the non-communication by the owner or the user of a vehicle, at the request of the traffic police, of the identity of the person to whom he entrusted the vehicle 15. failure to fulfil the obligations of the driver of vehicles carrying out public transport of persons or goods; 16. non-compliance with the obligations of drivers of animal traction vehicles; 17. non-compliance with 68 on traffic on highways; 18. failure to fulfill the obligations provided in art. 71 71 para. (2) in the case of the involvement of the motor vehicle driver in a traffic accident resulting only in material damage; 19. carrying out the transport of goods or persons with motor vehicles and trailers circulating on the basis of the authorization for the test 20. driving a motor vehicle that circulates on the basis of the authorization for samples outside the county or the city of Bucharest within which the holder of the authorization is based; 21. non-compliance with the significance of the red light of the devices installed for the signalling of the reversible lanes 22. the commission by the drivers of vehicles or their passengers by obscene gestures, the proference of swearing, the address of offensive or vulgar expressions to road users; 23. throwing, leaving or abandoning on the public road of objects, materials, substances or vehicles, as the case may be; 24. non-compliance with vehicle towing rules; 25. failure to present, unjustifiably, within the deadline set at the road police unit to which he was invited for the resolution of any problem related to the quality of road user or owner or user of the vehicle; 26. penetration on public roads modernized with a vehicle that has on wheels or on the body mud that is deposited on the carriageway or from which products, substances or materials that endanger the safety of traffic fall or drain; 27. transport of children up to 12 years of age or of animals in the front seats of vehicles; 28. driving the vehicle with a maximum authorized mass of more than 3.5 tons on roads covered with ice, snow or ice, without having mounted on wheels or other approved anti-slip equipment; 29. non-application, at the back of a motor vehicle registered in a State which is not a signatory to the Convention on Road Traffic, of the distinctive sign of the State which carried out the registration; 30. irregular parking on public roads in low visibility conditions; 31. hitting, damaging or bypassing the gauge gates installed before the railway level crossing; 32. hitting and/or damage to the upper passages on public roads, by non-compliance with the appropriate signposted free pass gauge; 33. the installation on the vehicle of a sound anti-theft system whose signal duration exceeds more than one consecutive minute, and the signal intensity exceeds the phonic threshold provided by law; 34. non-application, at the rear of the vehicle carrying out public transport of persons or goods, of the indicator with the speed limits allowed for the category to which the driven vehicle belongs; 35. the application of chemical treatments or films on the windscreen, scope or side windows, with the exception of those approved and/or certified by the competent authority and which are duly marked; 36. application of posters, advertising advertisements, inscriptions or accessories on the windscreen, rear window or side windows that restrict or fade visibility below the permitted legal limit or prevent or diminish the effectiveness of lighting devices and light signalling or reading of the registration number 37. violation of obligations relating to the movement on public roads of vehicles carrying dangerous goods or goods or vehicles with an outdated mass and/or gauge. (2) The contravention fine provided in par. (1) shall also apply to the driver of the motor vehicle or tram who performs a deed for which 6 penalty points are applied, according to art. 92 92 para. ((1) lit. d). (3) It constitutes contravention and is sanctioned with the fine provided for in the 4th class of sanctions and with the application of the complementary sanction of the suspension of the exercise of the right to drive for a period of 90 days the commission by the motor vehicle or tram of the following facts: a) driving under the influence of alcoholic beverages, if the act does not constitute, according to law, b) driving the vehicle with serious faults to the braking system or to the steering mechanism, found by the traffic police together with the specialists of the Romanian Auto Registry; c) failure to stop at the level crossing by rail when barriers or traffic lights are lowered or in the process of descent or when the signals with red and/or sound lights are in operation; d) non-compliance with the provisions provided 35 35 para. ((3); e) exceeding by more than 50 km/h the maximum speed allowed on the respective road sector and for the category to which the driven vehicle belongs, found, according to the law, with technical means approved and metrologically verified. Art. 91 ^ 2. -(1) The suspension of the exercise of the right to drive motor vehicles is ordered: a) for a period of 30 days, if the holder of the driving license has committed contraventions that aggregate 15 penalty points; b) for a period of 60 days, if the holder of the driving licence cumulates again at least 15 penalty points in the next 12 months after the expiry of the last suspension of the exercise of the right to drive. (2) If the driver of the motor vehicle or tram performs, within a period of 6 months from the date of the return of the driving license, again a new act provided for in art. 90 90 para. ((3), art. 91 91 para. ((3) and art. 91 ^ 1 para. ((3), the suspension period shall be increased by another 30 days. (3) In the cases provided in par. (1) and (2) the decision to suspend the exercise of the right to drive shall be communicated to the holder by the traffic police service, which has the offender, within 10 days from the date of finding the last contravention. (4) The penalty points shall be cancelled at the end of the 6-month period from the date of finding the contravention. (5) The suspension of the exercise of the right to drive cancels all the penalty points accumulated until that time. (6) In the cases provided in par. (1), the offender is obliged to appear at the police unit within which he resides or, as the case may be, is resident, within 5 days of receiving the written notice, to hand over the driving license. (7) Failure to present the offender within the period provided in par. (6), unjustifiably, attracts the increase by 30 days of the duration of suspension of the exercise of the right to drive, provided in par. ((1) lit. a) and b). Art. 91 ^ 3. -At the reasoned request of the holder of the driving license, the suspension periods shall be reduced by the head of the road police of the county or of the city of Bucharest within the radius of which the act or by the head of the road police The General Inspectorate of the Romanian Police, but not less than 30 days, under the conditions provided for in the regulation. Art. 91 ^ 4. -(1) It constitutes contraventions and is sanctioned with the fine provided in the 5th grade of sanctions the following acts committed by legal entities: 1. non-signalling or improper signalling of the public road or railway level crossings, according to the standards in force; failure to remove obstacles that prevent the visibility of vehicle drivers at level crossings with the railway; 2. failure to fulfill the obligations of installation of road signs, as well as special devices of this kind; 3. unsuitable signalling or signalling, according to the standards in force, of obstacles or works in the area of the public road; 4. failure to ensure the viability of the carriageway according to the standards in force, as well as failure to take measures to remove obstacles on the carriageway; 5. location in the public road area of devices that can be confused with the signs or installations that serve to signage road or construction or installations or the creation of other obstacles likely to limit them visibility or effectiveness; 6. establishment of traffic restrictions on public roads without authorization of the road manager and the opinion of the traffic police; 7. non-compliance with the deadlines and conditions established by the public road manager and the traffic police regarding the location and execution of works in the public road area; 8. non-compliance with the obligations by the executor or, as the case may be, the beneficiary that, after the completion of the works in the carriageway, mooring or sidewalk, to bring the public road back to 9. failure by the legal person to fulfill their obligations, according to the legal norms, in relation to their vehicles and drivers; 10. non-communication, within, at the request of the traffic police, of the identity of the person to whom he entrusted the vehicle for driving on public roads; 11. the lack of mandatory specific facilities for the admission and maintenance of vehicles; 12. failure to accompany the movement of vehicles carrying out transport of dangerous goods or products, as well as those with outdated masses or gauges; 13. non-compliance with the obligation to equip the personnel of execution of works in the area of the public road with fluorescent-reflective warning equipment; 14. the location of the stations of public transport means without the opinion of the traffic police; 15. non-compliance with obligations to perform the hours of road education in educational establishments; 16. practicing acts of trade on the sidewalk, on the mooring or on the carriageway, and outside the localities, in the public road safety zone; 17. unjustified refusal to register or register a vehicle or to issue the plates with the registration or registration number or to mention in the registration certificate the user identification data; 18. failure, by the owner or owner of the vehicle, of the obligation to require the competent authority to register in the registration or registration certificate of the user identification data; 19. failure to fulfill the obligations of the organizers of the competitions authorized to take all necessary measures for their safe conduct, as well as for the protection of other road users; 20. failure to comply with the obligation, by local public authorities, to carry out road facilities intended for the movement of pedestrians, cyclists, animal traction vehicles and traffic calming, as well as non-signalling or signalling improper of them; 21. entrustment of a vehicle intended for public transport of persons or goods to be driven on public roads by a driver of motor vehicle or tramway who has no professional attestation; 22. arrangement of the transport of dangerous goods and products or vehicles with mass and/or gauge exceeded without special authorization issued under the law or on routes other than those established by the competent authority; 23. failure to comply with the obligation to notify the traffic police from whose radius of competence leaves the transport of goods or dangerous products with regard to the established route and the locality of destination; 24. failure to fulfill the obligation by the local public administration authorities to set up side roads under the conditions of art. 65 65 para. ((2); 25. non-compliance with the obligation of the public road manager or the local public authority to execute or, as the case may be, to abolish the road facilities, within the deadline established together with the 26. the implementation of the plans for general, zoning or detail urbanism, without them being approved in advance by the public road manager and the traffic police; 27. violation of the legal provisions regarding the making of amendments and additions in the registration or registration certificate or in the vehicle identity card, as well as its periodic technical verification without the request the presentation by the owner of proof of the existence of civil liability insurance for damages caused to third parties by motor vehicle accidents; 28. failure to comply with the maintenance obligation of the public road in winter, according to the regulations in force. Art. 91 ^ 5. -(1) In the cases provided for in art. 90 90 para. ((3), art. 91 91 para. ((3), art. 91 ^ 1 para. ((3) and art. 91 ^ 6 the driver of the motor vehicle or tram must be required, according to the convocation, to verify the knowledge of the traffic rules. (2) In case of non-promotion of the knowledge test of the traffic rules, the suspension period is extended until the test is promoted. Art. 91 ^ 6. -Sanctions provided for in art. 90 90 para. ((3), art. 91 91 para. ((3), art. 91 ^ 1 para. ((3), art. 91 ^ 2 para. ((2) and art. 91 ^ 5 also applies to the certified driver, in the process of practical training of persons for obtaining the driving license or to the examiner during the practical test of the exam for obtaining the license driving. " 104. Article 92 will read as follows: "" Art. 92. -(1) The commission by the driver of the motor vehicle or tram of one or more contraventions attracts, in addition to the penalty of the fine, the application of a number of penalty points, as follows: a) 2 penalty points for committing the following facts: 1. incorrect use of road lights at the meeting with a motor vehicle travelling from the opposite direction; 2. the use of mobile phones while driving, except for those provided with "free hands" devices; 3. non-compliance with the obligation to wear, during traffic on public roads, the safety belt or the approved protective helmets, as the case may be; 4. exceeding by 10-20 km/h the maximum speed allowed on the road sector respectively for the category of which the driving vehicle belongs, found, according to the law, with approved and metrologically verified technical means; 5. movement on a road sector on which access is prohibited; 6. non-compliance with the rules on the return manoeuvre, going back, changing the lane or direction of travel; 7. non-compliance with the obligation to use the meeting lights and during the day, on highways, express roads and on European national roads (E); 8. irregular stationing; 9. refusal to present the identity document, the driving license, the registration or registration certificate, the other documents provided by law, at the request of the road policeman, as well as the refusal to allow the verification of the vehicle; b) 3 penalty points for committing the following facts: 1. unjustified stop or traffic on the emergency lane of highways or stop on the road side of express roads or European national roads (E); 2. exceeding by 21-30 km/h the maximum speed allowed on the road sector respectively for the category of which the driving vehicle belongs, found, according to the law, with approved and metrologically verified technical means; 3. non-compliance with the rules on the return manoeuvre, the reversing, the change of the traffic lane or the direction of travel, if this occurred an accident resulting in damage to a vehicle or other material damage; 4. failure to maintain a proper distance from the vehicle preceding it, if by this occurred an accident resulting in damage to a vehicle or other material damage; 5. non-compliance with the meaning of the indicator "bypass", installed on the refuge of tram stations; 6. entering an intersection when the movement within it is blocked; c) 4 penalty points for committing the following facts: 1. non-compliance with their obligations in the case of vehicles left in or damaged; 2. non-compliance with the "STOP" indicator; 3. exceeding by 31-40 km/h the maximum speed allowed on the road sector respectively for the category of which the driving vehicle belongs, found, according to the law, with approved and metrologically verified technical means; 4. circulation during the night or day, during fog, heavy snow or heavy rain, with a motor vehicle without lights or without corresponding signage; 5. driving a motor vehicle or towing a trailer when the replacement proof of the registration or registration certificate is issued without right of movement or its duration has expired; d) 6 penalty points for committing the following facts: 1. refusal to permit the immobilization of the vehicle or its technical verification; 2. non-compliance with the significance of regulatory signals of railway agents directing traffic at railway level crossings; 3. exceeding by 41-50 km/h the maximum speed allowed on the road sector respectively for the category of which the driving vehicle belongs, found, according to the law, with approved and metrologically verified technical means; 4. driving a registered or registered vehicle that does not have one of the plates with the registration or registration number; 5. movement or parking on the prohibited space that separates traffic meanings on the highway; 6. parking or parking of motor vehicles on the highway in places other than specially arranged and signposted; 7. the execution on the highway of the return or reversing manoeuvre, the movement or crossing from one direction of movement on the other through the prohibited areas, respectively by the median area or the connections between the two carriageways; 8. non-compliance with the significance of the indicators Crossing at the level with a simple railway, without barriers; Crossing at level with a double railway, without barriers or Stop, installed at the level crossing with a railway; 9. change of direction of direction by left turn, if by this the continuous longitudinal marking that separates the traffic meanings is violated; 10. entering an intersection directed by traffic lights, if this occurs the blocking of traffic inside the intersection. ((. The procedure for the registration of penalty points shall be established by regulation. " 105. Article 93 will read as follows: "" Art. 93. -(1) The finding of contraventions and the application of sanctions shall be made directly by the road policeman, and at the crossing points of the state border of Romania, by the border guards. (2) The finding of contraventions can also be done with the help of certified technical means or technical means approved and metrologically verified, recording this in the minutes of finding the contravention. (3) In the cases provided in par. (2), the minutes may also be concluded in the absence of the offender, after establishing the identity of the driver of the vehicle, mentioning it in the minutes, without the need to confirm the facts by the witnesses. (4) The form and content of the minutes of finding the contravention shall be established by regulation. ((5) The offender, with the exception of the legal person, may pay, within no more than 2 working days from the date of receipt of the minutes of finding the contravention, half of the minimum of the fine provided by law. (6) For contravention fines in the amount of up to 20 points-fine, the offender can pay on the spot the ascertaining agent half of the minimum fine provided by law. (7) In the case provided in par. (6), the ascertaining agent shall issue to the offender the receipt representing the amount of the fine, stating the date, the name and surname of the offender, the act committed, the normative act that establishes and sanctions the contravention, the name, the surname and signature of the finding agent, no longer necessary to conclude the minutes of finding the contravention if a complementary contravention sanction is not ordered. (8) Fines on traffic on public roads are made entirely to local budgets. Fines due to local budgets are paid at the House of Savings and Consemnations-C.E.C. -S.A. or at the cashiers of local public administration authorities or other public institutions empowered to manage the incomes of local budgets, regardless of the locality in whose radius they operate, their citizenship, domicile or the residence of the offender or the place of the commission of the contravention, as well as at the one-stop shop at the state border crossing points of Romania. A copy of the receipt shall be handed over by the offender to the ascertaining agent or sent by post to the organ from which it belongs, within the period provided by law. (9) The provisions of this emergency ordinance relating to contraventions shall be completed with those of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, if by this emergency ordinance it is not ordered otherwise. " 106. Articles 94, 96 and 97 shall be repealed. 107. Article 98 will read as follows: "" Art. 98. -(1) The driving licence or replacement proof thereof shall be retained in the following cases: a) to the cumulation of at least 15 penalty points; b) when its holder has committed one of the offences referred to in art. 77 77, art. 78 78 para. ((2), art. 79 79 para. ((1), (2), (4) and (5), art. 81 81 para. ((1), art. 82 82 para. ((1) and art. 84 84 para. ((3) and (5); c) to commit one of the contraventions provided in art. 90 90 para. ((3), art. 91 91 para. ((3), art. 91 ^ 1 para. ((3) and art. 102 102 para. ((1); d) where the holder has been declared unfit to drive motor vehicles or trams; e) when making changes, erasing or adding, it is damaged or unduly located on another person; f) when the period of validity has expired. (2) When retaining the driving license, in the cases provided in par. ((1), its holder shall be issued a replacement proof with or without right of movement. (3) In the situations provided in par. ((1) lit. b) and art. 91 ^ 1 para. ((3), replacement proof of driving licence shall be issued without right of movement. (4) The driver's license of the motor vehicle or tramway, involved in a traffic accident resulting in the killing or serious bodily injury of a person, shall be retained by the traffic police if the author of the accident has violated a traffic rule between those provided in art. 91 ^ 1 para. ((3), issuing replacement proof without right of movement. If the broken traffic rule is one of those provided in art. 90 90 para. ((3) and in art. 91 91 para. ((3), the replacement proof of the driving licence shall be issued with the right of movement for a period of 15 days. (5) In the situations provided in art. 77 77, art. 78 78 para. ((2), art. 82 82 para. ((1), art. 90 90 para. ((3) and art. 91 91 para. ((3), the replacement proof of the driving licence shall be issued with the right of movement for a period of 15 days. (6) For the cases provided in par. (4) sentence II and para. (5), the right of movement may be extended, from 30 to 30 days, throughout the period of criminal prosecution by the head of the traffic police within the radius of which the act was committed, on the proposal of the prosecutor who carries out the prosecution or who exercises supervision of criminal investigation or at the proposal of the court that resolves the criminal case or the complaint brought against the minutes of finding the contravention, until the final and irrevocable stay of the court decision. (7) The decision of the head of the traffic police on the extension of the right of movement can be appealed to the administrative court competent by any interested person. The prior procedure is not mandatory. " 108. Article 99 will read as follows: "" Art. 99. -(1) The registration or registration certificate or replacement proof thereof shall be retained by the traffic police in the following cases: a) the vehicle does not carry out the valid periodic technical inspection; b) the constructive technical rules on the transport of dangerous products are not observed; c) the vehicle shall run at night without headlamps or signalling lamps, lighting and light-signalling devices, fluorescent-reflective means provided for in the technical rules in force; d) the vehicle shall circulate with major failures in the lighting and signalling systems or with devices other than approved; e) the service braking system is defective; f) the aid or parking braking system is defective; g) the steering mechanism shows wear above the permitted limits; h) the tires have other dimensions or characteristics than those provided in the vehicle identity card, show cuts or breaks of the cord or are worn over the permitted legal limit; i) the noise on the fly or stationary exceeds the permitted legal limit for that type of vehicle; j) the engine emits pollutant noxes above the permitted legal limits; k) the elements of the coupling device for towing shall be used or are not compatible, being such as to cause the trailer to be detached or unbalanced; l) the motor vehicle or tram has afise on the windscreen, rear window or side windows or advertising advertisements, unapproved and/or unmarked films corresponding to or accessories that restrict or blur visibility during walking, both from indoor and outdoor; m) the vehicle has afitted on the front and/or rear part of it, documents or advertisements that reduce the effectiveness of lighting and light-signalling devices or the reading of the registration number; n) the vehicle shows significant fuel or lubricant leakage; o) plates with registration or registration numbers do not conform to the standard or have applied lighting devices other than those approved; p) the data from the registration or registration certificate do not match the technical characteristics of the vehicle; r) the vehicle was not removed from circulation in the cases provided for in this emergency ordinance; s) the vehicle is not insured by civil liability in case of damage caused to third parties by traffic accidents, according to the law; t) the holder of the vehicle has not changed the registration or registration certificate, in accordance with the legal provisions; u) the vehicle does not have one of the plates with the registration or registration number; v) the vehicle has no body elements or it is in an advanced state of degradation; x) the lack of mandatory facilities on motor vehicles for the learning of driving vehicles in the process of training persons in order to obtain the driving license, provided by the regulations in force. (2) In the situations provided in par. ((1) lit. b), c), e), g), k), o), p), r) and s), upon the retention of the registration or registration certificate, the road policeman shall issue the vehicle driver with a replacement proof without right of movement, and in the cases provided in par. ((1) lit. a), d), f), h), i), j), l), m), n), t), u), v) and x), a replacement proof with right of movement for 15 days. (3) In the situations provided in par. ((1) lit. b), o), p), r) and s), with the retention of the registration certificate the road policeman also withdraws the registration or registration numbers. (4) The registration or registration certificate and plates with registration or registration number, with the exception of those which do not meet the standards, shall be returned to the owner or user of the vehicle by the traffic police, at the presentation by him of proof of termination of the reason for which the document was retained, under the conditions laid down in the Regulation. " 109. In Article 100 (1), points d)-f) shall read as follows: " d) on the basis of the resolution or, as the case may be, of the prosecutor's order ordering the non-commencement of the prosecution, removal from prosecution or termination of prosecution; e) based on the final court decision ordering the acquittal of the defendant or the minutes of finding the contravention was annulled; f) upon termination of the cases for which the driving license was withdrawn under the conditions of art. 88 ^ 1 para. ((4), certified by a forensic act. " 110. In Article 100, paragraph 2 will read as follows: "(2) The driving licence shall be returned by the traffic police under the conditions laid down in the Regulation." 111. In Article 101, paragraph 1 shall read as follows: "" Art. 101. -(1) The cancellation of the driving licence shall be ordered in the following cases: a) the holder of the driving licence was convicted by a final court ruling for a crime that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the rules of circulation; b) the holder of the driving license was convicted by a final court decision for the crimes provided for in art. 77 77, art. 78 78 para. ((2), art. 79 79 para. ((1), (2), (4) and (5), art. 81 81 para. ((1) and (2), art. 82 82 para. ((1) and in art. 84 84 para. ((3); c) the driving license was obtained during the period during which the holder was in criminal prosecution for the commission of one of the offences provided for in art. 24 24 para. ((6); d) the holder of the driving license was applied, by a final court decision, the complementary punishment of the prohibition of the exercise of the profession or occupation of driver of vehicles, provided in art. 64 lit. c) of the Criminal Code; e) the driving license was obtained in violation of the legal norms, a situation found by the competent court. " 112. Article 102 will read as follows: "" Art. 102. -(1) The suspension of the exercise of the right to drive or cancellation of the driving license shall be ordered by the traffic police of the General Inspectorate of the Romanian Police and if against its holder has decided such a measure by a competent foreign authority for an act committed in the territory of another State, under the conditions laid down by the European Convention on the International Effects of the prohibition of the right to drive a vehicle with motor, adopted in Brussels on 3 June 1976, ratified by Romania by Law no. 126/1997 . (2) The decision on the suspension of the exercise of the right to drive a vehicle or the cancellation of the driving licence shall be communicated to the holder by the traffic police who ordered the measure. " 113. Article 103 will read as follows: "" Art. 103. -(1) The person whose driving licence has been cancelled as a result of the final stay of a court of conviction for one of the facts provided for in art. 101 101 para. ((1) and in art. 102 102 para. ((1) may be present at the exam for obtaining a new driving licence, for all categories previously held, if: a) 6 months have passed since the date of execution of the sentence of the criminal fine or of the sentence in the regime of deprivation of liberty or at work; b) it has been one year since the date of pardon of the sentence or the final stay of the court decision ordering the conditional suspension of the execution of the sentence or the suspension of the execution of the sentence under supervision; c) amnesty intervened; d) prohibition of the right to exercise the profession or occupation of driver of motor vehicles, provided in art. 64 lit. c) of the Criminal Code, has expired or been revoked. (2) The person to whom the driving license was cancelled, before the entry into force of this emergency ordinance, as a result of the commission, within a period of 6 months after the return of the driving license, of a fact that attracted the suspension the exercise of the right to drive, may be present in the examination in order to obtain a new driving licence, without the need to pass any time limit from the date of application of the administrative measure. (3) For the examination in order to obtain a new driving license, the person in one of the situations referred to in par. ((1) and (2) must provide proof that: a) is medically and psychologically fit; b) has not been convicted by final court decision for one of the crimes provided for in art. 24 24 para. ((6), except in cases where one of the situations referred to in par. ((1). ' 114. Article 104 will read as follows: "" Art. 104. -(1) The mobilization of a vehicle shall be ordered by the road policeman in the case of the commission's commission of one of the following facts: a) the management of an unregistered or unregistered vehicle or with registration or false registration number or without having mounted the plates with the registration or registration number; b) driving a vehicle whose technical condition seriously endangers traffic safety, damages the public road or affects the environment; c) driving a vehicle in violation of the rules relating to the transport of dangerous goods or with outdated gauges and/or masses; d) driving a vehicle about which there are data or indications that it is the subject of a criminal act; e) refuse to legitimize themselves; f) is under the influence of alcoholic beverages, products or narcotic substances or drugs with effects similar to them, and the driving of the vehicle cannot be ensured by another person; g) does not comply with the driving and rest times provided by law. ((2) The mobilization of a vehicle shall also be ordered if its driver or one of the passengers commits a criminal act or is wanted for the commission of a crime. (3) For forced shutdown or immobilization in the cases provided in par. ((1) and (2), the traffic police may use approved special devices. (4) The procedure for the immobilization of vehicles in the cases provided in par. ((1) and (2) shall be established by regulation. " 115. Article 105 will read as follows: "" Art. 105. -(1) Against the minutes of finding the contraventions can be filed a complaint, within 15 days from the communication, to the traffic police service in whose jurisdiction the deed was found. (2) The complaint suspends the execution of fines and complementary contravention sanctions from the date of its registration until the date of final stay of the court decision. (3) When the replacement proof of the driving license was issued without right of movement, at the time of filing the complaint against the minutes of finding the contravention, the head of the traffic police within which the act was committed shall state on the evidence that the licence holder has a right of movement for a period of 30 days. (4) The extension of the right of movement shall be made by the head of the traffic police of the county or of the city of Bucharest or his replacement or by the head of the traffic police of the General Inspectorate of the Romanian Police to him, on whose jurisdiction the contravention was committed, from 30 to 30 days, on the basis of a certificate issued by the court confirming that the case is pending, until the final stay of the judgment Court. ((5) The complaint together with the case file shall be sent to the court within which the act was committed. " 116. After Article 105, two new articles are inserted, Articles 105 ^ 1 and 105 ^ 2, with the following contents: "" Art. 105 105 ^ 1. -If the act of a driver of motor vehicle or tram had as a result the occurrence of a traffic accident, the court vested with the resolution of the case shall cite the police unit of which the finding agent belongs, parties involved in the event and the insurance company. Art. 105 ^ 2. -(1) The minutes not attacked within 15 days from the date of its communication or, as the case may be, of the final stay of the court decision rejecting the complaint shall constitute enforceable title, without any other formality. (2) The minutes of foreign citizens or Romanian citizens residing abroad, become enforceable, shall be communicated by the traffic police within which the act occurred, for execution, to the traffic police of the General Inspectorate of the Romanian Police. (3) The traffic police of the General Inspectorate of the Romanian Police communicate in writing to the General Inspectorate of the Border Police, no later than 6 months after the receipt of the enforceable title, the name and surname of the offender, the number the passport and the minutes of finding the contravention, as well as the amount due, in order to be taken into account and to be conditional on the entry into the territory of Romania of the offender. " 117. Article 106 will read as follows: "" Art. 106. -(1) If the court vested with the resolution of the case dismissed the offender's complaint against the minutes of finding the contravention, the contravention sanction, including the complementary one, produces its effects after the date. the final stay of the judgment and the expiry of the validity of the replacement proof of the driving licence. (2) The execution of the complementary contravention sanction is prescribed in the same term as the main contravention sanction is prescribed. " 118. Article 107 will read as follows: "" Art. 107. -The Ministry of Transport, Construction and Tourism has the following tasks: a) take measures for the permanent maintenance in good technical condition of the roads it manages; b) take measures for the installation, application and maintenance of road signs, as well as equipment intended for traffic safety on the roads in its administration, in compliance with the standards in force; c) authorizes the performance of works in the areas of safety and protection of roads in its administration, verifies the execution and observance of established deadlines; d) establish the technical conditions and the methodology for approval and certification of equipment, spare parts and operating materials for vehicles; e) authorize the establishment and operation of periodic technical inspection stations, supervise and control their activity and attest to the personnel carrying out the periodic technical inspection; f) establishes methodological norms and organizes the training, examination and professional attestation of instructors and teachers of legislation in the field of preparing candidates for obtaining a driving license, under the law; g) establishes the technical and methodological conditions of approval for the movement on public roads of vehicles, of periodic technical inspection, of certification of authenticity, of identification, as well as of technical verification in traffic of vehicles; h) authorizes the establishment and operation of schools to prepare drivers of motor vehicles and trams i) establish mandatory rules on the organization and conduct of road transport and control their compliance; j) develop specific regulations in the field of road transport; k) counterpart vehicles for circulation; l) certify and/or approve equipment, spare parts and operating materials for vehicles manufactured in the country or imported; m) authorizes economic agents carrying out repair, adjustment activities, constructive changes, vehicle reconstruction, as well as their dismantling; n) ensure the certification of authenticity or identification of road vehicles, in order to register them; o) ensure the issuance of the identity card of road vehicles; p) establishes the methodological norms and organizes the training and examination of drivers, in order to obtain certificates of professional attestation. " 119. Article 108 will read as follows: "" Art. 108. -The Ministry of National Defence has the following a) directs, supervises and controls the traffic on public roads of vehicles belonging to this ministry and controls the observance by the drivers of vehicles in subordination of traffic rules; b) cooperate with the traffic police to carry out the accompanying actions of the official military columns, as well as the vehicles of the own park; c) record the vehicles of their own park and keep track of them d) prepares the subordinate staff for the management of the ministry's vehicles and authorizes the teaching staff in the training schools of the drivers in their own system, in order to obtain the driving license e) organize and execute the periodic technical inspection of vehicles from the units under its command; f) elaborates, together with the Ministry of Administration and Interior, rules on the conditions under which special fighting vehicles in its own park can circulate on the public road; g) elaborates, together with the Ministry of Administration and Interior, rules on the control of motor vehicles belonging to the Ministry of National Defence and accompanying military columns. " 120. In Article 109, letters b) and c) shall read as follows: " b) ensure, in specialized educational establishments, the training of learners in order to obtain the driving licence; c) guide, coordinate and control, through school inspectorates, the activity of road education in educational establishments, including training and improvement of teachers designated to perform such activities; ". 121. Article 110 will read as follows: "" Art. 110. -The Ministry of Health has the following a) develop rules on medical examination of candidates for the examination of driving licences and drivers; b) establish the measures to be taken by health facilities, in order to prevent traffic accidents caused by medical causes; c) develop rules on medical and psychological examination, collection and analysis of biological samples in order to establish blood alcohol, consumption of drugs or narcotic substances or drugs with similar effects likely to influence behaviour of drivers of vehicles; d) establish the distinctive sign that applies to the packaging of medicinal products contraindicated to e) establish and certify the content of the first aid medical kits. " 122. Article 111 will read as follows: "" Art. 111. -The Insurance Supervisory Commission together with the traffic police draw up road prevention programs and guide, coordinate and control their application. The funds necessary to carry out these programs shall be provided by the Insurance Supervisory Commission together with the authorized insurance companies. " 123. Article 113 will read as follows: "" Art. 113. -(1) Local public administration authorities shall have the following tasks: a) take measures for the permanent maintenance in good technical condition of the roads they manage, as well as for their proper lighting, according to the law; b) take measures for the installation, application and maintenance of road signs and equipment intended for traffic safety, according to the standards in force, keeping records of them; c) prepare and update the plans for the organization of traffic for urban localities and take measures to carry out the necessary works in order to ensure the fluency and safety of traffic, as well as to reduce the emission levels pollutants, with the opinion of the traffic police d) establish regulations regarding the access and traffic regime, parking and parking for different categories of vehicles, with the opinion of the traffic police; e) take measures for the arrangement of sidewalks and side roads for the movement of pedestrians, animal traction vehicles, tractors, bike paths, as well as lanes intended exclusively for public transport of persons on roads which they manage, with the opinion of the traffic police; f) records and keep records of vehicles not subject to registration; g) take measures to erect and store, in specially arranged spaces, motor vehicles, trailers, bodies or their sub-assemblies, which have become technically unfit to travel on public roads, abandoned or parasite on the public domain; h) take measures to ensure the space and storage of vehicles with animal traction, detected circulating on public roads that access is prohibited; i) supports the activities organized by the Ministry of Education and Research and the Ministry of Administration and Interior for the students ' road education. (2) The projects of systematization of localities, regulating traffic, as well as public roads inside and outside them, elaborated by the local public authorities, will be endorsed by the head of the road police of the county, the city of Bucharest or, as the case may be, of the traffic police of the General Inspectorate of 124. Article 114 will read as follows: "" Art. 114. -(1) The Ministry of Administration and Interior and local public administration authorities are taking measures to popularize traffic rules among all people using public roads and for this purpose will provide for plans annual funds required. (2) At least one hour of road education per week shall be carried out in the pre-school, primary and secondary school educational establishments during the school year. (3) The media can support the actions of the Ministry of Administration and Interior and local public administration authorities in connection with the popularization of traffic rules on public roads. (4) The traffic police of the General Inspectorate of the Romanian Police will be involved in the implementation of the road safety programs, established by the United Nations Economic Commission for Europe. " 125. After Article 114, a new article is inserted, Article 114 ^ 1, with the following contents: "" Art. 114 114 ^ 1. -The hours of road education in pre-school, primary and secondary education institutions are carried out according to the curriculum approved by joint order of the Minister of Education and Research and the Minister of Administration and Interior, which is published in Official Gazette of Romania, Part I. " 126. Article 115 is repealed. 127. Article 116 will read as follows: "" Art. 116. -In carrying out road accident prevention activities, the traffic police can request the support of professional associations and drivers of motor vehicles, who consent to voluntarily participate in them, according to the law. " 128. After Article 116, a new article is inserted, Article 116 ^ 1, with the following contents: "" Art. 116 116 ^ 1. -Annually, funds are established from the budget of the Ministry of Administration and Interior, intended for road education campaigns and activities. " 129. Article 117 will read as follows: "" Art. 117. -(1) The models of the signs, markings and light signals, as well as the signals of the road police are set out in the annex which is an integral part of this emergency ordinance. (2) The Annex provided in par. (1) may be amended and supplemented by Government decision, on the basis of amendments and additions to international conventions and agreements in the field, to which Romania is a party. " 130. In Article 118, paragraph 1 shall read as follows: "" Art. 118. -(1) This emergency ordinance shall apply from 1 February 2003. On the same date is repealed Decree no. 328/1966 on traffic on public roads, as amended, republished in the Official Bulletin, Part I, no. 49 49 of 28 June 1984, as well as any other provisions contrary to this emergency ordinance. ' 131. After Article 118, three new articles are inserted, Articles 119-121, with the following contents: "" Art. 119. -Within 90 days from the publication in the Official Gazette of Romania, Part I, of the law approving this emergency ordinance, at the proposal of the Ministry of Administration and Interior, the Government will issue the decision amending and supplementing Government Decision no. 85/2003 for the approval of the Implementing Regulation Government Emergency Ordinance no. 195/2002 on traffic on public roads, called regulation in the present emergency ordinance, which will be published in the Official Gazette of Romania, Part I. Article 120. -Within 90 days from the publication in the Official Gazette of Romania, Part I, of the law approving this emergency ordinance, the ministries with attributions in the field of traffic on public roads will elaborate, approve and publish in The Official Gazette of Romania, Part I, the norms for the application of the provisions of this emergency ordinance, as follows: a) Ministry of Administration and Interior, for the provisions of art. 16 16 para. ((4), art. 23 23 para. ((10), art. 24 24 para. ((2) and art. 75 75 para. ((4); b) Ministry of Transport, Construction and Tourism, for the provisions of art. 40 40 para. ((4); c) Ministry of Transport, Construction and Tourism and Ministry of Administration and Interior, for the provisions of art. 9 9 para. ((2) and art. 14 14 para. ((2); d) Ministry of Health, for the provisions of 22 22 para. ((2), art. 79 79 para. ((3), art. 80 80 para. ((1) and of art. 110 110 para. ((1) lit. a); e) Ministry of Health and Ministry of Transport, Construction and Tourism, for the provisions of art. 22 22 para. ((4) and art. 22 22 para. ((6); f) Ministry of Transport, Construction and Tourism, Ministry of Education and Research and Ministry of Administration and Interior, for the provisions of art. 23 23 para. ((5) and (8); g) Ministry of National Defence and Ministry of Administration and Interior, for the provisions of art. 108 lit. f) and g); h) Ministry of Education and Research and Ministry of Administration and Interior, for the provisions of art. 114 114 ^ 1. Article 121. -The Annex forms an integral part of this Emergency Ordinance. " + Article II This law shall enter into force within 6 months from the publication in the Official Gazette of Romania, Part I. + Article III Government Emergency Ordinance no. 195/2002 , with the amendments and completions 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 Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, March 8, 2006. No. 49. _______