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Law No. 102 Of 25 April 2006 Approving Government Emergency Ordinance Nr. 109/2005 Relating To Road Transport

Original Language Title:  LEGE nr. 102 din 25 aprilie 2006 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 109/2005 privind transporturile rutiere

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LEGE no. 102 102 of 25 April 2006 for approval Government Emergency Ordinance no. 109/2005 on road transport
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 398 398 of 9 May 2006



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 109 109 of 14 July 2005 on road transport, published in the Official Gazette of Romania, Part I, no. 655 of 22 July 2005, with the following amendments and additions: 1. In Article 1, paragraph 1 shall read as follows: "" Art. 1. -(1) The provisions of this emergency ordinance constitute the general framework for the organization, conduct and insurance of road transport of goods and persons, as well as their related activities on the territory of Romania, in conditions of safety and quality, in compliance with the principles of free competition, guaranteeing free and non-discriminatory access to the road transport market and environmental protection measures, rights and legitimate interests of the natural and legal persons and to meet the needs national economy and defence needs of the country. " 2. In Article 2, the introductory part and letters c)-h) shall read as follows: "" Art. 2. -The provisions of this emergency ordinance on access to transport activity do not apply to road transport carried out with: ...................................................................... c) road vehicles belonging to the institutions of the national defence system; d) road vehicles used for postal transport which are carried out in a public service; e) road vehicles carrying medicines, products and medical equipment necessary for interventions in case of catastrophes and calamities; f) special road vehicles for emergency medical services; g) specially designed road vehicles which make them unfit for the transport of goods; h) road vehicles carrying damaged or defective vehicles; '. 3. After Article 2, a new article is inserted, Article 2 ^ 1, with the following contents: "" Art. 2 2 ^ 1. -Local public transport is regulated by special laws. " 4. Paragraph 1 of Article 3 shall read as follows: "" Art. 3. -(1) For the purposes of this emergency ordinance, the following terms and expressions shall have the following meanings: 1 1. related activity of road transport-complementary activity carried out in connection with road transport; 2. road transport activity-the amount of transport operations that ensure, directly, the movement of goods or persons, with the help of vehicles or the combination of vehicles, over distances and in predetermined conditions; 3. car-motor vehicle with at least 4 wheels and a maximum constructive speed of more than 25 km/h, designed and built for the transport of persons, which has no more than 9 seats, including the driver's seat; 4. bus-motor vehicle with at least 4 wheels and a maximum constructive speed of more than 25 km/h, designed and built for the transport of persons on seats and standing, and having more than 9 seats, including the driver's seat; 5. urban bus-bus to which most places are standing; 6. coach-bus with more than 22 seats, intended and equipped only for the transport of people seated on seats, having special spaces for the transport of luggage over long distances, arranged and equipped to ensure comfort persons transported, having the prohibition to carry persons standing; 7. international transport authorization-document that entitles a road transport operator to carry out under certain conditions one or more transit or destination transport on the territory of a state, during its period of validity; 8. bus station-specially delimited space, arranged and equipped to allow the parking of buses to persons, for the climb or descent of persons, as well as for a provide conditions and services for buses and for persons in waiting; 9. route head-starting point or destination point, related to a route, used for the climb/descent of persons transported through regular public road transport services; 10. cabotage-road transport operation carried out by a foreign road transport operator between at least two loading/unloading points located on the territory of Romania; unloading of a road vehicle between two Consecutive international transport operations shall not be considered cabotage; 11. certificate of professional competence-document certifying the professional training of a person in the field of road transport; 12. certificate of transport in its own account-document certifying that the company meets the condition of professional competence, which has access to road transport activity on its own; 13. lease of road vehicles-contract concluded in authentic form, whereby a lessor, natural or legal person, conveys, for a fee, the right of use for the fixed period of one or more vehicles, without driver, to another natural or legal person, called a lessee; 14. the compliant copy of the transport certificate on its own account-the document issued by the competent authority for each of the vehicles or road vehicle assemblies held under the conditions of this emergency ordinance and used of the undertaking, other than those referred to in art. 2, with which road transport operations are carried out on their own, only in compliance with national and international regulations in the field of road transport; 15. the compliant copy of the transport licence-the document issued by the competent authority for each of the vehicles or road vehicle assemblies held under the conditions of this emergency ordinance and used by the operator road transport to road transport operations, other than those referred to in art. 2, only in compliance with national and international regulations in the field of road transport; 16. race-route taken by a bus which, after reaching the point of destination, returns to the starting point, within the same passenger transport operation; 17. transport document-document which is on board the road vehicle for the duration of the transport, having data on the undertaking carrying out the transport, the consignor, the beneficiary of the transport, the goods or persons transported, as appropriate, and who must make it possible to establish the category and type of road transport carried out; 18. circulation chart-document containing the public stations on a route, the distances between them, the departure times, respectively the arrival, and the days during which the transports are carried out; 19. group of pre-constituted persons-group for which an authorized organization or person who is responsible for the conclusion of the contract and the collective payment of the services received the reservations and made the payments before departure. Throughout the transport the composition of the group must remain the same; 20. periodic technical inspection-periodic control operation of vehicles in operation, which mainly concerns their systems and components that contribute to the safety of movement, environmental protection and classification in the category of use; 21. intermediation in road transport-the activity of a company with patrimonial purpose that consists in taking over from beneficiaries road transport orders in national and/or international traffic, which will be executed by intermediate, on its behalf, by means of one or more transmission operators; 22. enterprise-economic agent, natural person, family association or legal person, with/without patrimonial purpose, any association or group of persons without legal personality, with/without patrimonial purpose, or any official body that has legal personality or which depends on an authority having this personality; 23. license for activities related to road transport-document that entitles an enterprise to carry out activities related to road transport; 24. transport license-document certifying that the company meets the conditions of honorability, financial capacity and professional competence, which has access to public road transport; 25. route license-document that entitles the road transport operator to carry out public road transport of persons through regular services or special regular services in national traffic on a certain route, according to the transport; 26. the maximum permissible total mass-the maximum total mass of a road vehicle, as declared by its manufacturer; 27. minibus-bus that has a transport capacity of no more than 22 persons on seats, outside the place of the driver; 28. approval-the administrative procedure by which the competent authority certifies, according to the legislation in force, that a type of vehicle, system or component or an independent technical entity satisfies the technical requirements of the regulations in force; 29. road transport operator-any company that holds a unique registration certificate, having as its object of activity the road transport activity, holder of a transport license and carrying out public road transport with road vehicles held with any title, except for convenience, hereinafter referred to as owned vehicles; 30. Romanian road transport operator-road transport operator based or domiciled in Romania; 31. foreign road transport operator-road transport operator with its domicile abroad, authorized to carry out international road transport; 32. operator for activities related to road transport-any undertaking carrying out activities related to road transport and having obtained in advance the licence for activities related to road transport; 33. the designated person-the individual, the manager of the road transport activity, who fulfils for the enterprise the conditions of honorability and professional competence, which is employed on the basis of employment contract to drive, permanently and the company's transport activity; 34. inter-county and international transport program-program drawn up and approved by the competent authority, establishing the routes for public road transport of persons through regular services, traffic charts, heads of route, public stations, number, type and capacity of the necessary vehicles; 35. county-program transport program proposed and approved by the county councils and the General Council of Bucharest, establishing the routes for public road transport of persons through regular services, movement, route heads, public stations, number, type and capacity of the necessary vehicles; 36. regular service of passenger transport-public transport service of persons providing transport of persons, according to traffic schedules, on specified routes, in which the climb/descent of persons transported in/from the motor vehicle it is done in pre-established stopping points; the regular service of passenger transport involves the obligation to comply with traffic schedules, which is accessible to any person, and can be conditioned at most by a prior reservation; 37. regular special service of passenger transport-public passenger transport service carried out at the request of a beneficiary, through which only the transport of certain categories determined by persons is ensured, to the extent that this service is carry out the conditions laid down in 36. The special regular service of passenger transport includes: a) transport of workers between home and work; b) transport of students and students to and from educational institutions; c) transport of military and their families between home and military unit; 38. public station-point on the route of a regular service of passenger transport, properly arranged, signposted by a road indicator and to have an additional panel on which the schedule is attached according to which they stop motor vehicles for the loading and lowering of persons transported; 39. occasional passenger transport service-public passenger transport activity, carried out on a single contract basis for each race, which cannot be defined as regular service or as a special regular service, by which it transports groups of pre-constituted persons, at the initiative of a person, on the occasion of events, special events, circular trips of a leisure nature, tourism and the like; 40. route-run that ensures the connection between several localities and/or objectives, between two heads, on which public road transport of people is carried out through regular services and special regular services. Depending on the location of the heads and the itinerary between them, the routes can be local, county, intercounty and international; the routes between Bucharest and other localities are intercounty routes; 41. road transport-operation by which the movement of persons or goods with a motor vehicle or with an assembly of road vehicles is carried out, on a road open to public traffic, even if those vehicles are, on a certain portion of the route, transported in turn on or by other vehicles or if the vehicles move without charge. The loading/unloading and drawing up/distribution of documents accompanying the transport, carried out or supervised by the driver or vehicle assembly, are operations included in the transport activity; 42. agabaritic road transport-road transport with masses and/or with outdated dimensions; 43. road transport in national traffic-road transport that is carried out between two localities located on the territory of Romania, without exceeding the territory of the state; 44. road transport in international traffic-road transport that is carried out between the locality of departure and the locality of destination, located on the territory of two different states, with or without transit of one or more states; 45. road transport in the area of small border traffic-road transport involving the movement of a road vehicle from the territory of a state on the territory of the neighbouring state, for a distance of no more than 30 km from the border, if the agreements bilateral agreements between those States do not provide otherwise; 46. local road transport-road transport carried out inside the administrative-territorial area of a locality, without exceeding its limits; 47. county road transport-road transport that is carried out between two localities located on the territory of the same county; 48. inter-county road transport-road transport that is carried out between the locality of departure and the locality of destination, located on the territory of two different counties, with or without transit of one or more counties; for the purposes of this emergency ordinances, road transport between Bucharest and other counties is considered inter-county road transport; 49. road haulier-any undertaking which, in its activity, for public transport or transport on its own account of persons or goods, uses vehicles or assemblies of road vehicles owned, under the conditions of this emergency orders; 50. road vehicle-mechanical system intended for traffic on public roads, with or without means of self-propelled, and which is normally used for the transport of persons and/or goods or for the performance of services or works. For the purposes of this emergency ordinance, vehicles, trailers, semi-trailers and tractors, defined as such: a) motor vehicle-any road vehicle travelling by its own propulsion, with the exception of vehicles travelling on rails and two or three-wheel motor vehicles; b) trailer-road vehicle without engine, designed and built to be towed by a motor vehicle; c) semi-trailer-hauled road vehicle, designed to be coupled to a tractor or towing axle, so that a significant vertical force is exerted on the tractor or towing axis; d) tractor-road vehicle which, by design and construction, is intended solely or principally for the towing of trailers/semi-trailers or machinery; 51. historical vehicles-vehicles for which the period since the end of the manufacture of the respective types, which have used the same type of body and the same engine type, shall be at least 30 years, original, restored or rebuilt, for which the holders have obtained a historical vehicle attestation issued by bodies approved by the competent authority. '; 5. In Article 4 (A), letter b) shall read as follows: "" b) classification from the point of view of the commercial character of the activity: 1. public road transport; 2. road transport on its own; ". 6. In Article 4, point B, paragraph 1 of the letter a) shall read as follows: " 1. road transport of general goods, including goods; '. 7. In Article 5, paragraph 1 shall read as follows: "" Art. 5. -(1) The Ministry of Transport, Construction and Tourism, as the specialized body of the central public administration, state and regulatory authority in the field of road transport, represents, within the meaning of this ordinance the emergency, the competent authority. " 8. In Article 5, letter f) of paragraph 3 shall read as follows: " f) authorise public road transport activities and on their own, in national and/or international traffic, and issue licences, certificates of transport on their own account and international transport permits, by means of the authorities provided for by the legislation in force, in accordance with the specific procedures laid down for road transport operators, undertakings and operators of road transport activities, as well as attestations for specialist staff in the field of road transport, as the provisions in force, agreements and conventions to which Romania is a party; ". 9. After Article 8, two new articles are inserted, Articles 8 ^ 1 and 8 ^ 2, with the following contents: "" Art. 8 8 ^ 1. -The county councils, the General Council of Bucharest and the local councils have the following attributions regarding public road transport, which is carried out in the area of competence: a) the establishment and application of territorial policies for sustainable development of road transport, in connection with similar policies in the surrounding areas and in accordance with national policy in the field; b) the approval of public road transport programs of persons in county traffic, after their harmonization by the competent authority with the inter-county, rail, naval or air road transport programs, as the case may be. Art. 8 ^ 2. -When carrying out the draft public road transport program of people in county traffic will be consulted and the existing associations at the county level. " 10. Article 9 shall read as follows: "" Art. 9. -(1) Road transport is carried out only under the conditions of compliance with the provisions of this emergency ordinance, the regulations in force in the field of road transport, as well as the international agreements and conventions to which Romania is part. (2) The carriage of dangerous goods by road shall be carried out only in compliance with the provisions of the European Agreement on the International Carriage of Dangerous Goods by Road (A.D.R.), concluded in Geneva on 30 September 1957, Romania joined the Law no. 31/1994 , as amended, and the specific regulations in force. (3) The road transport of hazardous waste shall be carried out only in compliance with the specific regulations in force. (4) Road transport of goods or persons may be carried out only in compliance with the provisions of Government Ordinance no. 17/2002 on the establishment of driving periods and the rest periods of drivers of vehicles carrying out road transport and the organisation of working time of mobile workers in the carriage of goods and persons by road, approved by changes and additions by Law no. 466/2003 , as amended and supplemented, and of the European Agreement on the work of the crews of vehicles carrying out international road transport (A.E.T.R.), including the Annexes thereto, concluded in Geneva on 1 July 1970, which Romania joined by Law no. 101/1994 .. " 11. Article 11 shall read as follows: "" Art. 11. -Public road transport is the road transport carried out on the basis of a contract, against payment, by collecting a tariff or equivalent in kind or in services, with vehicles owned and used under the conditions of this emergency ordinance. " 12. In Article 12, the introductory part and letters a) and f) shall read as follows: "" Art. 12. -Road transport on its own account shall be carried out without the collection of a tariff or equivalent in kind or in its services and shall be carried out in the following cumulative conditions: a) is a secondary or additional activity to the other authorized main activities of the enterprise; ..................................................................... f) vehicles used for such consignments shall be driven by employed drivers of the undertaking, by the natural person or by a member of the family association, as the case may be. ' 13. Article 13 shall read as follows: "" Art. 13. -Romanian road transport operators can carry out public road transport in national and/or international traffic only with road vehicles owned and used under the conditions of this emergency ordinance, registered in Romania, led by persons with Romanian citizenship or foreign citizens with the right to work in Romania. " 14. Article 14 shall read as follows: "" Art. 14. -In order to be able to carry out road transport on the territory of Romania, foreign citizens who have obtained the right to work in Romania must hold a certificate of professional competence issued by the competent authority under the conditions established by it. " 15. In Article 17, paragraph 1 shall read as follows: "" Art. 17. -(1) In order to carry out public road transport, road transport operators must be registered in the Register of road transport operators, kept by the competent authority. " 16. Article 18 shall read as follows: "" Art. 18. -(1) For the acquisition of the quality of road transport operator, an undertaking must obtain the transport licence, which shall be granted following the cumulative fulfilment of the conditions of honorability, financial capacity and professional competence. (2) The condition of honorability, for the purposes of this emergency ordinance, shall be deemed to be fulfilled only if the person appointed to lead the road transport activity permanently and effectively: a) has not been convicted of offences of a commercial nature; b) has not been declared unfit to permanently and effectively drive the road transport activity, according to the legal provisions in force; c) has not been convicted of crimes regarding: -payment and employment conditions; -road transport of goods or persons and, in particular, the provisions on driving and rest periods of drivers, weights and dimensions of road vehicles, road safety and road vehicle safety, protection environment. (3) The condition of financial capacity consists in the arrangement of sufficient resources to ensure the smooth start of the business of the undertaking and its proper management. The condition of financial capacity shall be deemed to be fulfilled only if the road transport operator has a financial level of at least EUR 9,000 for the first road vehicle and EUR 5,000 for each of the other vehicles road owned and used under the conditions of this emergency ordinance. The assessment of the financial capacity of an undertaking shall be determined by the competent authority. ((4) The professional competence condition shall be deemed to have been fulfilled if the person appointed to drive permanently and effectively the road transport activity is a holder of a certificate of professional competence issued by the competent authority under the conditions laid down therein. (5) The certificate of professional competence attests to the possession of the required level of knowledge established by the competent authority and is granted following a compulsory written examination, which may be completed with an oral examination in the form established by competent authority. ' 17. Article 19 shall read as follows: "" Art. 19. -(1) The transport licence shall be issued to the road transport operator by the competent authority, shall have a validity of 5 years and shall be kept at its premises. ((2) For road vehicles owned by the road transport operator, under the conditions of this emergency ordinance, and used for public road transport operations, the competent authority shall, upon request, issue compliant copies of the licence of transport. The maximum number of compliant copies of the transport licence shall correspond to the number of vehicles for which the condition of financial capacity of the road transport operator is fulfilled. ((. The compliant copies of the transport licence shall be issued by the competent authority for successive periods of one year until the validity of the transport licence has expired. " 18. Article 20 shall read as follows: "" Art. 20. -(1) Making public road transport with motor vehicles held under the conditions of this emergency ordinance, other than those provided for in art. 2, shall be permitted only on the basis of the valid copy of the valid transport licence issued by the competent authority. (2) The compliant copy of the transport licence shall be suspended by the competent authority in the event of serious or repeated deviations from the regulations in force on road transport and/or environmental protection. " 19. Article 21 shall read as follows: "" Art. 21. -The transport licence shall be withdrawn by the competent authority if the road transport operator no longer fulfils the conditions which were the basis for granting it or where the carrier has provided documents. containing erroneous information on the occasion of its request. " 20. Article 22 shall read as follows: "" Art. 22. -The undertaking which has acquired the quality of road transport operator may carry out road transport on its own account on the basis of the transport licence and its compliant copies existing on board those vehicles. ' 21. In Article 23, paragraph 1 shall read as follows: "" Art. 23. -(1) In order to carry out road transport on its own account, undertakings must be registered in the Register of undertakings, held by the competent authority. " 22. Article 24 shall read as follows: "" Art. 24. -In order to carry out road transport on its own, an undertaking must obtain a transport certificate on its own account, which shall be granted following the fulfilment of the condition of professional competence. " 23. Article 25 shall read as follows: "" Art. 25. -(1) The certificate of transport on its own account shall be issued to the undertaking by the competent authority, shall have a validity of 5 years and shall be kept at its premises. (2) For each of the road vehicles owned by the enterprise and used for road transport operations on their own account, except those provided for in art. 2 2, the competent authority shall issue, on request, compliant copies of the transport certificate in its own account with a validity of one year. '; 24. Article 26 shall read as follows: "" Art. 26. -The carrying out of road transport on its own with an owned vehicle shall only be permitted on the basis of the valid compliant copy of the transport certificate on its own account. ' 25. Article 27 shall read as follows: "" Art. 27. -(1) The certificate of transport on its own account shall be withdrawn by the competent authority if the undertaking no longer meets the conditions which were the basis for granting it or where the undertaking has provided documents containing erroneous information at the request of the latter. (2) The compliant copy of the transport certificate on its own account shall be suspended by the competent authority in case of serious or repeated deviations from the regulations in force on road transport and/or environmental protection. ((. An undertaking which holds only transport certificates on its own account shall not be able to carry out public road transport. " 26. Article 28 shall read as follows: "" Art. 28. -(1) The public road transport of goods shall be carried out by road transport operators only with road vehicles on board, for the duration of transport, a compliant copy of the transport licence, the transport document, such as and other documents specific to the type of transport carried out, established by the regulations in force ((2) The carriage of goods by road on its own account may be carried out by undertakings only with road vehicles on board, for the duration of the transport, a certified copy of the transport certificate on its own account, the document of the that the transport carried out is on its own, as well as the documents specific to the type of transport carried out, established by the regulations in force. " 27. Article 29 shall read as follows: "" Art. 29. -In order to carry out public road transport of goods in international traffic, in addition to the documents provided in art. 28 28 para. (1), on board the road vehicle, the certificate on the classification of the road vehicle in the rules of pollution and road safety must also be found. " 28. Article 30 shall read as follows: "" Art. 30. -Romanian road transport operators can carry out public road transport of goods in international traffic only on the basis of international transport permits issued by the competent authority, if international agreements or conventions which Romania is part do not provide otherwise. " 29. Article 31 shall read as follows: "" Art. 31. -(1) Foreign road transport operators may carry out public road transport operations of goods in international traffic on the territory of Romania only on the basis of the international transport authorization issued by the competent authority, if the international agreements or conventions to which Romania is a party do not provide otherwise. (2) The customs control bodies shall carry out the customs formalities on the territory of Romania for the vehicles of the foreign road transport operators only if on board them there is the corresponding international transport authorization or up to fulfilling this formality. (3) Until the entry into force of the law approving the present emergency ordinance, the Ministry of Transport, Construction and Tourism and the Ministry of Public Finance will develop joint instructions for the application of the provisions of par. ((2). ' 30. Article 32 shall read as follows: "" Art. 32. -(1) Public road transport of persons shall be carried out by road transport operators only with buses on board which are, for the duration of transport, a compliant copy of the transport licence, as well as the route licence or the international transport authorisation or the transport document corresponding to occasional services, as appropriate. ((2) Road transport on its own account may be carried out by undertakings only with motor vehicles on board, for the duration of transport, a certified copy of the transport certificate on its own account, and documents showing that the transport carried out is on its own. " 31. Article 33 shall read as follows: "" Art. 33. -Public road transport of people with buses can be achieved by: a) regular services; b) special regular services; c) occasional services. " 32. Article 34 shall read as follows: "" Art. 34. -(1) Public road transport of persons through regular services on a county or inter-county route can be carried out by road transport operators only on the basis of the route license issued by the Ministry of Transport, Construction and Tourism, its period of validity being limited by the period of validity of the transport program. (2) The route license for public road transport in inter-county traffic is issued for each race, and in county traffic, for each route. (3) Public road transport of persons through regular services in county and inter-county traffic is carried out on the basis of transport programs, their period of validity being 3 years. (4) In order to prepare the county transport program, the county council has the obligation to transmit to the competent authority, until the date communicated by it, proposals containing the county routes to be included in the program. After the preparation of the program, it will send it to the county council (5) The transport program can only be modified for justified cases, at most once a year, in compliance with the conditions imposed in par. ((4) on its preparation and approval. " 33. After Article 34, two new articles are inserted, Articles 34 ^ 1 and 34 ^ 2, with the following contents: "" Art. 34 34 ^ 1. -(1) In the case of county public road transport of persons through regular services, the competent authority shall issue the route licences after the assignment of the routes from the respective county transport program. (2) In order to assign the routes, the conditions imposed and the scores for the separation shall be established by the competent authority for the inter-county routes and by the Ministry of Administration and Interior for the county routes. (3) The route licenses for the county routes shall be issued by the territorial agencies of the competent authority, according to the assignment of the routes based on the conditions imposed and the scores obtained by the operators at the assignment of the routes. (4) A representative of the county council may also participate in the award of the county routes. Art. 34 ^ 2. -(1) The route license contains the type and capacity of the bus with which the execution of the route races is allowed, and in the annex, the traffic chart. (2) For road transport of persons on county and intercounty routes, interurban buses and coaches are used, and for international routes only coaches are used. The competent authority will correlate their comfort with the length of the route. (3) In the road transport of persons in county, inter-county or international traffic it is prohibited to transport more persons than the number of seats provided in the registration certificate of the bus. " 34. Article 35 shall read as follows: "" Art. 35. -When carrying out public road transport of persons through regular services and special regular services, road transport operators are required to comply with the provisions of the specification of the route license or the authorization of international transport, as well as the circulation chart. " 35. After Article 35, two new articles are inserted, Articles 35 ^ 1 and 35 ^ 2, with the following contents: "" Art. 35 35 ^ 1. -On the routes parallel to the railway, the traffic charts harmonize so as not to overlap with the movement charts of the people trains. Art. 35 ^ 2. -(1) Regular passenger transport services are executed on the basis of individual travel cards, which are documents with special regime, namely: tickets, subscriptions and special cards. (2) Special travel cards are the cards granted by the competent authorities, under the law. (3) The model of tickets, subscriptions and special passes shall be established by the Ministry of Public Finance. (4) For children under 5 years transport is carried out free of charge ((5) The transport of passengers 'hand luggage shall be free of charge within the limit of up to 20 kg in national traffic and 30 kg in international traffic.' 36. Article 36 shall read as follows: "" Art. 36. -(1) Public road transport of persons through regular services on an international route can be carried out by Romanian road transport operators only on the basis of the international transport authorization and the traffic schedule contained in it, issued by the competent authorities of the states where the heads of the route are situated, and of the international transport authorisations issued by the competent authorities of the transited states. (2) Public road transport of persons through regular services on an international route can also be carried out by several road transport operators, in common, as mentioned in the authorization. " 37. Article 37 shall read as follows: "" Art 37. -Foreign road transport operators can carry out public road transport of persons through regular services in international traffic on the territory of Romania, transit or destination, only on the basis of the international transport authorization and the graphic circulation contained therein, issued by the competent authority. '; 38. Article 38 shall read as follows: "" Art. 38. -(1) Public road transport of persons by special regular services in national traffic shall be carried out by road transport operators only on the basis of the route licence issued by the competent authority, with validity equal to the period the contract concluded with the beneficiary of the transport, but not more than one year, the respective service using as stations for the climb/descent of persons transported other stations than public stations, ensuring the existence on board the vehicle of the valid credentials issued by the consignment beneficiary (2) Public road transport of persons through special regular services in international traffic is carried out by Romanian and foreign road transport operators only on the basis of international transport permits issued by the authorities competences of the states where the route heads are located, as well as the international transport authorisations issued by the competent authorities of the transited states, the respective service using as stations for the climb/descent of persons transported stations other than public stations, ensuring the existence of the vehicle of the valid cards issued by the beneficiary of the transport, if the international agreements and conventions to which Romania is a party do not provide otherwise. " 39. After Article 38, a new article is inserted, Article 38 ^ 1, with the following contents: "" Art. 38 38 ^ 1. -(1) The licence for the route or the international transport authorisation, issued by the competent authority, shall be withdrawn if the conditions which were the basis for its release or for serious deviations are no longer fulfilled. Repeated times from the rules of the service. (2) The holder of the license for the withdrawn route is obliged to carry out the road transport activity until his replacement with another road transport operator, but not more than 60 days. " 40. Article 39 shall read as follows: "" Art. 39. -(1) Road transport of persons by occasional services in national traffic may be carried out by road transport operators only on the basis of the transport document previously issued by the competent authority. (2) Public road transport of persons through occasional services in international traffic may be carried out only in compliance with the provisions of the Agreement on the occasional international carriage of passengers by coach and bus (Agreement INTERBUS), signed by Romania in Brussels on 2 October 2000, ratified by Law no. 439/2002 , on the basis of the documents referred to therein, issued by the competent authority. (3) For the non-signatory States of the INTERBUS Agreement, public road transport of persons through occasional services in international traffic may be carried out only on the basis of the transport document agreed between the competent authority and the authorities competences in the territory of which the transport is carried out. (4) Road transport of persons on their own in international traffic may be carried out only on the basis of the transport document issued and agreed by the competent authority with the competent authorities of the states on whose territory it runs transport. " 41. After Article 39, two new articles are inserted, Articles 39 ^ 1 and 39 ^ 2, with the following contents: "" Art. 39 39 ^ 1. -Road transport of persons on their own in national and international traffic is carried out under the conditions established by norms and in compliance with the international agreements and conventions to which Romania is a party. Article 39 ^ 2. -Documents that must be found on board the vehicle during the performance of road passenger transport, for each type of transport covered by this emergency ordinance, shall be established by rules. " 42. In Article 40, paragraphs 1, 3 and 4 shall read as follows: "" Art. 40. --(1) Activities related to road transport shall be carried out by undertakings only on the basis of the licence for activities related to road transport, issued by the competent authority, under the conditions laid down by ...................................................................... ((. Where a related road transport activity is carried out by a multi-point undertaking, the competent authority shall issue a licence for road transport activities for each of them. ((4) The license for activities related to road transport shall be suspended by the competent authority in case of serious or repeated deviations from the regulations in force. " 43. Article 43 shall read as follows: "" Art. 43. -(1) The establishment, abolition or change of the destination of some spaces of a bus station, to serve the public road transport of persons, shall be approved by the General Council of the Municipality of Bucharest or by the local council, as the case may be, with the opinion prior opportunity of the competent authority. (2) It is forbidden to change the destination of a bus station, to abolish it or to change the destination of some spaces of a bus station, in less than 6 months after the notification of this intention by the owner of the respective bus station. " 44. Article 44 shall read as follows: "" Art. 44. -The arrangement, road signage and maintenance of public stations for the climb/descent of persons transported shall be ensured by the local public administration, the administrator of the road or its holder, as the case may be. " 45. Article 45 shall read as follows: "" Art. 45. -In the case of public road transport of persons through regular services in county, inter-county or international traffic, departures, stops in transit and arrivals are carried out from/in bus stations or, in their absence, from/in public stations established by the local public administration, with the opinion of the competent authority, in accordance with the approved transport 46. Article 46 shall read as follows: "" Art. 46. -(1) The stop in the bus station for the purpose of climbing/lowering the transported persons is allowed only if the traffic schedule of the route license has provided for that station, in the case of regular road transport services people. (2) The access of public road transport operators by persons through regular services, in public stations, is without payment, equal and non-discriminatory, according to traffic schedules. (3) Road transport operators who carry out public road transport of persons through regular services according to the traffic schedule have equal and non-discriminatory access to the services of autostations, for a fee. " 47. Article 47 shall read as follows: "" Art. 47. -(1) The activities of intermediation of public road transport operations are carried out on the basis of contracts by taking over from the beneficiaries of road transport orders, which will be carried out by the intermediary, on his behalf, by means of a road transport operator, on the basis of contracts. (. The tasks and liabilities of the intermediary shall result from the provisions of the intermediation contract concluded between the parties. " 48. Article 48 shall read as follows: "" Art. 48. -The licence for activities related to road transport shall be withdrawn by the competent authority if the undertaking carrying out activities related to road transport no longer fulfils the conditions which were the basis for granting or where it has provided documents containing incorrect information on the occasion of its request. '; 49. The title of Chapter VII shall read as follows: "" CHAPTER VII Road safety " 50. In Chapter VII, before Article 49, two new sections, sections 1 and 2 are inserted, with the following contents: "" SECTION 1 General provisions Art. 48 ^ 1. -(1) Road safety is defined by the totality of traffic regulations, as well as the conditions to be met by road infrastructure, means of transport, persons with attributions who compete for safety traffic and other road users to ensure safe and environmentally sound road transport. (2) Regulations on road traffic are established by special law. Section 2 Persons with functions that compete in road safety Article 48 ^ 2. -For the purposes of this emergency ordinance, persons with functions competing for road safety are the drivers referred to in art. 10 and 14, the designated person and the safety adviser. Art. 48 ^ 3. -(1) Persons with functions who compete in traffic safety must prove that they are medically and psychologically fit for occupation and maintenance. (2) The medical opinion and the psychological opinion shall be obtained after an initial and periodic examination, carried out in specialized units, established in each county, from the own health network of the Ministry of Transport, Construction and Tourism or liked by it. ((3) The cases for which medical and/or psychological examination is required, as well as the periodicity of medical and/or psychological opinions shall be established by norms. Article 48 ^ 4. -The company or road transport operator, as an employer, has the obligation to keep records of medical and/or psychological opinions and to comply with the recommendations of medical and psychological commissions on persons with functions that compete in road safety. Art. 48 ^ 5. -(1) Persons with functions competing for road safety must hold a certificate of professional training issued by the competent authority. (2) Other categories of drivers who must hold a certificate of professional competence may also be established by law. Art. 48 ^ 6. -The certificate of professional competence has a validity of 5 years, with the possibility of extension for the same period, following the support and promotion of an examination, under the conditions established by the competent authority. Art. 48 ^ 7. -The cancellation of the certificate of professional competence is carried out under the conditions established by the competent authority, for cases of incompatibility Art. 48 ^ 8. -(1) For the prevention of road events, undertakings carrying out public road transport or road transport on their own account are required to ensure the professional training and regular training of personnel competing for safety. Circulation. ((. The training of personnel in charge of traffic safety shall be carried out under the conditions established by the competent authority. Art. 48 ^ 9. -The competent authority shall determine the tasks and responsibilities to be carried out by persons with functions competing in the safety of movement. " 51. In Chapter VII, a new section, section 3, is inserted after section 2, with the following title: " SECTION 3 Road vehicles ' 52. In Article 49, paragraph 3 shall read as follows: "(3) Road transport of goods and/or persons shall be carried out only with road vehicles intended by construction of that type of transport and equipped with tachographs and speed limiters, in accordance with the regulations in force." 53. In Article 50, paragraphs 1 and 2 shall read as follows: "" Art. 50. -(1) The approval for registration or registration of road vehicles shall be granted by the competent authority, which also issues the identity card of the road vehicle, under the conditions established by the legal provisions in force. (2) The certification of authenticity and the approval of road vehicles in order to register or register them shall be carried out under the conditions established by the legal provisions in force. " (2) Conditions for the carrying out of repair, adjustment, constructive modification, reconstruction of road vehicles, dismantling of road vehicles for use or periodic technical inspection of road vehicles, as well as the conditions for granting technical authorisations to economic operators who perform such services shall be established by the competent authority, under the conditions established by the legal provisions in force. " 54. Article 51 shall read as follows: "" Art. 51. -(1) Economic operators carrying out repair, adjustment, constructive modification, road vehicle reconstruction, dismantling of road vehicles for use, as well as periodic technical inspection of vehicles road may carry out these activities only on the basis of technical authorization issued by the competent authority, under the conditions established by the legal provisions in force 55. Article 52 shall read as follows: "" Art. 52. -The products and operating materials used in road vehicles manufactured in the country or imported must be technically certified and/or approved, according to the legal provisions in force, by the competent authority. " 56. Article 53 shall read as follows: "" Art. 53. -The list of products and operating materials used in road vehicles for which certification or approval is required shall be determined by the competent authority, under the conditions laid down by the legal provisions in force. " 57. In Chapter VII, after Article 53, a new section, section 4, is inserted, with the following contents: " SECTION 4 Road infrastructure Art. 53 ^ 1. -In compliance with the provisions on traffic safety are liable/liable to all enterprises holding road vehicles, persons with functions competing at traffic safety, road infrastructure managers, as well as economic agents authorized to carry out maintenance and repair of road infrastructure, in accordance with the legal provisions in force. Art. 53 ^ 2. -(1) In order to ensure the safety of traffic and traffic fluency on Saturdays, Sundays, public holidays, as well as other periods, traffic restrictions may be established for certain categories of vehicles. ((. Restrictions, vehicle types, periods of application and exceptions shall be established by order of the Minister of Transport, Construction and Tourism or by common orders of the Ministries concerned, as appropriate. " 58. After Chapter VII a new chapter, Chapter VII ^ 1, is inserted, with the following contents: "" CHAPTER VII ^ 1 Contracts in road and related transport activities Art. 53 ^ 3. -The execution of public road transport and its related activities is carried out on the basis of a commercial contract. These activities are as follows: a) public road transport of goods; b) public road transport of persons in national and international traffic in the following cases: 1. road transport through regular service; 2. road transport through special regular service; 3. occasional road transport; c) activities carried out by the bus station; d) intermediation activities. Art. 53 ^ 4. -It is considered a contract and the order accepted only if it contains all the elements necessary for carrying Art. 53 ^ 5. -(1) 2 2 and 3 of art. 1, as well as art. 2 2-30 and 32-41, except for those provided in art. 23 23 section 3, of the Convention on the Contract for the International Carriage of Goods by Road (CMR), signed in Geneva, Switzerland, on 19 May 1956, to which Romania acceded by Decree no. 451 451 of 20 November 1972 , published in the Official Bulletin, Part I, no. 145 of 6 December 1972, hereinafter referred to as the CMR Convention, are fully applicable as public road transport of goods carried out with vehicles in national traffic. (2) In national traffic, the provisions of art. 23 23 section 3 of the CMR Convention will read as follows: "However, the amount of compensation cannot exceed the equivalent in lei of 2.5 USD per kilogram gross weight missing." Art. 53 ^ 6. -(1) The provisions of Title XII-"About the road transport contract", art. 413-441-of the Commercial Code does not apply to public road transport contracts with vehicles, concluded after the entry into force of the law approving this emergency ordinance. (2) Contracts of public road transport of goods with vehicles, concluded before the date of entry into force of the law approving this emergency ordinance, pending, are applicable to the provisions of the said Commercial Code in par. ((1). Art. 53 ^ 7. -(1) In the execution of the related activity of intermediation, the organization of road transport is also based on the conditions of the contract concluded between the customer and the intermediary, as well as the contract concluded between the intermediary and the road. (2) In application of the provisions ((1), the operator holding the licence for brokering services shall have the obligations and responsibilities resulting from those contracts. Art. 53 ^ 8. -Within 90 days from the entry into force of the law approving this emergency ordinance, the competent authority will establish regulations on the application of the provisions of the CMR Convention by Romanian road transport operators in national traffic. Art. 53 ^ 9. -The public road transport contract of goods with road vehicles, for consideration, when the place of receipt of the goods and the place provided for its issuance, as indicated in the contract, are located on the territory of Romania or in two countries different, of which at least one is the contracting country, regardless of the domicile and nationality of the participants in the contract, is a public road transport contract of goods in national or international traffic, as the case may be. Art. 53 ^ 10. -The travel ticket represents the public road transport contract of persons through regular services, concluded between the provider-carrier and beneficiary-traveller, through which the road transport operator undertakes to execute the safe and comfort transport of the beneficiary, and the beneficiary undertakes to pay his consideration, covering and providing persons and luggage. Art. 53 ^ 11. -The public road transport contract through special regular services is drawn up for a fixed period, and for occasional services, the contract is unique, for each individual race. Art. 53 ^ 12. -The bus stations that are included in the traffic charts in the case of public road transport of persons in county, inter-county and international traffic are obliged to conclude the contracts with the respective operators under the conditions established by norms. Art. 53 ^ 13. --(1) The undertaking carrying out public road transport or road transport on its own account may use for this rented road vehicles on the basis of a contract from a lessor holding them in the property. ((. A vehicle shall be deemed to be leased if the following conditions are met: a) is registered in Romania; b) is made available exclusively to the lessee, who bear all expenses related to operation, maintenance and repair, for the duration of the contract and without driver; c) the driver is the employee of the lessee or the tenant himself d) use is ceded for onerous title. (3) Vehicles purchased in the leasing system shall be subject to the legal regime of vehicles leased only during the period of validity of the lease. " 59. Article 54 shall read as follows: "" Art. 54. -The issuance of the documents provided for by this Emergency Ordinance and the performance of the specific benefits shall be carried out by the competent authority, on the basis of the tariffs established by it 60. Article 55 shall read as follows: "" Art. 55. -(1) When carrying out public road transport operations, the tariffs shall be set freely on the basis of supply and demand. ((. In the case of public passenger transport services, the transmission tariff may be one of the tendering criteria for the concession of that service. " 61. After Article 55, a new article is inserted, Article 55 ^ 1, with the following contents: "" Art. 55 55 ^ 1. -(1) The public passenger road transport operator will ensure the correlation of the transport tariff with the comfort and safety of the means of transport. (. The transport rates charged to passengers shall contain the insurance premiums for them and for their luggage and for the risks arising from carrying out the transport operations. " 62. Article 56 shall read as follows: "" Art. 56. -(1) Inspection, control and supervision of the compliance with the provisions of this emergency ordinance, as well as the provisions of the rules and regulations provided by it shall be carried out in traffic and at the premises of enterprises by traffic inspectors or, as the case may be, by inspectors empowered for that purpose by the competent authority. ((2) Regulations for carrying out inspections and control of road transport and related activities, the model and the insignia of the uniform, and the fitting and inscription of the control vehicles shall be established by the competent authority until the entry into force of the law approving this emergency ordinance. (3) The duties and obligations of the traffic inspectors shall be determined by Government decision. " 63. After Article 56 two new articles are inserted, Articles 56 ^ 1 and 56 ^ 2, with the following contents: "" Art. 56 56 ^ 1. -(1) Traffic inspectors have the obligation to wear the service uniform, to hold the control card during the performance of the control actions and to comply with the legal provisions on stopping vehicles in traffic. (2) In the case of a traffic control over a vehicle, traffic inspectors shall have the right to enter both the space for the driver and the space for the carriage of goods by road and/or persons for carrying out control and conduct of the necessary checks. (3) In the case of road transport of goods traffic inspectors shall have the right to verify the conformity between the documents in the transport documents and the goods transported. (4) In the case of road transport of goods suspected to be dangerous goods, traffic inspectors shall have the right to take samples which will be transmitted for the analysis of approved laboratories. (5) In the case of road transport of persons, traffic inspectors have the right to verify the concordance between the documents in the transport document and the identity of the persons transported, as well as their travel cards, as the case may be. Art. 56 ^ 2. --(1) By way of derogation from the provisions Government Emergency Ordinance no. 195/2002 on traffic on public roads, as amended, approved with amendments and additions by Law no. 49/2006 , traffic inspectors have the right to stop any vehicle carrying out road transport activities under the conditions of this emergency ordinance and travelling on public roads. Traffic inspectors can stop vehicles, signalling regularly from the static position in the same way as road police or from the equipment vehicle on the go. ((2) By way of derogation from provisions Government Emergency Ordinance no. 195/2002 , as amended, approved with amendments and additions by Law no. 49/2006 , the vehicles of the traffic inspectors will be equipped with red light-signalling devices with variable messages, which they can make use of only for the traffic stop of vehicles carrying out road transport activity, in the conditions of this emergency ordinance. " 64. Article 57 shall read as follows: "" Art. 57. -(1) When carrying out control at the premises of undertakings, inspectors shall have the right to enter, during working hours, both in the working premises and in the vehicles owned by them. ((2) When carrying out the control at the premises of undertakings, they shall be required to submit to all the documents required by the staff of the competent authority empowered 65. The title of Chapter X shall read as follows: "" CHAPTER X Contraventions and Sanctions " 66. In Chapter X, before Article 58, four new articles are inserted, Articles 57 ^ 1-57 ^ 4, with the following contents: "" Art. 57 57 ^ 1. -The violation of the provisions provided for in this emergency ordinance attracts civil, administrative, contravention or criminal liability, as the case may be. Art. 57 ^ 2. -It constitutes contraventions, if not considered crimes according to the criminal law, the following facts: a) carrying out road transport or its related activities without having a transport license, transport certificate on its own, license for related activities, route license or international transport authorization, document transport for the transport of persons through occasional services, respectively withdrawn, expired or declared lost, as the case may be; b) carrying out road transport on the basis of a compliant copy of the transport licence or transport certificate on their own suspended, expired, declared lost or improper to the type of transport carried out or not belonging to the respective transport undertaking or operator, as applicable; c) carrying out road transport with a vehicle for which the immobilization measure was ordered for non-compliance with the legal provisions requiring the immobilization of the vehicle d) carrying out road transport in cabotage mode; e) evading the road traffic control; f) evading or obstructing the control at the premises of the undertaking or the road transport operator carrying out road transport activities or activities related to road transport, as the case may be. Art. 57 ^ 3. -(1) The facts referred to in art. 57 57 ^ 2 lit. a), b) and f) the designated person and/or the manager of the enterprise shall be liable/liable, as appropriate. (2) The facts referred to in art. 57 57 ^ 2 lit. c), d) and e) the driver is liable. Art. 57 ^ 4. -(1) It is sanctioned with a fine imposed on Romanian or foreign companies or road transport operators, as the case may be: a) from 20,000 lei (RON) to 25,000 lei (RON), the act provided in art. 57 57 ^ 2 lit. a); b) from 15,000 lei (RON) to 20,000 lei (RON), the act provided in art. 57 57 ^ 2 lit. b); c) from 10,000 lei (RON) to 15,000 lei (RON), the deed provided in art. 57 57 ^ 2 lit. f). (2) It is sanctioned with the fine imposed on the Romanian or foreign driver, as the case may be: 67. Article 58 shall read as follows: "" Art. 58. -The following facts are contraventions: s) carrying out road transport by drivers who do not hold a certificate of professional competence; t) road transport of persons on a county, inter-county or international route of several persons than the number of seats provided in the registration certificate; a) from 10,000 lei (RON) to 15,000 lei (RON), the act provided in art. 57 57 ^ 2 lit. d); b) from 7,500 lei (RON) to 10,000 lei (RON), the facts provided in art. 57 57 ^ 2 lit. c) and e). " a) carrying out road transport of goods or persons in international traffic by a foreign road transport operator, having as a transit or destination country Romania, without the existence on board the vehicle of the transport authorization international; b) carrying out road transport without the existence on board the vehicle of proof of the right to hold the vehicle for vehicles held under a lease or lease; c) carrying out public road transport of persons through regular services without issuing travel cards; d) carrying out road transport of goods or persons in national traffic, with assemblies of vehicles to which the trailer or semi-trailer is not registered in Romania; e) carry out the carriage of goods by road without the existence on board the vehicle of the transport document or of the compliant copy of the transport licence or of the compliant copy of the transport certificate on its own, as appropriate; f) carrying out road transport of goods in international traffic without existing on board the vehicle of the certificate on the classification of the road vehicle in the rules of pollution and road safety; g) carrying out road transport of perishable goods in international traffic without complying with the provisions of the Agreement on international transports of perishable products and on the special means of transport that must be used for these transports (ATP), adopted in Geneva on 1 September 1970, to which Romania joined by Government Ordinance no. 75/1998 , approved by Law no. 2/1999 ; h) carrying out road transport of goods and/or persons in international traffic without the existence on board the vehicle of the international technical inspection certificate provided for by the Agreement on the adoption of uniform conditions for inspections periodic technical roadside vehicles and mutual recognition of these inspections, concluded in Vienna on 13 November 1997, ratified by Government Ordinance no. 76/1998 , approved by Law no. 7/1999 ; i) carrying out road transport of persons without existing on board the vehicle of the route licence or transport authorization, of the transport document corresponding to the type of transport carried out or of the compliant copy of the transport licence or of the compliant copy of the transport certificate on its own, as the case may be; j) carrying out public road transport of persons through occasional services in international traffic without complying with the provisions of the Agreement on the occasional international carriage of coach and bus passengers (INTERBUS Agreement), signed by Romania in Brussels on 2 October 2000, ratified by Law no. 439/2002 ; k) carrying out public road transport of persons through occasional services in national traffic with persons not mentioned in the transport document; l) carrying out road transport by the driver without the existence on board the vehicle of the certificate of professional competence or proof of his employment by the undertaking if the vehicle is held on the basis of a lease or lease agreement; m) the use by the enterprise or by the carrier of some drivers without employment contract, medical opinion, psychological opinion or certificate of professional competence; n) unjustified refusal of access to the services of the bus station, the application of discriminatory tariffs for access to the services of the bus station, as well as the conditioning of the access to the services of the obligation to sell the service travel; o) allowing access to the bus station services of vehicles of road transport operators with which no contract was concluded, of vehicles of road transport operators that did not provide for that bus station as a stop point in the traffic, as well as of the vehicles of road transport operators with which road transport of persons is carried out through regular or occasional regular services; p) lack of contracts for access to its services; q) non-compliance with the provisions of the route license, international transport authorization or traffic schedule; r) alienation of the documents necessary for carrying out road transport, as well as their use by a natural or legal person, other than the holder, or their improper use; s) travel without travel card valid for public road transport of persons through regular services; t) non-stop in traffic of the vehicle at the regulatory signal of the inspectors; u) the use of drivers without the right to work in Romania; v) carrying out road transport through special regular services in national or international traffic with persons who do not have in their possession the cards issued by the beneficiary of the transport; w) carrying out road transport on its own with persons who do not have in their possession documents issued by the enterprise, showing that the transport is on its own; x) carrying out activities of intermediation of public road transport operations without the existence of transport contracts established by this emergency ordinance; y) carrying out road transport of goods and/or persons with vehicles other than those intended by construction of the category, namely the type of transport; z) non-possession at the premises of undertakings or operators of transport of transport documents, identity cards of vehicles, evidence of the right to hold vehicles for vehicles temporarily in use or a the record of international transport authorisations for international road haulage or of contracts for bus services, as appropriate. '; 68. Article 59 shall read as follows: "" Art. 59. -(1) It is sanctioned with a fine imposed on Romanian or foreign companies or road transport operators, as the case may be: a) from 1.000 lei (RON) to 1,500 lei (RON), the facts provided in art. 58 lit. a), b), e), f), h) and i); b) from 4,000 lei (RON) to 5,000 lei (RON), the facts provided in art. 58 lit. m), u), y) and z); c) from 7,000 lei (RON) to 9,000 lei (RON), the facts provided in art. 58 lit. g), j), k) and r); d) from 10,000 lei (RON) to 15,000 lei (RON), the deed provided in art. 58 lit. d). (2) It is sanctioned with a fine imposed on undertakings performing activities related to road transport: a) from 7,000 lei (RON) to 9,000 lei (RON), the facts provided in art. 58 lit. o) and p); b) from 10,000 lei (RON) to 15,000 lei (RON), the facts provided in art. 58 lit. n) and x). (3) It is sanctioned with the fine imposed on the driver: a) from 500 lei (RON) to 1,000 lei (RON), the deed provided in art. 58 lit. l); b) from 1.000 lei (RON) to 2,000 lei (RON), the facts provided in art. 58 lit. q), s) and w); c) from 2,000 lei (RON) to 5,000 lei (RON), the facts provided in art. 58 lit. c), t), t) and v). (4) It is sanctioned with a fine from 100 lei (RON) to 300 lei (RON), applied to the person travelling without a travel card, the act provided for in art. 58 lit. s). (5) The offender may pay, no later than 48 hours after the date of bringing to the attention of the minutes of finding and contravention sanction, half of the minimum fine provided by this emergency ordinance. " 69. After Article 59, a new article is inserted, Article 59 ^ 1, with the following contents: "" Art. 59 59 ^ 1. -If from the documents submitted by the driver cannot be identified the road transport company or operator, the fine shall apply to it. " 70. Article 60 shall read as follows: "" Art. 60. -The contraventions provided for in this emergency ordinance are found and sanctioned by: a) the staff of the competent authority empowered for that purpose; b) officers/agents of the traffic police; c) officers/agents of the border police at border crossing points; d) personnel with control tasks within the Ministry of Public Finance, according to the competences granted. " 71. In Article 61, paragraphs 1 and 2 shall read as follows: "" Art. 61. -(1) The control of road vehicles registered in other states, with which road transport operations are carried out on the territory of Romania, shall be carried out by the staff of the competent authority empowered for this purpose. (2) In case when carrying out the control provided in par. (1) violations of the legal provisions in force governing the field of road transport have been found, immobilize the road vehicle safely and security of transport and, if necessary, proceed to the lifting registration plates until the legal conditions for the continuation of the transport are fulfilled and the sanction corresponding to those found applies. " 72. in Article 61, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) For deviations from the provisions of this emergency ordinance are exempted from immobilization vehicles carrying live animals, perishable goods or under controlled temperature." 73. Article 62 shall read as follows: "" Art. 62. --(1) In the case of the use of a vehicle repeatedly without the undertaking or the road transport operator holding the transport licence, transport certificate on its own account, route licence or international transport authorization, after case, the right of use of the vehicle is suspended for a period of between one month and 3 months. (2) The procedure for suspending the right of use of a vehicle according to par. ((1) shall be established by the competent authority by rules. ((3) The inspectors have the right to retain the compliant copy of the transport license, the compliant copy of the transport certificate on their own, the route license, the international transport authorization, the transport document or the the certificate of professional competence if it/it has been alienated, altered/altered or damaged/damaged or when the conditions that have been the basis for its release, as applicable, are no longer met. ' 74. In Chapter XI, before Article 65, two new articles are inserted, Articles 64 ^ 1 and 64 ^ 2, with the following contents: "" Art. 64 64 ^ 1. -(1) Public transport licences, transport licences for their own interest, transport permits for their own interest, execution licences for related activities, valid on the date of entry into force of the law approving this ordinance of urgency, maintain their validity until the date of the next visit. (2) The execution licenses for the vehicle and the documents referred to in par. ((1), in the last year of validity before expiry, shall maintain their validity until expiry. (3) The execution licenses for the route valid on the date of entry into force of the law approving this emergency ordinance shall maintain their validity until expiration. Art. 64 ^ 2. -The equipment with speed limiters is mandatory for motor vehicles or vehicle assemblies for road haulage vehicles whose total maximum permissible mass is more than 3,5 tonnes and for motor vehicles for road transport persons with more than 9 seats, including the driver's seat. " 75. Article 66 shall read as follows: "" Art. 66. -(1) The carriage of goods under cabotage for transport operators from the countries of the European Union shall apply to a transitional period in accordance with the provisions of point (a). 5 "Transport policy" para. ((1) of Annex VI to the Protocol to the Treaty of Accession of Romania and Bulgaria to the European Union, signed on 25 April 2005, ratified by Romania by Law no. 157/2005 . ((2) The transport of persons in cabotage mode will be liberalized for transport operators from the countries of the European Union after the date of Romania's accession to the European Union, in accordance with the regulations in force. " 76. Article 69 shall read as follows: "" Art. 69. -Until the law approving this emergency ordinance comes into force, the Ministry of Transport, Construction and Tourism will properly amend the rules on the organisation and conduct of road transport and their related activities. '; 77. After Article 69, two new articles are introduced, Articles 69 ^ 1 and 69 ^ 2, with the following contents: "" Art. 69 69 ^ 1. -Until the entry into force of the law approving this emergency ordinance, the Ministry of Transport, Construction and Tourism and the Ministry of Administration and Interior, as well as other ministries will develop their own regulations within the limit powers to apply the provisions of this emergency ordinance. Art. 69 ^ 2. -At border crossing points, the control of motor vehicles shall be carried out by the border police together with the controllers empowered for that purpose by the competent authority. " 78. Article 70 shall read as follows: "" Art. 70. -(1) On the date of entry into force of this emergency ordinance, it is repealed Government Ordinance no. 44/1997 on road transport, published in the Official Gazette of Romania, Part I, no. 222 of 29 August 1997, approved with amendments and additions by Law no. 105/2000 , with subsequent amendments and completions. (2) On the date of entry into force of the law approving this emergency ordinance, the Government Emergency Ordinance no. 6/2006 6/2006 for completing art. 23 of Government Ordinance no. 86/2001 on regular local public passenger transport services, published in the Official Gazette of Romania, Part I, no. 153 153 of 17 February 2006. ' + Article II This Law shall enter into force on 1 October 2006. + Article III Government Emergency Ordinance no. 109/2005 on road transport, published in the Official Gazette of Romania, Part I, no. 655 of July 22, 2005, as amended and supplemented by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, April 25, 2006. No. 102. --------