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Law No. 92 Of 10 April 2007 Local Public Transport Services

Original Language Title:  LEGE nr. 92 din 10 aprilie 2007 serviciilor de transport public local

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LEGE no. 92 92 of 10 April 2007 (* updated *) local public transport services ((updated on 13 January 2012 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law aims to establish the legal framework on the establishment, authorization, organization, operation, management, financing and control of the operation of public transport services in communes, cities, municipalities, counties and in areas community development associations. (2) The present law establishes the legal framework on the establishment, organization and functioning of specialized transport compartments or services within the local, county and Bucharest public administration authorities. (3) Local transport of persons and goods may be public transport or transport on their own, as defined in Government Emergency Ordinance no. 109/2005 on road transport, approved with amendments and additions by Law no. 102/2006 ,, as amended. (4) The local public transport service of persons and goods shall be organized by the local public administration authorities, within the respective administrative-territorial area, in compliance with the following principles: a) the promotion of competition between transport operators, namely authorised carriers, who have been assigned the execution of the service; b) ensuring equal and non-discriminatory access of transport operators and authorised carriers to the local public transport market; c) ensuring respect for the rights and interests of users of the local public transport d) solving the economic, social and environmental problems of the respective localities or county; e) efficient administration of goods belonging to the transport systems property of administrative-territorial units; f) the efficient use of public funds in the activity of administration or execution of the local public transport service; g) safe and comfort travel, including through the risk insurance of goods and persons transported, as well as their goods through insurance policies; h) ensuring the execution of a local public transport bearable with regard to the transport tariff; i) full recovery of operating costs, rehabilitation and development through tariffs/charges incurred by direct beneficiaries of transport, hereinafter referred to as users, and by financing from local budgets, ensuring a profit reasonable for transport operators and authorised carriers; j) the autonomy or financial independence of the transport operators and the authorized carriers; k) supporting the economic development of the localities through the realization of a modern transport infrastructure; l) to meet with priority the travel needs of the population, the staff of public institutions and economic operators on the territory of administrative-territorial units through quality services; m) protection of disadvantaged social categories, by offsetting the cost of transport from the local budget; n) tariff integration by using a single type of travel card for all means of local public transport of persons through regular flights; o) dispatching the local public transport of persons carried out through permanent programs; p) consultation of representative associations of transport operators and/or authorized carriers, as well as users in order to establish local policies and strategies on local public transport and the modalities of operation of this service. (5) The state supports through legislative and economic measures the quantitative and qualitative development of local public transport services, as well as the technical-urban infrastructure related to the local public transport system. (6) The main objectives pursued by the local public administration authorities in the field of local public transport service are: a) the establishment of compartments or specialized services for local public transport, with or without legal personality, as the case may be, hereinafter referred to as local transport authorities; b) ensuring the financing necessary for the development of components of the local public transport system, given that they belong to the public or private domain of local public administration authorities; c) ensuring transparency in public procurement procedures; d) information and regular consultation of the population on sustainable development policies in the field of local public transport service; e) the granting of transport facilities to certain categories of persons; f) correlation of the capacity of the means of transport of persons with existing passenger flows; g) ensuring the continuity of transport services through transport or operating programmes, as appropriate, correlated with existing passenger or freight flows; h) assignment of local public transport services to road transport operators and authorized carriers, depending on the level of their investment effort made in the means of transport and in transport infrastructure. (7) Local public transport services are carried out in compliance with the regulations in force on the legality of transport, working conditions, vehicle exploitation and infrastructure exploitation, as well as safety conditions Circulation. (8) In all the reports generated by the execution of local public transport services, the protection of human life and the environment is a priority. + Article 2 (1) Given that transport facilities are granted in local public transport to one or more categories of persons, the service by which that transport is carried out shall be considered a public service subsidised by transport. (2) The public transport subsidised service is carried out in accordance with the provisions of this Law and of Government Ordinance no. 97/1999 on the guarantee of the provision of subsidised public services of domestic road transport and inland waterway transport, republished. (3) The public transport subsidised service is carried out under the conditions of fulfilment of all operating obligations, transport obligations and tariff obligations, as defined in Government Ordinance no. 97/1999 , republished. + Article 3 (1) Local public transport services are part of the scope of Community public utility services and include all actions and activities of public utility and general economic and social interest carried out at the level of the units administrative-territorial, under the control, management or coordination of local public administration authorities, in order to ensure local public transport, as well as county public transport of persons. (2) Local public transport services include public passenger services, public freight services, as well as other public transport services. (3) Local public transport services include: a) transport through regular flights; b) transport through special regular flights; c) transport with cars in taxi mode; d) transport with cars on a rental basis. (4) Local public transport services, for the purposes of this law, are public transport carried out with motor vehicles whose maximum permissible mass, also with a trailer, does not exceed 3,5 tonnes and includes: a) transport by contract; b) taxi transport. (5) Other local public transport services include: a) transport of persons on cable; b) transport of goods by trailers with trailers; c) transport of persons and goods by inland waterway; d) transports made with special vehicles intended for funeral services. + Chapter II Local public transport services of persons + Section 1 Local public transport service of people through regular racing + Article 4 (1) It is considered a local public transport service of persons through regular public transport transport that cumulatively meets the following conditions: a) is carried out by a road transport operator, as it is defined and licensed according to the provisions Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 , as amended, or by an authorized carrier, as it is defined and authorized according to the provisions of this law; b) is carried out within the territorial-administrative area of a locality, respectively within the administrative-territorial area of the metropolitan area, or only between the localities of a county, depending on the type of transport established according to the law. If the route of transport on the rail exceeds the limit of the locality, it will be considered local public transport; ---------- Lit. b) a par. ((1) of art. 4 4 has been amended by section 4.2 1 1 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. c) it is executed on routes and with pre-established circulation programs by the competent authorities designated according to the law; ---------- Li. c) a par. ((1) of art. 4 4 has been amended by section 4.2 1 1 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. d) is carried out by the road transport operator or the authorized carrier with public transport, respectively with buses, trolleybuses, trams or metro, owned or under a lease, registered or registered, as appropriate, in the respective county or locality. Under the conditions of this law, the transport carried out with trolleybuses, trams or metro is carried out by the authorized carriers; e) the persons transported are boarded or landed at pre-established fixed points, called stations or bus stations, as the case may be; f) for the performance of the service, the road transport operator or the authorized carrier charges from the persons transported a transport tariff based on the individual travel cards issued in advance, the regime of which is established by Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended; g) transport by buses is carried out only on the basis of route licenses and specifications, developed and issued under the conditions established by the implementing rules developed and approved by joint order of the Minister of Administration and Interior and the Minister of Transport and Infrastructure, hereinafter referred to as Norme. ---------- Lit. g) a par. ((1) of art. 4 4 has been amended by section 4.2 1 1 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. ((1 ^ 1) Abrogat. ---------- Alin. ((1 ^ 1) of art. 4 4 has been repealed by section 6.6. 2 2 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. (2) The driver of the means of public transport shall be obliged to present at the traffic control the following documents, as the case may be: a) the route licence and its specifications issued by the issuer of the licence; b) the circulation programme; c) the compliant copy of the transport license, in the case of buses; d) other documents established by the laws in force. Note
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* *) art. 15 of Government Emergency Ordinance no. 24/2007 on the establishment of reorganization measures within the central public administration, published in the Official Gazette of Romania, Part I, no. 247 of 12 April 2007, the name "Ministry of Administration and Interior" is replaced by the name "Ministry of the Interior and Administrative Reform".
---------- + Section 2 Local public transport service of people through special regular races + Article 5 (1) It is considered a local public transport service of persons through special regular flights carried out tour-return, on routes and with transport programs predetermined by the beneficiary of the transport service or by the one who has employee service on the transport of persons or groups of persons, namely: transport of children, students and students to and from educational institutions, transport of employees to and from the institutions to which they are employed or the transport of employees of an economic operator to and from work. (2) Local public transport of persons through special regular flights may take place on the territory of the authorization locality or between it and any other locality within that county. ((3) Abrogat. ---------- Alin. ((3) of art. 5 5 has been repealed by section 6.6. 3 3 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. (4) The local public transport service of persons through special regular flights must meet cumulatively the following conditions: a) are executed with buses owned in the property, registered in that county, or on the basis of a leasing contract, on the basis of traffic programs established by the one who hired the transport with the road transport operator; b) is executed by a carrier as defined and licensed according to Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended; c) the persons transported shall board and disembark at specially established stations, in the place where they operate or at home/resident; d) the road transport operator collects from the beneficiary of the transport or from the one who hired the transport the value of the service established in accordance with the provisions of the transport contract concluded between them; e) the persons transported are legitimized on the basis of the valid service card. (5) The driver of the bus is obliged to present at the traffic control the following documents: a) the transport contract concluded between the beneficiary of the transport or the person who employed the transport and the road transport operator; b) the list of persons transported as an annex to the transport contract; c) the licence of the route and its specifications issued by the issuer of the licence; d) the compliant copy of the transport licence; e) other documents provided by the laws in force. + Section 3 Transport service with passenger cars in taxi and passenger cars on a rental basis + Article 6 (1) The public passenger transport service carried out in taxi mode or the public transport of persons carried out with cars on a rental basis is organized as a public utility service that ensures the need to travel the population of the locality or the one in transit. (2) The taxi transport is carried out in the authorization locality and, occasionally, between this and any other locality, with the obligation to return the car to the authorization locality after each race. (3) The transport with cars on a rental basis is carried out in the authorization locality or between it and any other locality, with the obligation to return the vehicle to the authorization locality after carrying out the transport according to contract. (4) Transport in taxi mode or rental transport is carried out by authorized carriers, as well as by the specialized departments or services of the city hall. (5) The local public transport service of persons in taxi mode, as well as the local public transport service of persons with rental cars are regulated by special law, taking into account the provisions of this law, provisions Law of Community Public Utilities Services no. 51/2006 and the provisions Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended. + Chapter III Local public transport service of goods on a contractual basis and in taxi mode + Article 7 (1) The local public transport service for contractual goods shall be organized in order to satisfy the need for the transport of goods of natural or legal persons referred to as transport users. (2) The public transport service of goods on a contractual basis is carried out with the cumulative fulfilment of the following conditions: a) the transport shall be carried out by vehicles or assemblies of vehicles with a maximum permissible total mass not exceeding 3,5 tonnes, owned by the authorized carrier and registered in that county or under a contract of leasing; b) the transport can be carried out in the authorization locality or between the authorization locality and other localities, in county, inter-county or international traffic; c) the transport is carried out by an authorized carrier, on the basis of transport contract concluded with the user of the transport; d) for the performance of the service, the authorized carrier collects, on the basis of fiscal documents, from the user of the transport, the value of the service provided as agreed in the transport contract; e) is assimilated as an authorised carrier any road haulage operator which also uses goods vehicles whose total maximum permissible mass does not exceed 3,5 tonnes. In this case, the transport license is assimilated with the transport authorization. (3) The driver of the vehicle for public transport of goods is obliged to present at the traffic control the following documents: a) the compliant copy of the transport authorization, which is issued by the authorization authority, including for road transport operators holders of a transport license, in accordance with the provisions of par. ((2) lit. e); b) the transport contract; c) the accompanying documents of the goods, which prove the origin and the consignee d) other documents established by the laws in force. + Article 8 (1) The local public transport service of goods in taxi mode is organized as a public utility service in the authorization locality and between it and any other locality, with the obligation to return the vehicle to the authorization locality after each race. (2) The local public transport service of goods in taxi mode is regulated by special law, taking into account the provisions Law no. 51/2006 and the provisions Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended. + Article 9 Local public transport carried out with vehicles in the sanitation service, within the ambulance service or other local public transport services not covered by the head. IV is assimilated by the local public transport of goods under contract and can be carried out on the basis of the transport licence or the transport authorization, as the case may be. + Chapter IV Other local public transport services + Section 1 Local public transport service of people on cable + Article 10 (1) The local public transport service of persons on cable is organized to meet the need for mobility of the population for tourism, sports or leisure purposes. (2) The local public transport service of persons on cable is carried out with the cumulative fulfillment of the following conditions: a) the transport is carried out with specific means of transport, coupled to a moving cable; b) the transport is carried out by the authorized carriers on the basis of the transport programs drawn up by them, approved by the local council, the county council or the General Council of the Municipality of Bucharest, in whose find the departure station; c) the persons transported are boarded or landed at the departure or arrival stations, as the case may be; d) for the performance of the service, the authorized carrier charges and collects from the persons transported a transport tariff on the basis of travel cards, approved by decision by the authority of the respective public administration. (3) The local public transport service of persons with vehicles on cremaliera and the like shall be assimilated with the local public transport service of persons on cable. + Section 2 Local public transport service of goods with trailers with trailers + Article 11 (1) The local public goods transport service, carried out with trailers with trailers, shall be carried out with the cumulative fulfilment of the following conditions: a) the transport is carried out with trailers or semi-trailers towed by road tractors owned by the authorized carrier in the property, registered in that county, or on the basis of a leasing contract; b) the transport is carried out in the authorization locality or between it and other localities in the county or from the surrounding counties; c) transport is carried out by an authorized carrier; d) for the performance of the service, the authorized carrier charges and collects, on the basis of fiscal documents, from the user of the transport, the value of the service provided, as agreed between the parties; e) is assimilated as an authorized carrier any road transport operator who also uses tractors with trailers for freight transport. In this case, the transport license is assimilated with the transport authorization. (2) The driver of the tractor shall be obliged to present at the traffic control the following documents: a) the compliant copy of the transport authorization, which is issued by the authorization authority, including for the transport operators holders of a transport license, according to the provisions of par. ((1) lit. e); b) the tax document certifying that the transport service has been paid in advance; c) the accompanying documents of the goods, which prove the provenance and its consignee, given that the goods are not subject to the goods of the users ' own household; d) other documents provided by law. + Section 3 Local public transport service of persons and goods on inland waterways + Article 12 (1) Local public transport services of persons and goods on inland waterways, considered public transport subsidised services, are regulated in accordance with the provisions of art. 2, with the Law no. 51/2006 , as well as other regulations in force. (2) The local public transport service of persons on inland waterways can be carried out through regular transport services, considered public transport subsidised services and occasional transport services. (3) The public transport programs of persons on routes at local or county level shall be carried out with the approval of the local council, the county council or the General Council of Bucharest Municipality, as the case may be. + Section 4 Local public transport service carried out with special vehicles intended for funeral services + Article 13 (1) The local public transport service carried out with special vehicles intended for funeral services is carried out with the cumulative fulfilment of the following conditions: a) the transport is carried out with specially arranged vehicles owned by the authorized carrier in the property or on the basis of a leasing contract; b) the transport is carried out in the authorization locality or between the authorization locality and other localities; c) for the performance of the service, the authorized carrier charges and collects from the persons who ordered the execution of the service a tariff based on fiscal document. (2) The driver of the vehicle is obliged to present at the traffic control the following documents: a) the compliant copy of the transport authorization issued by the authorization authority; b) the tax document certifying that the respective transport service was paid in advance; c) other documents provided by law. + Chapter V Local public transport services and local public passenger transport systems + Article 14 (1) Local public transport services are carried out through a specific technical-urban infrastructure that, together with the means of transport, forms the local public transport system. (2) The technical and edilitary infrastructure includes: a) constructions, installations and specific equipment for the maintenance, repair and parking of means of transport, such as: depots, autobases, garages, workshops, washing and sanitizing stations, etc.; b) dispatches and special facilities for tracking and coordination in traffic of transport, intervention and troubleshooting vehicles; c) the route of trams and subways; d) equipment, specific means of transport, cables and supporting elements, in the case of cable transport; e) electric contact networks for trams, trolleybuses, metro and for cable transport; f) the power system for power supply networks, transformer-recovery stations, connection systems, power connections related to the contact networks; g) the network of roads, tunnels, waterways, galleries and metro stations, as well as related constructions and installations; h) street design, such as: embarkation-landing stations, points of sale of travel cards; i) bus stations and terminals for embarkation, disembarkation or exchange of passengers; j) river stations. (3) By means of transport intended for the local public transport service of persons shall be understood: a) buses-motor vehicles intended and equipped for the transport of persons and their luggage, as defined in Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended; a ^ 1) urban buses; ---------- Lit. a ^ 1) a par. ((3) of art. 14 14 was introduced by section 4.2. 3 3 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. b) trams; c) trolleybuses; d) Metro trains; e) specific means of transport, in the case of cable transport; f) cars; g) passenger or cargo ships on inland waterways. + Article 15 The components of the technical-urban infrastructure related to local public transport can be found in the public or private property of the state, of the administrative-territorial units or in the property of legal entities of private law. According to the legal provisions, the components of the technical-urban infrastructure are highlighted and inventoried in the real estate cadastres of the administrative-territorial units, under the law. + Chapter VI Authorities and powers + Article 16 (1) Local councils, county councils, as well as the General Council of the Municipality of Bucharest are obliged to ensure, organize, regulate, coordinate and control the provision of public transport services carried out within administrative-territorial thereof, as well as to set up public transport companies if they do not exist. (2) Local public administration authorities have the obligation to establish and apply the medium-and long-term strategy for the expansion, development and modernization of local public transport services, taking into account urban planning plans and the spatial planning, the economic and social development programs of the localities and the local public transport requirements, their evolution, as well as the use of means of transport with reduced energy consumption and minimum emissions of noxes. (3) The county councils are obliged to establish: a) county transport authorities to ensure, organize, regulate, coordinate and control the provision of the public transport service of persons through regular services, carried out between the localities of the county, including in the case in which they have set up a community development association, as well as to set up county public transport companies of persons through regular necessary races, if they do not exist; b) parity commissions, which will include a representative of the county council and the agency of the Romanian Road Authority-A.R.R. in that county, through which to ensure proposals for the award of the public passenger transport service through regular services and assignment of route licenses. ---------- Alin. ((3) of art. 16 16 has been amended by section 4 4 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. (4) County Councils shall coordinate and cooperate with local councils on the provision and development of public passenger transport service through regular county interest races and for its correlation with transport services. local public of people at the level of localities. (5) Administrative-territorial units may be associated with each other, according to the law, in order to ensure and develop local public transport services by regular flights, as well as for the common interest exploitation of the local public transport of persons through regular flights under conditions established by the present law and by Law no. 51/2006 . ((6) Abrogat. ---------- Alin. ((6) of art. 16 16 has been repealed by section 6.6. 4 4 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. + Article 17 (1) Local councils, county councils and the General Council of Bucharest have the following tasks: a) the assessment of the transport flows of persons and goods and the determination on the basis of the specialized studies of the local public transport requirements, as well as the anticipation of their evolution; b) the establishment of main and secondary routes and transport programs regarding the public transport of persons through regular flights and their assignment with the assignment of the service, in accordance with the provisions of this law; c) periodic updating of the routes and transport programs according to the population's travel needs and in correlation with the intercounty, international, railway, air or naval public transport of existing persons, as well as the correlation between the modalities of the local public transport service of persons with buses, trolleybuses, trams, metro and taxi, as the case may be; d) preparation and follow-up of the programs for the establishment, rehabilitation, extension and modernization of local public transport systems, under the law; e) approval of feasibility studies on the establishment, rehabilitation, modernization and extension of a part or of the entire local public transport system, owned by public or private property of administrative-territorial units or in administration of local public administration authorities as well as community development associations; f) design and execution of investment works in technical-urban infrastructure related to local public transport systems in a unified conception, correlated with the economic and social development programs of localities/counties, with the plans for urban planning and planning, environmental protection, with the modalities of carrying out the respective services and in accordance with the legal regulations in force; g) intercommunity association under the law, in order to carry out investments of common interest in the field of technical-urban infrastructure related to the local public transport system, as well as its administration; h) the concession, as well as the conclusion of the contracts for the award of the management of the local public transport service of persons and the related technical-publishing infrastructure from the public or private property of the localities; i) granting of facilities and subsidies to road transport operators and authorized carriers that carry out local public transport of persons, to ensure the supportability of costs by users, support and encouragement the development of the service, in compliance with the tax legislation j) authorization of carriers, called authorized carriers, as defined by this law, for their realization of the local public transport service, namely: 1. public transport of people through regular flights executed by trams, trolleybuses, metro trains; 2. local public transport of persons or goods in taxi mode; 3. Local public transport of people with cars on a rental basis; 4. local public transport of goods on a contractual basis; 5. other local public transport services, except for the transport of goods and persons on the inland waterways that are carried out on the basis of transport licenses issued by the Romanian Naval Authority; k) financing or, as the case may be, contracting or guaranteeing, under the law, loans for the realization of investment programs aimed at the development and efficiency of transport services, as well as the establishment, rehabilitation, development, modernization and extension of the local public transport system belonging to the patrimony of administrative-territorial units; l) elaboration and approval of local rules and regulations of local public transport services, in consultation with the professional and employers representative associations of road transport operators and authorized carriers, as well as of territorial trade union organisations in the field; m) the establishment, adjustment and modification of the travel tariffs for the local public passenger transport service, in compliance with the legal provisions on the way of management of the service; n) establishment of the subsidy granted from the local or county budget, as the case may be, to cover the difference between the costs recorded by the road transport operator or the authorized carrier, as the case may be, for carrying out the service actually collected as a result of the transport; o) ensuring budgetary resources for the total or partial support of the public transport costs of persons for some disadvantaged social categories, established by decisions of the local councils, of the county councils, of the Council General of Bucharest Municipality, as appropriate, or by law; p) approves the assignment of route licences for carrying out public transport of persons through regular flights or public transport of persons through special regular flights, as the case may be. ---------- Lit. p) a par. ((1) of art. 17 17 was introduced by section 4.2. 6 6 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. (. In the exercise of their duties, the local public administration authorities shall adopt decisions or issue provisions, as appropriate. (3) Against the decisions or provisions of the local public administration authorities, interested natural or legal persons may apply to the administrative court, under the law. (4) The public passenger transport program through regular flights between Ilfov County and Bucharest, extended in accordance with the provisions art. II para. (1) of Government Ordinance no. 27/2010 to amend and supplement Government Emergency Ordinance no. 109/2005 on road transport, will be taken over and managed by the Ilfov County Council as a county transport program, respecting its shelf life. ---------- Alin. ((4) of art. 17 17 has been introduced by section 7 7 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. + Article 18 (1) The authorities of the local public administration, in the relations with the road transport operators or authorized carriers that carry out the local public transport services, have the following rights: a) to convene for hearings road transport operators or authorized carriers, in order to establish the necessary measures to remedy some deficiencies in the execution of those services; b) to analyze, verify and approve the supporting documentation for adjusting the travel rates proposed by road transport operators and authorized carriers in correlation with the regulations in force aimed at ensuring the rate cost-bearability for users; c) to regularly check and control how to carry out the local public transport service; d) to update public passenger transport programmes through regular flights in accordance with the transport requirements; e) to sanction road transport operators or authorized carriers if they do not provide the service to the performance, efficiency and quality parameters to which they were obliged by the contract for the award of the management and the tasks. (2) In the case of serious deviations of the road transport operators or authorized carriers, the local public administration authorities may, as the case may be, terminate the contract for the award of the service and/or request reasoned to the issuer the withdrawal of the transport licence or authorisation, as appropriate. + Article 19 Local public administration authorities have the following obligations to road transport operators and authorized carriers: a) ensure equal and non-discriminatory treatment for all road transport operators and authorised carriers; b) ensure the access of road transport operators and authorized carriers for the realization of local public transport services in a competitive and transparent environment; c) to regulate, through local norms, the organization and functioning of each local public transport service; d) preserve the confidentiality of information other than public information on the activity of road transport operators and authorised tranporters; e) to ensure the financing agreed by the rules on the management of the services, if applicable; f) comply with the obligations they have assumed through the contracts for the award of management, including those relating to the regime of investments made by road transport operators and authorized carriers from their own funds. + Article 20 (1) The competent regulatory authorities at central level for the field of local public transport services are the Romanian Road Authority, the Romanian Naval Authority and the Romanian Railway Authority of the Ministry of Transport, Construction and Tourism, hereinafter referred to as A.R.R., A.N.R. and A.F.E.R., respectively, as well as the National Regulatory Authority for Community Services of Public Utilities, hereinafter referred to as A.N.R.S.C. (2) A.R.R. has, mainly, the following tasks: a) grant to road transport operators transport licenses, in accordance with the provisions Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended; b) monitor and control compliance by transport operators with the conditions imposed by transport licences, as well as by the legal regulations in force on road transport; c) ensure the correlation of the transport programs of county persons with the transport programs of intercounty and international persons in order to approve them by the county councils; d) participate in the parity commissions for proposals for the award of public passenger service by regular flights and award of route licenses for public transport of persons through regular races on county trails, in compliance with this law; ---------- Lit. d) a par. ((2) of art. 20 20 has been amended by section 4.2 8 8 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. e) elaborates, in accordance with the provisions of the present law, as well as the laws in force, framework regulations and specifications of framework tasks for carrying out local public transport, except for public transport on inland waterways, a transport in taxi and rental mode and metro transport; ---------- Lit. f) a par. ((2) of art. 20 20 has been repealed by section 6.6. 9 9 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. (3) A.N.R. has, mainly, the following tasks: a) develop the framework regulation for carrying out public transport on inland waterways; b) grant transport licences for inland waterway transport operators; c) endorses the transport programs of persons drawn up by the respective public administration authorities. (4) A.F.E.R. has, mainly, the following tasks: a) develop the framework regulation for carrying out public transport of people with metro trains; b) grants transport licences for transport operators with metro trains. (5) A.N.R.S.C. has, mainly, the following tasks: a) regulates the organization and functioning of the authorization authorities within the local, county public administration or the General Council of the Municipality of Bucharest; b) develop framework rules on how to award transport authorizations, service delegation contracts, as well as framework rules on the establishment, adjustment and modification of tariffs, determine the indicators of performance and modalities for the assessment of local public transport services; c) develop the framework regulation for the authorization of specialized transport compartments or services within the local public administration both as authorization authorities and as road transport operators, if applicable, approved by order of the President A.N.R.S.C.; d) authorizes, as the case may be, the own structures of the local councils, the county councils, the General Council of Bucharest, as well as of the development associations that request to become authorized carriers; e) monitor and sanction deviations from the activity of local public administration authorities, transport operators and authorized carriers, regarding: 1. compliance with the legal procedures for the award of the service; 2. compliance with the procedures for setting, adjusting or amending the tariffs, in accordance with the framework rules. (6) Local and county public administration authorities are regulatory authorities in the field of local public transport and through the authorization authorities shall exercise to all transport operators and authorized carriers, regardless of the manner of management adopted, the form of ownership or the way of organization, the powers and powers granted by Law no. 51/2006 and by this law. (7) Local or county regulatory authorities shall carry out regulations on the organization and functioning of each local public transport service, in accordance with the existing framework regulations, with the provisions of this law and with other regulations in force. ((8) Abrogat. ---------- Alin. ((8) of art. 20 20 has been repealed by art. 12 of ORDINANCE no. 21 21 of 30 August 2011 , published in MONITORUL OFFICIAL no. 623 623 of 1 September 2011. + Chapter VII Administration of local public transport services + Section 1 General provisions + Article 21 (. Local public transport services may be managed by assigning them in the following ways: a) direct management; b) delegated management; c) other modalities established by this Law. (2) The choice of the method of awarding the local public transport services is made, under the present law, as well as the Law no. 51/2006 , by decision adopted by the local councils, the county councils or the General Council of Bucharest, as the case may be. ((3) Regardless of the method of award adopted, the activities specific to the local public transport service shall be organized and carried out in accordance with the provisions of the local public transport services regulations developed by the authorities local transport and approved by decisions of the local councils, the county councils and the General Council of the Municipality of Bucharest, as the case may be, based on the framework regulation of the local public transport service, developed by A.R.R., A.F.E.R. and A.N.R., as appropriate. (4) The assignment of transport services management will be carried out in accordance with the provisions of the framework procedures for the award of contracts for the delegation of the management of local public transport services. (5) The goods and components of the local public or private transport systems of the respective public administration will be able to be put into service for the provision of the public transport service to the transport operators or authorised transporters who have been assigned the management of the service. (6) The assignment of goods and components of the transport systems referred to in par. (5) is made by delegated management, ending a concession contract, in accordance with the provisions of the legislation in force. + Section 2 Direct management + Article 22 (1) In the case of direct management, the local public administration authorities shall directly assume the provision of the local public transport service and all tasks and responsibilities, according to the law, regarding the organization, coordination, exploitation, the financing and control of the operation of the local public transport service, and the administration of the related public utility (2) The direct management is carried out through road transport operators that are own structures of the local, county public administration authorities of the General Council of Bucharest Municipality or of the associations of community development established in accordance with the provisions Law no. 51/2006 ,, and which are holders of licences or transport permits. (3) The direct management is carried out by decisions of the local councils, the county councils or the General Council of the Municipality of Bucharest, regarding the assignment and administration of the service. + Section 3 Delegated management + Article 23 (1) The delegated management is the form of concession award of the local public transport service through which the local public administration authorities transfer to one or more road transport operators or authorized carriers with public, private or mixed capital, its own tasks and responsibilities with regard to the actual provision of the service, as well as the operation, maintenance, rehabilitation and modernisation of public property relating to the transport system local public, on the basis of a contract for the delegation of management. (2) Within a locality, a community development association or a county, the local public transport service will be assigned under delegated management by decision of the local council, the county council or the General Council of Bucharest Municipality, respectively, of the community development association, as the case may be. + Article 24 (1) The local public transport service of persons through regular, motor vehicles or ships shall be carried out by contract of delegation of management, on the basis of the transport authorization or the transport licence, as the case may be, to which the the authorization shall issue, for each means of transport established, a true copy thereof, as well as the contracts for the management of the service, in accordance with the conditions of concession, by tender, of the service. ---------- Alin. ((1) of art. 24 24 has been amended by section 10 10 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. (2) The local public passenger transport service carried out by taxi cars is carried out by contract of delegation of management, on the basis of the transport authorization, to which the authorization authority releases for each means of transport established a compliant copy of it in accordance with the conditions of concession, by tender, of the service, taken over by the contract for the award of the management. The assignment of the service of passenger transport on cable or the like is carried out by the same award procedure. ((3) The other local public transport services are carried out on the basis of the transport authorization or the transport license, as the case may be, to which the authorization authority issues their compliant copies, according to the holders ' request, depending on the the number of means of transport used according to the affidavit. + Article 25 The concession of the local public transport service is done by contract of delegation of management and in compliance with the procedure of delegation of management, according to the provisions Law no. 51/2006 , and respecting the provisions of this law. + Article 26 The content of the delegation contract will be determined by the documentation of the delegation of management, in accordance with the provisions Law no. 51/2006 . + Article 27 (1) In the case of road transport operators referred to in art. 30 30 para. ((2) lit. a) and b) and of the authorized carriers referred to in art. 30 30 para. ((3) lit. a) and b), the delegation of management of the local public transport service shall be awarded directly to them, without tender, by contract of delegation of management. (2) If after the conclusion of the contract for the delegation of management the local or county public transport service by regular flights extends on new routes or by extending existing routes, these routes will be assigned as follows: a) the extended routes will be assigned to road transport operators or authorized carriers serving the initial routes; b) the new routes will be awarded by concession and contracts for delegation of management according to the provisions of this law. + Article 28 (1) The duration of the delegation of the management of the local public transport service shall be established by contracts for the delegation of management by the local public administration authorities and must be correlated with the average duration of depreciation of all means of transport held in the property or under a lease, but not more than: a) 6 years for transport made by buses; b) 10 years for shipments made with trams, trolleybuses and means of transport on cable; c) 5 years for river transport; d) 5 years for taxi and rental transport. (2) During the contract of delegation of management, in accordance with their duties under the law, the local public administration authorities shall retain the prerogatives regarding the adoption of policies and their own development strategies. the service and the local public transport system, as well as the right to supervise and control the conduct of the service with regard to: a) compliance with and fulfilment of contractual obligations assumed by road transport operators or authorized carriers; b) the rhythmic performance of the service, compliance with the scheduled routes and daily and weekly schedules; c) the development and modernization of the local public transport system, as well as the administration, operation and maintenance of it; d) compliance with the procedures for the training, establishment and periodic adjustment of the tariffs for the local public transport service. + Chapter VIII Operators and users + Section 1 Operators of local public transport service + Article 29 (1) The local public transport service may be awarded for execution, under direct or delegated administration, to road transport operators holders of transport licenses issued or recognized by A.R.R., A.F.E.R. and A.N.R., as the case may be, or authorized carriers of a person or goods transport authorization, issued, under the law, by the authority of the local public administration, appointed in this case authorizing authority. (2) It is prohibited to holders of contract award contracts to conclude with third parties contracts for the subdelegation of activities for the award of management of transport services. ((3) The divestment of the contracts for the award of the management by their holder to another company is admitted only if this company is the result of division, merger or establishment as a subsidiary of the holder's company, with the approval of the respective local public authorities in compliance with the initial conditions for the award of management + Article 30 (1) They may execute local public transport of persons and goods by road transport operators and authorized carriers. (2) Road transport operators are holders of transport licenses issued by A.R.R. under the law. These may be: a) companies established by local public administration authorities or community development associations, holders of valid transport licenses; b) commercial companies resulting from the administrative reorganization of autonomous regions of local or county interest or of specialized public services subordinated to the local public administration authorities, whose share capital is held, in whole or in part, as owner or co-owner by the units of the respective public administration, holders of valid transport licences; c) companies with private or mixed share capital, holders of valid transport licences; d) compartments or specialized local transport services as own structures of local public administration authorities or community development associations with or without legal personality, as defined in art. 22 22 para. ((2). (3) Authorized carriers are carriers that hold transport permits issued by the authorization authority, which is the specialized local transport department or service subordinated to the city hall, the county council or the General Council of Bucharest, as the case may be. These may be: a) companies established by the local public administration authorities, holders of valid transport permits; b) commercial companies resulting from the administrative reorganization of autonomous regions of local or county interest or of specialized public services subordinated to the local public administration authorities, whose share capital is owned, in whole or in part, as owner or co-owner, by the units of the respective public administration, holders of valid transport permits; c) companies with private or mixed share capital, holders of valid transport permits; d) natural persons or family associations authorized to provide local public transport of goods or persons, holders of valid transport permits. (4) I can provide local public transport service in direct management mode compartments or specialized services provided in par. ((2) lit. d). (5) I can provide local public transport service in delegated management mode to the road transport operators referred to in par. ((2) lit. a)-c) and carriers authorized in compliance with the legal provisions on the conclusion of the contract of delegation of management. (6) I can provide local public transport service in delegated management, with contract for delegation of management without tender, by direct granting, road transport operators provided in par. ((2) lit. a) and b) and authorized carriers referred to in par. ((3) lit. a) and b). (7) The loss of the validity of the transport licence by road transport operators or the validity of the transport authorisation by the authorised carriers shall result in the loss of the quality of road transport operator, respectively. by the authorized carrier, and the cancellation of the decision to administer the service or the cancellation of the contract of delegation of the management of the service, as the case may be. + Article 31 If a carrier carries out both public road transport of people through regular local and county races, intercounty or international, for local or county transport, as the case may be, the road transport operator will keep a separate record of the activities carried out, with separate accounting for each service provided, so that its activities, according to the transport licences obtained, can be assessed, monitored and controlled. + Article 32 (1) The rights and obligations of road transport operators and authorized carriers carrying out local public transport activities shall be provided, according to Law no. 51/2006 , in the regulations and specifications of local public transport services approved by the local public administration authorities, annexed to the decisions of administration, respectively to the contracts for delegation of management approved by award decisions. (2) Road transport operators or authorized carriers operating on the basis of a contract of delegation of management have the right to interrupt the provision of the local public transport service in case of non-compliance with the obligations contractual by the local public administration authorities, with the obligation to notify the interruption of the provision of the service within the deadline and conditions provided for by the contract of delegation of the management. + Article 33 (1) Road transport operators or authorized carriers that execute local public transport and who are organized as commercial companies with social capital belonging to administrative-territorial units can be privatized, under the conditions the law, only on the basis of the decision of the local council, the county council, the General Council of the Municipality of Bucharest or the associations of community development, (2) Privatization of road transport operators or authorized carriers, provided in par. (1), as well as the sale of goods from the private domain of administrative-territorial units related to local public transport systems shall be made only within the procedure of delegation of the management of services, carried out under the law. + Article 34 ((. In order to achieve the objectives and tasks assigned to them, road transport operators and authorised carriers shall ensure: a) equipping and providing maintenance and repair operations necessary for the park of means of transport, established by the contract for the award of the management; b) compliance with transport capacities and transport programs imposed by the contract for the award of management; c) maintaining the proper technical condition of vehicles, auxiliary facilities and cleaning. (. Road transport operators and authorised carriers carrying out local public transport shall have the following obligations: a) to comply with the obligations established by the contracts for the award of management, by the specifications, by the regulation of organization and functioning of the service, as well as by the provisions of this law; b) to provide the local public administration authority with the requested information and to ensure access to all necessary information, in order to verify and evaluate the operation and development of the local public transport service. + Section 2 Users of the local public transport service + Article 35 (1) They have the status of users the beneficiaries of local public transport services natural or legal persons. (2) The main rights of users are as follows: a) users have the right to benefit, free and non-discriminatory, from the local public transport service, which must be expressly provided in the regulation of the local public transport service which has been approved by the local council, the council the county and the General Council of the Municipality of Bucharest or of the associations of community development, as b) Users have the right to access public information about the local public transport service. Local public administration authorities are required to communicate information on quality of service indicators, tariff structure and contractual clauses that are of public interest; c) the decisions of the local councils, of the county councils or of the General Council of Bucharest Municipality regarding the local public transport will be brought to the attention of the users; d) the users have the right to challenge the decisions of the local councils, the county councils or the General Council of the Municipality of Bucharest, as the case may be, in order to prevent or repair a direct or indirect damage caused by them, under the law; e) to request and receive, under the law, compensation or compensation for damages caused to them by road transport operators or carriers authorized by non-compliance with the obligations assumed by the contracts for the award of management; f) to notify the local public administration authorities of any deficiencies found in the performance of local public transport services and to make proposals aimed at removing them; g) to give up, under the law, the contracted services; h) to be consulted, directly or through representative non-governmental organizations, in the process of elaboration and adoption of decisions, strategies and regulations on the local public transport service; i) for the payment of the local public transport service, certain categories of users, individuals, benefit, under the law, from the facilities. (3) The main obligations of users are: a) hold valid travel cards or other transport documents established by law; b) to pay the cost of travel passes valid for the journeys they make, in accordance with the said tariffs; c) to pay, within the set deadlines, the value of the service provided/provided on the basis of contracts; d) not to prejudice the goods of public or private transport systems; e) have a civilized behavior in relation to the staff of the service providers, as well as with the other users. + Chapter IX Licences and authorisations + Article 36 (1) The granting of transport permits for the execution of local public transport shall be made by the authorization authority, in compliance with the framework regulation for granting authorisations. (2) The authorization authority shall grant the transport authorization on the basis of the examination and evaluation of the carrier's experience, its professional capacity, the honorability, the economic and financial capability, the necessary technical capacity and endowment to ensure the quality and continuity of service. (3) In order to obtain transport permits, carriers are obliged to submit the following documents: a) the certificate of registration at the trade register, as a carrier; b) self-declaration regarding the periods in which he has carried out local public transport, mentioning the case in which he had the suspension or prohibition to perform the respective service; c) copy of the certificate of professional competence of the designated person, as defined in Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 , as amended, and proof that the designated person is employed by the carrier. In the case of natural persons or family associations authorized as a carrier, the designated person must be the natural person or one of the members of the family association; d) letter of financial creditworthiness issued by a bank; e) affidavit regarding the fact that it is not involved in any criminal case concerning crimes of a commercial nature, regarding non-compliance with the conditions of payment and employment of personnel, as well as for violation of legal provisions on transport; f) self-declaration stating the means of transport held in the property or on the basis of a leasing contract, which he wishes to use in the execution of the local public transport service; g) self-declaration on the material basis it holds in the property or on the basis of a lease. + Article 37 (1) The assignment in direct or delegated management, according to the law, of the local public transport service of persons through regular flights shall be completed by issuing the route licenses to road transport operators or authorized carriers Those. (2) With the approval of the local public or county public transport program by regular flights, made with buses, trolleybuses, trams or metro trains, as the case may be, local councils, county councils and the General Council of The city of Bucharest, as the case may be, will determine the modalities of the award in management, for the execution of the local public transport service, on the entire network of routes, by groups of routes ((3) If the routes of the local public passenger service by regular flights cannot be served by a single road transport operator and/or authorized carrier, the local public administration authority shall have the right to decide to assign management to groups of separate routes or for one route only and will conclude, where appropriate, management contracts or management contracts, with 2 or more road transport operators or authorized carriers, designated winners. (4) In the case of local public transport of persons carried out with trolleybuses, trams, metro trains or cable transport, no route licences will be issued, the respective routes being mentioned in the management contracts. (5) In the situation referred to in par. (3), in the contracts for the award of the management of the local public transport service, clauses regarding the validity of individual travel cards issued for each of the road transport operators or carriers will be established authorised, as the case may be, on all public transport. (6) If the respective contracts with 2 or more road transport operators or authorized carriers designated as winners are concluded between them and the authority of the local public administration, a contract of distribution of receipts from the sale of individual travel cards with validity on all means of transport, establishing the concrete way in which the income due to each transport operator will be distributed road or transporter authorized. (7) Individual travel cards have the regime established in accordance with the provisions of the Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 ,, as amended. (8) A route licence shall contain all the races to be carried out on that route, according to the transport programme adopted. (9) The route licences for the local public transport of persons carried out by regular flights shall be issued by the authorization authority on the basis of the decision of the local council, the county council or the General Council of Bucharest, where applicable, the administration or the award decision in delegated management of the local public transport service without tender, and the decision to grant the delegated management carried out following the tenders. The validity of the route licences is a maximum of 3 years. (10) In the case of county public transport of persons carried out by regular flights, the route licences shall be awarded by decision of the county council, based on the proposals of the parity commission consisting of a representative of the county council and of the agency A.R.R. of that county, and shall be issued/issued by the respective agency A.R.R. ---------- Alin. ((10) of art. 37 37 has been amended by section 11 11 of art. I of LAW no. 163 163 of 11 July 2011 , published in MONITORUL OFFICIAL no. 519 519 of 22 July 2011. ((11) Abrogat. ---------- Alin. (11) of art. 37 37 has been repealed by section 6.6. 5 5 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. + Article 38 (1) The assignment in direct or delegated management of the local public transport service within a administrative-territorial unit shall be made only on the basis of the transport authorization held by the authorized carriers or the transport license owned by road transport operators. ((2) The proof of the award of the local public transport service is the compliant copy of the transport authorization or the transport licence issued by the authorising authority for each vehicle proven to be owned or on the basis of a leasing contract, used in carrying out transport according to the provisions of the award contract I am an exception, in terms of the obligation to hold compliant copy, trams, trolleybuses, metro trains and cable transport. ((. In the case of the imposition of a limited number of motor vehicles in the performance of a local public transport service, the priority of issuing the compliant copies of the transport authorization shall be for vehicles held in the following order a) vehicles owned in the property; b) vehicles held under a lease agreement. (4) In the case of a road transport operator holding vehicles exempted from the provisions Government Emergency Ordinance no. 109/2005 , approved with amendments and additions by Law no. 102/2006 , as amended, and which may be used to carry out the local public transport service, the compliant copy of the transport authorization shall be issued on the basis of the transport licence held. (5) In the case of the public transport service in taxi mode, the compliant copy of the transport authorization containing the award number and the movement number of the vehicle shall mean the taxi authorization of that vehicle. (6) The transport authorization and the compliant copy shall be issued for a period of no more than 5 years, and may be extended, upon request, with the verification of the fulfilment of the original issuing conditions. (7) In the case of the local public passenger transport service by special races, the authorization authority will issue to road transport operators, on request, the license for each local or county route that they carry out the transport, in compliance with contracts concluded with transport beneficiaries. The duration of the route license is compliant with the duration of the contract, but not more than 3 years + Article 39 (. The authorization of carriage shall be withdrawn by the authorization authority if the authorized carrier no longer fulfils the conditions which were the basis for granting it or where it has provided documents containing information erroneous on the occasion of the request for a transport authorisation. In case of withdrawal of the transport licence or the transport authorisation, their compliant copies and route licences shall have the same regime. (2) The compliant copies of the transport licence or the transport authorization shall be suspended by the authorising authority in the event of serious or repeated deviations from the provisions of the contracts for the award of the service, as well as from the regulations in force on road transport and/or environmental protection. (3) The route license shall be withdrawn with a prior notification of 60 days, in case of serious deviations from the provisions of the specification. In the 60-day period, the local public administration authorities will organize the assignment of the respective service in the management of another road transport operator. + Article 40 The transport licence, route licence, transport authorisation and their compliant copies, issued to a carrier or an authorised carrier, cannot be used by other persons to carry out motor vehicles. held public transport activities. + Chapter X Financing of the local public passenger transport service + Article 41 ((1) The financing of the current and capital expenditure necessary for the performance of the local public passenger transport service through regular flights shall be ensured from the revenues of the transport operators or authorized carriers. ((2) The revenues of the road transport operators and the authorized carriers shall be formed from the collection of the service users of the tariffs, hereinafter referred to as travel charges, representing the value of the service provided, and/or subsidies from the state budget and local budgets, calculated as the difference in tariff, under the law. ((3) The amounts necessary to finance the operation and operation of local public transport services, derived from subsidies from the local budget, shall be provided in the local budgets and shall be approved with them by decisions of the local councils, the councils county or the General Council of Bucharest, as the case may be. ((4) The sources of financing of capital expenditures for the realization of the public investment objectives of the administrative-territorial units, related to the local public transport systems, shall be ensured according to Law no. 51/2006 . ((5) The financing of investments for the establishment, rehabilitation, modernization and/or development of local public transport systems of persons is made from local budgets, from the state budget or from private funds, based on the decisions of the councils local, of the county councils, of the General Council of Bucharest or of the Government, as the case may be, in compliance with the legislation in force on public finances, namely local public finances, and the legislation in force on public procurement. ((6) In the case of delegated management, the goods carried out as a result of investments for the rehabilitation, modernization and development of local public passenger transport systems, financed by the own funds of road or road transport operators authorized carriers, remain in their property for the duration of the contract of delegation of management. The contract for the delegation of the management of the service will define the categories of goods and will specify the way of distribution of return goods or takeover goods made until the termination, of any case, of the delegation contract the management of the service and any compensation. + Article 42 (1) The financial coverage of the cost of travel made by persons who benefit, according to the law, from gratuity to individual travel cards shall be ensured from the state budget, local budgets or budgets of other institutions established by law. (2) Coverage of financial influences resulting from tariff reductions on individual travel passes for the local public passenger transport service, approved for certain categories of persons by local councils, by councils the county or the General Council of the Municipality of Bucharest, as the case may be, or the coverage of the differences between the costs recorded by the road transport operator or the authorized carrier for the performance of the service following the sale of individual travel cards shall be ensured from the budgets local communes, cities, municipalities or counties, as the case may be, up to the level of sales tariffs to the population of individual travel cards. (3) The concrete conditions in which the cost of travel according to the provisions of par. (1) and (2) or the costs incurred for carrying out local public transport on unprofitable social routes will be determined by the decision to be given in administration or by the contract to delegate the management of the local public transport service, in compliance with the legal provisions in force. + Article 43 The procedure for determining the charges levied for the provision of the local public passenger transport service shall be specified in the decisions for the administration of the service, respectively in the contracts for the delegation of management and shall take account of following rules: a) the tariffs and subsidies collected by the road transport operator or the authorized carrier following the provision of the local public passenger transport service must cover at least the amounts invested and the current maintenance expenses and exploitation of that local public transport system; b) the tariffs are periodically updated by indexing with the index of increase in consumer prices, by decision of the local councils, county councils or the General Council of the Municipality of Bucharest, as the case may be; c) the conditions that generate the change of tariffs or subsidies, as well as the specific procedures applied for such situations are provided for in the contracts for the award of management; d) the modification of tariffs or subsidies is approved by decision of the local councils, county councils or the General Council of Bucharest Municipality, as the case may be. + Article 44 The level of tariffs applied by transport operators or carriers authorised in local public transport of persons through regular or taxi flights will be criteria for granting the management of that service, by Concession. + Chapter XI Liabilities and penalties + Article 45 (1) The violation of the provisions of this law attracts disciplinary, patrimonial, civil, contravention or criminal liability, as the case may be. (2) It constitutes a contravention and is sanctioned with a fine of 100 lei to 500 lei, individuals, who travel by means of public transport of persons without valid travel title or refuse to present to the control bodies the title respectively travel, which have an uncivilized behavior or that harm means of transport. (3) It constitutes a contravention and is sanctioned with a fine of 1,000 lei to 3,000 lei, civil servants liable for the following facts: a) failure to perform or defective the provisions on the assignment of service management and route licenses; b) non-compliance with 19 on the obligations assumed by the authorities through the contracts for the award of management; c) non-compliance with 20 on the powers of the regulatory authorities for the field of local public transport service; d) non-compliance with 36 on the granting of transport authorisations; e) non-compliance with 39 on the withdrawal or suspension of transport authorisations. (4) It constitutes a contravention and is sanctioned with a fine of 1,000 lei to 3,000 lei, economic operators who have not properly inscribed the means of transport used for transport on their own. (5) It constitutes a contravention and is sanctioned with a fine of 1,000 lei to 3,000 lei, the driver, for the following facts: a) non-compliance with 4 4 para. ((2), art. 5 5 para. ((5), art. 7 7 para. ((3), art. 11 11 para. ((2) and art. 13 13 para. ((2) on the refusal to submit to the control the corresponding documents; b) non-compliance with 5 5 para. ((4) lit. c) respecting the boarding/disembarkation points of travellers. (6) It constitutes a contravention and is sanctioned with a fine of 5,000 lei to 10,000 lei, civil servants for non-compliance with the provisions of art. 18 18 para. ((1) lit. e) regarding the sanctioning of economic operators who do not provide the services to the performance parameters they have obliged to. (7) It constitutes a contravention and is sanctioned with a fine of 10,000 lei to 30,000 lei, road transport operators and authorized carriers, for the following facts: a) non-compliance with 4 4 para. ((1) on the conditions under which local public transport of persons is carried out through regular flights; b) non-compliance with 5 5 para. ((2) and par. ((4) lit. d) regarding the conditions under which the local public transport of persons is executed by special regular flights; ---------- Lit. b) a par. ((7) of art. 45 45 has been amended by section 4.2 6 6 of art. II of LAW no. 8 8 of 6 January 2012 , published in MONITORUL OFFICIAL no. 20 20 of 10 January 2012. c) non-compliance with 7 7 para. ((2) on the conditions under which public transport of goods is carried out under contract; d) non-compliance with 10 10 para. ((2) on the conditions under which the transport of persons on cable is executed; e) non-compliance with 11 11 para. ((1) on the conditions under which the carriage of goods by trailers with trailers is carried out; f) non-compliance with 13 13 para. ((1) on the conditions under which transport by special vehicles intended for funeral services is carried out; g) non-compliance with the obligations provided for in the management contracts; h) non-compliance with 30 30 on legal persons who can execute local public transport of persons or goods; i) non-compliance with 31 on distinct highlighting in accounting for each activity carried out; j) non-compliance with 32 32 para. ((1) respecting the regulations and specifications of local public transport services; k) non-compliance with 34 on the obligations of transport operators and carriers authorized in the realization of local public transport services; l) non-compliance with 37 37 para. ((7) on the regime of travel cards; m) non-compliance with 40 40 regarding the use by a transport operator or authorized carrier of the documents issued for another transport operator or authorized carrier. (8) Finding the contraventions provided in par. (2)-(7) and the application of sanctions shall be made by the powers of the presidents of the county councils, mayors of the communes, towns and municipalities, as well as by the police officers and/or police officers of the Romanian Police who have the quality of Road police, as appropriate. ---------- Alin. ((8) of art. 45 45 has been amended by section 15 15 of art. I of LAW no. 168 168 of 14 July 2010 , published in MONITORUL OFFICIAL no. 505 505 of 21 July 2010, amending section 1 1 of art. III of EMERGENCY ORDINANCE no. 34 34 of 12 April 2010 , published in MONITORUL OFFICIAL no. 234 234 of 13 April 2010. (9) Local councils, county councils and, as the case may be, the General Council of Bucharest will determine, according to the provisions 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, the facts that constitute contraventions in the field of local public transport service, other than those provided in par. ((2)-(7) or in other legal regulations. + Article 46 Contraventions provided in art. 45 45 para. (2)-(7) the provisions applicable 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, except those of art. 28. + Article 46 ^ 1 (1) In the case of use for the transport of a motor vehicle without holding the following valid documents, as the case may be, the transport authorization, its compliant copy, the route license, the right of use of the vehicle, by the detention by the police officers and/or police officers of the Romanian Police who have the status of road police officers of the plates with the registration number and the registration certificate, also applying the contravention sanction proper. (2) Officers and/or police officers of the Romanian Police who have the status of road police officers have the right to hold the plates with the registration number, as well as the documents provided in par. ((1), if they have the validity exceeded or do not comply with the transport carried out. (3) The plates with the registration number together with the registration certificate and a copy of the minutes of finding the contravention and retaining the plates with the registration number and the registration certificate, as well as the documents, as the case may be, shall be delivered, within a maximum of 24 hours, to the county police inspectorate, respectively to the General Police Department of Bucharest, which notifies the owner of the vehicle that the suspension of the right of use of the vehicle by retaining the registration certificate and the plates with the registration number ceases 6 months from the date of the minutes of their detention. The suspension of the right of use of the vehicle ceases, and the plates with the registration number and registration certificates shall be returned, upon request, if proof of payment of the fine is made. (4) On the occasion of the notification provided in paragraph ((. The retained documents shall be surrendered to the issuing authority in order to take appropriate measures. (5) The notified suspension of the right of use of the vehicle shall cease and the registration plates and registration certificates shall be returned, upon request, if the following conditions are met: a) at least 30 days have passed since the date of the minutes of detention; b) proof of payment of the contravention fine is submitted. (6) After the exhaustion of a notified period of suspension of the right of use of a motor vehicle, if the proof of payment of the contravention fine is not made, the holder shall be notified of the suspension extension for another 6 months. (7) If within no more than 12 months after the end of the last suspension of the right of use of the vehicle a new suspension is applied, the reduction of the deadline provided in par. ((5) lit. a). (8) During the period of suspension of the right of use of a motor vehicle it cannot be re-registered. ---------- Art. 46 ^ 1 was introduced by item 16 16 of art. I of LAW no. 168 168 of 14 July 2010 , published in MONITORUL OFFICIAL no. 505 505 of 21 July 2010, amending section 2 2 of art. III of EMERGENCY ORDINANCE no. 34 34 of 12 April 2010 , published in MONITORUL OFFICIAL no. 234 234 of 13 April 2010. + Chapter XII Transitional and final provisions + Article 47 (1) Economic operators who execute local public transport, active on the date of entry into force of this law, and who do not have a transport license under the law are obliged to request and obtain its release by 31 December 2007 (2) The transport licences valid on the date of entry into force of this Law shall maintain their validity until their expiry date, without the possibility of extension, if they may carry out their activity only as carriers authorized under this law. + Article 48 (1) Within 90 days from the date of publication of this law, the Ministry of Administration and Interior, the Ministry of Transport, Construction and Tourism and A.N.R.S.C., as the case may be, will elaborate and approve by order of the Minister, respectively the president of the authority, the regulations established by this law contained in their fields of activity, as well as the norms for the application of the (2) Until the rules and regulations provided for by this Law are issued, the provisions of the existing rules remain in force. (3) In the case of reorganization or judicial liquidation of local public transport operators to whom the management of the service prior to the entry into force of this law, the local councils, the county councils and the General Council of The city of Bucharest, as the case may be, may request the renegotiation of the contract of delegation of management based on the provisions of this law or will terminate it by organizing a new procedure for delegation of management, in order to appoint a new transport operator road or transporter authorized. + Article 49 (1) The contracts for the award of the management of the local public transport service, valid until the date of entry into force of this law, produce their effects according to the contractual clauses, until their expiry, but not more than the maximum term established by this Law. (2) Any clauses of the contracts for the award of management, regarding the possibility of extending them, shall be cancelled; for the assignment of the service it is necessary to organize a new procedure for the award of management, according to the provisions this law. (3) Economic operators performing public transport services without having contracts for the award of valid management may execute these services until 31 December 2007, a period after which the local public administration authorities are obliged to conclude the contracts for the award of the appropriate management. + Article 50 This law shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I. + Article 51 The date of entry into force of this Law shall be repealed Government Ordinance no. 86/2001 on regular local public passenger transport services, published in the Official Gazette of Romania, Part I, no. 544 of 1 September 2001, approved with amendments and additions by Law no. 284/2002 . 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 10, 2007. No. 92. -----