LEGE no. 265 265 of 7 November 2008 (** republished) (* updated *) on traffic safety management on road infrastructure ((updated until 2 July 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to the provisions art. II of Government Ordinance no. 6/2010 to amend and supplement Law no. 265/2008 on the road safety audit, published in the Official Gazette of Romania, Part I, no. 70 of 30 January 2010, approved with amendments and additions by Law no. 125/2012 , published in the Official Gazette of Romania, Part I, no. 486 of 16 July 2012, giving the texts a new numbering. Law no. 265/2008 on the road safety audit was published in the Official Gazette of Romania, Part I, no. 777 777 of 20 November 2008. ---------- + Chapter I General provisions + Article 1 (1) The present law establishes the institutional framework and the way of managing traffic safety on the road network. ... (2) The present law applies to new roads and existing roads, as follows: ... a) motorways, express roads, as well as roads belonging to the trans-European road network, as defined in section 2 2 of Annex I to Decision no. 1.692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network; ... b) roads of national interest; ... c) roads of county interest and streets of category I and II. ... ---------- Alin. ((2) of art. 1 1 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (3) This law does not apply to road tunnels regulated by Directive 2004 /54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network. ... (4) Investors and administrators of any public roads provided in par. (2) may apply the provisions of this law, at their request, and prior to the date from which they are obliged according to par. ((2). ... (5) The road network covered by this Law includes: ... a) motorways; ... b) express roads; ... c) international roads "E"; ... d) the main national roads; ... e) secondary national roads; ... f) roads of county interest; ... g) the first and second category streets. ... ---------- Alin. ((5) of art. 1 1 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 2 (1) The purpose of the present law is to ensure and increase the safety of traffic on public roads, prevent the loss of life and harm the bodily integrity of persons, as well as to avoid the occurrence of material damage as following traffic accidents. ... (2) The application of this law shall be carried out in compliance with ... a) ensuring the independence of the road safety auditor from the investor, designer, executor or road manager, as the case may be; ... ---------- Lit. a) a par. ((2) of art. 2 2 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) the preservation by the road safety auditor of the confidentiality of the data and information to which he had access during the audit; ... c) the road safety auditor must not be involved in any way in any of the phases of implementation and execution of the road infrastructure project subject to auditing. ... + Article 3 Within the meaning of the present law, the following terms and expressions have the following meanings: a) road safety audit-detailed, technical and systematic verification, independent, from the point of view of safety, of the design characteristics of a road infrastructure project at all stages, from planning to at the time immediately after commissioning of the public road, in traffic; ... ---------- Lit. a) of art. 3 3 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) the road safety auditor-the person attested according to the provisions of art. 6 6 and 8 to carry out the impact assessment on road safety and road safety audit under the conditions provided by art. 5 5 para. (1), as well as the road safety inspection, under the conditions provided by art. 5 5 para. ((2); ... ---------- Lit. b) of art. 3 3 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) public road-the road open to public traffic, whose constructive elements are those defined by Government Ordinance no. 43/1997 on the road regime, republished, with subsequent amendments and completions; ... d) the landscaped road/landscaped street-the public road whose roadway is covered with asphalt, cement concrete or macadam; ... e) classification of sections with a high concentration of accidents-method of identification, analysis and classification of road infrastructure sections, which have been in operation for more than 3 years, on which there has been a large number of accidents resulting in deceased persons, in proportion to the traffic flow; ... f) road network safety classification-the method for identifying, analysing and classifying existing road network sections, depending on the potential to improve safety and reduce accident-related costs; ... g) the impact assessment on road safety-a strategic comparative analysis of the impact on the safety of the road network in the case of a project of a new road or in the case of a project on substantial changes constructive of the existing network; ... h) repealed; ... ---------- Lit. h) a art. 3 3 has been repealed by section 6.6. 4 4 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. i) road safety inspection-periodic checking of the road network in operation, from the point of view of traffic safety, with the identification of possible malfunctions or deficiencies in design, construction, operation and/or maintenance of the road, which may lead to the occurrence of road accidents; ... j) trans-European road network-road network defined in section 2 2 of Annex I to Decision no. 1.692/96/EC ; ... k) the guidelines-measures adopted by the Ministry of Transport and Infrastructure indicating the steps to be taken and the elements to be taken into account in the application of the road safety procedures provided for in this Law; ... l) substantial modification-any modernization or rehabilitation that requires the change of the geometric elements of the road, as follows: ... ((i) horizontally: alignments, curves, and their rays; (ii) in longitudinal profile: gradients, vertical curves for the connection of successive declivities, namely their rays, the design step; (iii) in cross-sectional profile: widths of the component elements of the roads in alignments, overlapping of the platform and road side of roads in curves, transverse slopes (devs), inclinations of taluses, as well as any change brought the draft regulation of traffic by signs and markings; ---------- Lit. l) of art. 3 3 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. m) the road infrastructure project-the project aimed at building new road infrastructure or substantial modification of existing road networks; ... n) black point-the public road segment that shows a higher rate of road accidents than the average rate of accidents recorded on the road distance unit of that road and for a period of historical time, established by the Road Authority Romanian-A.R.R.; ... o) vulnerable user-category of road traffic participants who is at risk of injury resulting in death and/or serious bodily injury to a higher degree than the rest of the participants. ... p) additional road safety inspection-inspection carried out on the public road which aims to identify possible causes related to infrastructure, which have favoured or caused the occurrence of a road accident resulting in persons deceased, or the pursuit of compliance with the provisions contained in the road safety inspection report. ... ---------- Lit. p) of art. 3 3 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Chapter II Acquisition and termination of the quality of road safety auditor ---------- The title of Chapter II has been amended by point 6 6 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 4 A person may be a road safety auditor if he cumulatively meets the following conditions: a) has no particulars entered in the criminal record certificate; ... b) fulfils the condition of having prior professional competence in order to admit to the training courses of the auditors, that is: ... (i) has proven higher education with bachelor's degree and recognized master's degree, in one of the specialties of construction and design of roads and bridges, civil engineering, transport engineering or motor vehicle engineering road or equivalent studies according to provisions art. 153 153 para. (2) of the National Education Law no. 1/2011 , with subsequent amendments and completions, as well as a professional experience of at least 3 years proven in one or more of the mentioned fields; or (ii) activated as a road policeman in the rank of officer and has at least 10 years of experience in the systematization of road traffic; c) attended the courses for the training of road safety auditors and passed the examination of attestation of the quality of road safety auditor, under the conditions provided by this law; ... d) is medically fit for the exercise of this activity; ... e) has not been prohibited from exercising the profession in the field of its specialty by final court decision; ... f) holds a driver's license category B. ... ---------- Article 4 has been amended by section 4. 7 7 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 5 (1) The road safety audit and the impact assessment on road safety shall be carried out as a free practice by road safety auditors, designated by the Romanian Road Authority-A.R.R., under the conditions of this law. ... (2) The road safety inspection is carried out by the Romanian Road Authority-A.R.R. through teams consisting of the specialized personnel employed within the Romanian Road Authority-A.R.R., at least one of the team members being certified as road safety auditor in accordance with the provisions of this law. The road safety auditors employed by the Romanian Road Authority-A.R.R. cannot carry out road safety audit and impact assessment on road safety according to the provisions of par. ((1). ... (3) The modality of carrying out the road safety inspection activity and the preparation of the road safety inspection report by the staff of the Romanian Road Authority-A.R.R., taking into account the provisions of the 3 3 of Annex no. 3 to this Law, shall be established and approved by order of the Minister of Transport. ... ---------- Article 5 has been amended by section 6.6. 8 8 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 6 (1) The professional training provided for in art. 4 lit. c), as well as the professional improvement of road safety auditors shall be ensured by the organization of training/professional improvement programs by the Romanian Road Authority-A.R.R. in collaboration with higher education institutions accredited, based on the occupational standard endorsed by the Romanian Road Authority-A.R.R. and approved under the legislation in force. Until the adoption of the mentioned occupational standard, the training and professional training courses of road safety auditors will be carried out on the basis of the framework programmes approved by order of the Minister of Transport. ... ---------- Alin. ((1) of art. 6 6 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (2) The duration and content of the training programs provided in par. (1) shall be established on the basis of the professional training framework programs approved by order of the Minister of Transport, at the proposal of the Romanian Road Authority-A.R.R., depending on the competences previously held by the candidates. The training of road safety auditors aims to acquire by candidates all the skills necessary to carry out impact assessment activities on road safety, road safety audit and safety inspection. road. ... ---------- Alin. ((2) of art. 6 6 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (3) The training, training and professional training programs provided in par. (2) is approved by order of the Minister of Transport and Infrastructure, at the proposal of the Romanian Road Authority-A.R.R., until December 19, 2011 *). ... ---------- * *) See Order of the Minister of Transport and Infrastructure 480/2011 for the approval of the framework programmes for the training, training and professional development of road safety auditors, the rates for carrying out the impact assessment, the road safety audit and the safety inspection, the fees due to road safety auditors, as well as the framework contracts ending by the Romanian Road Authority-A.R.R. with investors, administrators and road safety auditors, published in the Official Gazette of Romania, Part I, no. 512 512 of 20 July 2011. ((4) Abrogat. ... ---------- Alin. ((4) of art. 6 6 has been repealed by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (5) The auditors are obliged to participate every 2 years in the professional training courses organized by the Romanian Road Authority-A.R.R. in collaboration with accredited higher education institutions. ... ---------- Alin. ((5) of art. 6 6 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. ((6) Participation in professional refresher courses is subject to proof of compliance with the conditions regarding the criminal record and driving license, provided in art. 4 lit. a) and f). ... ---------- Alin. ((6) of art. 6 6 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 7 (1) The Commission shall establish, under the Minister of Transport and Infrastructure, the Commission for the attestation, discipline and dispute resolution, hereinafter referred to as the Commission, composed of 9 members, whose organisation and operation regulation shall be approve by order of the Minister of Transport and Infrastructure * *). ... -------- ** **) See Order of the Minister of Transport and Infrastructure 792/2010 for the approval of the component, of the duties and of the Regulation on organization and functioning of the commission for attestation, discipline and resolution of appeals on road safety audit, as well as of the Methodology for the attestation of auditors of road safety, published in the Official Gazette of Romania, Part I, no. 688 688 of 13 October 2010. (2) The Commission's rules on organisation and operation shall determine the composition, duties and manner of remuneration of the work of its members and of the staff serving it. ... (. The mandate of the members of the Commission shall be 4 years ... (4) The Commission's work is carried out in the presence of 9 members and the decisions are taken by the majority vote. ... (5) A full member unable to participate in the Commission's proceedings will be replaced by his alternate. ... (6) The exercise of the auditor's activity is incompatible with that of the Commission. ... + Article 8 (1) Access to the profession of road safety auditor is carried out according to the provisions of this law ... ---------- Alin. ((1) of art. 8 8 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. ((2) The examination of candidates for attestation as a road safety auditor shall be carried out by the Commission provided for in art. 7 7 para. (1) in accordance with the provisions established by order of the Minister of Transport. ... ---------- Alin. ((2) of art. 8 8 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. ((3) In order to support the attestation examination regarding access to the profession and for the issuance of that attestation, each candidate shall pay a fee, as the case may be, established by the organization and functioning regulation of the Commission, which is made Romanian Road Authority-A.R.R. ... (4) The Commission shall communicate to the management of the Romanian Road Authority-A.R.R. the name and identification data of the persons who obtained the road safety auditor attestation, in order to register them in the Register of Road Safety Auditors, hereinafter referred to as the Registry. The list of auditors, updated, will be made public on the website of the Romanian Road Authority-A.R.R. ... ---------- Alin. ((4) of art. 8 8 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (5) For the citizen of a Member State of the European Union or of a State belonging to the European Economic Area or the Swiss Confederation, which has acquired the quality of road safety auditor in one of those States, the Commission shall recognise the certificate issued by the competent authority of the home state, under which the citizen legally exercises the profession, according to the provisions Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions. ... ---------- Alin. ((5) of art. 8 8 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. ((5 ^ 1) If the road safety audit service provider wants to operate in Romania on an occasional or temporary basis, under the conditions art. 35 ^ 3 para. ((1) and para. ((3) lit. a)-c) of Law no. 200/2004 on the recognition of professional diplomas and qualifications for regulated professions in Romania, with subsequent amendments and completions, it is entered in a special section of the register provided in par. ((4). ---------- Alin. (5 ^ 1) of art. 8 8 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (6) The Commission's decision not to approve the registration in the Register provided in par. (4) shall be notified to persons referred to in paragraph ((4) or (5), as appropriate. ... (7) Appeals of persons referred to in par. (6) may be addressed to the Ministry of Transport and Infrastructure, within a maximum of 30 days from the notification provided in par. ((6). ... + Article 9 (. The quality of the road safety auditor shall cease in the following cases: ... a) upon request, by waiver made in writing by the person concerned; ... b) if the person no longer meets one of the conditions provided in art. 4 lit. a), d), e) and f); ... c) in case of death. ... (2) The cessation of the quality of road safety auditor shall be ordered by the Romanian Road Authority-A.R.R., by the resolution of withdrawal of the attestation, in one of the situations provided in par. ((1), but only after the notification of the auditor in the cases provided in par. ((1) lit. b), to eliminate the cause within a predetermined period. ... (3) In case of termination of the quality of road safety auditor, his name shall be removed from the Register. ... ---------- Article 9 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Chapter III Impact assessment on road safety, road safety audit and road safety inspections + Article 10 (1) The impact assessment on road safety is an integral part of the pre-feasibility study or, as the case may be, of the feasibility study of a road infrastructure project that is being built or modified substantially, according to the provisions of Annex no. 1 1 and materialize in an impact assessment report on road safety. ... (2) The road safety impact assessment report should indicate the road safety considerations which contribute to the choice of the proposed solution and provide all the relevant information necessary to carry out an analysis costs-benefits of the various options assessed. ... (3) The road safety audit is an integral part of a road infrastructure project, it shall be embodied in a road safety audit report and shall be carried out by chapters, corresponding to each of the following stages, subject to the prescriptions set out in Annex no. 2 2: ... a) the feasibility study/documentation of approval of intervention works; ... b) technical project and execution details; ... c) prior to reception at the end of works on the public road ... d) immediately after commissioning of the public road, in traffic. ... (4) The report resulting from the impact assessment/road safety audit has attached a set of recommendations on the remediation of any deficiencies found. ... (5) The road safety inspection shall be made mandatory for each public road of the road network covered by this Law, every 2 years, shall be embodied in a road safety inspection report and shall contain the verification periodic of the elements influencing road safety in accordance with the verification framework lists and, where appropriate, the analysis of the possible effects of the road works in progress on traffic safety and the identification of the issues related to preventing accidents. ... (6) The report resulting from the road safety inspection has appended a set of recommendations and/or a set of provisions on the remediation of any deficiencies found. ... (7) The provisions of the road safety inspection report on the remediation of any deficiencies found are mandatory for the administrator of the inspected road, within the deadlines established according to the provisions of paragraph ((8). ... (8) The set of measures which may be ordered by the road safety inspection report, by works of general intervention carried out by the administrator of the road, and the deadlines for their implementation shall be established by order of the Minister transports. ... (9) The impact assessment on road safety or road safety audit shall be carried out by an auditor or a team of auditors, as appropriate, depending on the complexity of the work. ... (10) In the case of a road accident resulting in deceased persons, registered on a public road, the police bodies investigating the case notify within 15 days the Romanian Road Authority-A.R.R. regarding the accident, providing the data provided in Annex no. 4. ... (11) Within 90 days of the notification provided in par. (10), the Romanian Road Authority-A.R.R. carries out an additional road safety inspection at the scene of the accident in order to identify possible causes related to the infrastructure that favored or caused the accident. ... (12) The Romanian Road Authority-A.R.R. also carries out additional road safety inspections on the previously inspected sections, after the expiry of the deadlines provided in par. ((8), in order to monitor the compliance with the provisions contained in the road safety inspection report. ... (13) In the additional road safety inspection report, carried out under the conditions provided in par. (11), a distinct point will be the analysis of any provisions of the previous periodic/additional inspection reports, which have not been resolved within the deadline set according to par. (8) until the date of the accident and which possibly constituted the cause of the accident. ... ---------- Article 10 has been amended by section 10. 14 14 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 11 (1) In order to carry out the impact assessment on road safety, road safety audit or road safety inspection, a contract is concluded between the Romanian Road Authority-A.R.R., on the one hand, and investor or administrator, as appropriate, on the other hand, on the basis of a framework contract established by order of the Minister of Transport. ... (2) The appointment of road safety auditors to carry out the impact assessment on road safety/road safety audit is done in compliance with the provisions of par. (7), of the principle of transparency and equal treatment, and of the criterion of equitable designation of road safety auditors, ensuring a non-discriminatory degree of loading them in a calendar year. ... (3) If in a designation procedure according to those provided in par. (2) there are no road safety auditors available, and carrying out the impact assessment on road safety or road safety audit the duly justified urgent advertisement, the Romanian Road Authority-A.R.R. can designate auditors of road safety by way of derogation from the fair designation criterion. ... (4) The Romanian Road Authority-A.R.R. designates the road safety auditors in compliance with the provisions of par. ((2) and (3) and notify in this regard the designated road safety auditors and the investor or administrator, as the case may be, as soon as possible, but no more than 30 calendar days from the date of signature of the contract provided in par. ((1). ... (5) Road safety auditors may refuse the designation only for objective reasons or in one of the situations referred to in par. ((6) and (7). ... (6) The road safety auditor has the obligation to bring to the attention of the Romanian Road Authority-A.R.R. any circumstance likely to affect the principle of its independence from the investor, designer, executor or administrator the road, as appropriate, as soon as he became aware of it. ... ((7) The independence of the road safety auditor from the investor, designer, executor or road manager, as the case may be, shall be affected in the following cases: ... a) the road safety auditor, a relative of himself up to the second degree or an employee of the latter has contractual relations or is employed by one of the parties; ... b) the road safety auditor, a relative of himself up to the second degree or an employee of the latter is a shareholder or holds shares in one of the parties; ... c) the road safety auditor, a relative of himself up to the second degree or an employee of the latter is a member of the governing bodies of one of the parties; ... d) other legal conditions regarding conflict of interest or incompatibility are fulfilled. ... (8) Under the conditions of drawing up by one or more road safety auditors of a road safety audit/impact assessment report on road safety/road safety inspection, without complying with the provisions of par. (6) and (7), the report shall be null and void, and road safety auditors shall respond, as appropriate, to the administrative, civil and/or criminal law according to the legislation in force. ... (9) In the case provided in par. (8), road safety auditors who have carried out the road safety audit activity and/or impact assessment on road safety are obliged to refund the fee collected. ... ---------- Article 11 has been amended by section 1. 15 15 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 12 (1) The investor or the administrator of the road, as the case may be, shall submit to the Romanian Road Authority-A.R.R. the documentation on each chapter of the road infrastructure project or of the public road subject to the impact assessment on road safety, road safety inspection or road safety audit, as soon as possible, but no more than 30 calendar days from the date of signature of the contract provided for in art. 11 11 para. ((1). ... (2) The Romanian Road Authority-A.R.R. shall provide the road safety auditor or the team of road safety auditors, at their request, as the case may be, the documentation on: ... a) the impact assessment on road safety; ... b) the documents contained in the pre-feasibility study, the feasibility study, technical project and execution details, but no less than: ... ((i) the general plans of the route; (ii) the situation plans and the transverse and longitudinal profiles of the route; (iii) the land plans on which the route is designed; (iv) the horizontal and vertical signalling plans on the route as well as of the intelligent transport system equipment; ((v) technical memories; (vi) traffic analyses, existing and forecast; c) data and information on road accidents recorded on audited roads; ... d) information on the recommendations contained in the previous report; ... e) other necessary information. ... ((3) At the request of the road safety auditor or the road safety auditor team, the authorities responsible for road safety shall make available to them in writing the information necessary to carry out the safety impact assessment. road, road safety audit or road safety inspection, except as required by law. ... ---------- Article 12 has been amended by section 4.2. 16 16 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 13 (1) The impact assessment on road safety and road safety audit shall be carried out at the request of the investor addressed to the Romanian Road Authority-A.R.R., the periodic road safety inspection provided for in art. 10 10 para. (5) is carried out on the basis of an annual planning and on the basis of contracts concluded for a period of two years between the public road manager and the Romanian Road Authority-A.R.R., and the additional road safety inspection provided for art. 10 10 para. (11) and (12) are carried out on the notification of police bodies or on the basis of own programs of the Romanian Road Authority-A.R.R., as the case may be. ... ---------- Alin. ((1) of art. 13 13 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (2) The road safety audit report includes 4 chapters, one for each stage referred to in art. 10 10 para. ((3), each chapter having annexed, as the case may be, a set of recommendations to remedy any deficiencies found. ... (3) The text of each chapter together with the annexes with recommendations will be drawn up in two original copies to be submitted by the road safety auditors to the investor and to the Romanian Road Authority-A.R.R., in compliance with the deadlines provided for in contract. ... (4) The submission deadlines referred to in par. (3) may not exceed 60 days from the date of signature of the contract between the Romanian Road Authority-A.R.R. and the auditor, according to the provisions of art. 17 17 para. ((1). ... (5) Provisions of para. ((4) are also valid for the case of submission of impact assessment reports. ... ---------- Alin. ((5) of art. 13 13 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (6) In the case of road safety inspections provided for in art. 10 10 para. ((5) and (11), the road safety inspection report shall be drawn up in two original copies and transmitted by the Romanian Road Authority-A.R.R. to the road manager, within a maximum of 90 days from the date of signature of the contract, respectively from the date of notification provided in art. 10 10 para. ((10). At the same time, the Romanian Road Authority-A.R.R. transmits a copy in accordance with the original of the road safety inspection report and the police body. ... ---------- Alin. ((6) of art. 13 13 has been introduced by section 18 18 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 14 (1) The investor has the obligation to take the necessary steps to ensure compliance with the recommendations contained in the report provided in art. 10 10 para. ((3), prior to the completion of the stage subject to auditing or immediately after the conclusion of the report has remained final, or, where appropriate, to challenge the provisions of some or all of the recommendations to the Commission, working days from the date of receipt of the road safety audit report/impact assessment on road safety. ... (. The Commission shall resolve the appeal and maintain its recommendations, amend them or consider objections to be valid. The Commission communicates the outcome of the resolution of the investor's appeal, the Romanian Road Authority-A.R.R. and the road safety auditor. ... (3) The administrator shall be liable for the damage caused to the road users, who have been affected by the unresolved of the provisions contained in the road safety inspection report provided for in art. 10 10 para. (6) within the period provided for in art. 10 10 para. ((8). ... (4) The result of the resolution of the appeal referred to in ((2) may be challenged at the competent administrative court by those interested. A copy of the court's decision, which remains final, shall be annexed to that report. ... ---------- Article 14 has been amended by section 4.2. 19 19 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 15 The tariffs charged by the Romanian Road Authority-A.R.R. for carrying out the impact assessment, the road safety audit and the road safety inspection, the fees due to road safety auditors for the activity performed, as well as the tariffs charged for the activities referred to in 6 6 para. ((2) and (5) and art. 20 20 para. ((2) lit. m) and n) are approved by order of the Minister of Transport. ---------- Article 15 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 16 Amounts collected according to the provisions of the order issued under art. 15 constitutes income to the budget of the Romanian Road Authority-A.R.R. and is used to pay the fees of the auditors for the activities carried out, the payment of the allowances of the members of the Commission, art. 10 10 para. (11) and (12), as well as for the financing of the own activities of the Romanian Road Authority-A.R.R. established by that order. ---------- Article 16 has been amended by section 4. 21 21 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 17 The relations between the Romanian Road Authority-A.R.R. and the road safety auditors carrying out the road safety audit activity and the impact assessment on road safety are established by the service contract, signed on both sides, which provides for the rights and obligations of the parties, the deadlines for the completion and handover of reports, deadlines and payment procedure, on the basis of a framework contract approved by order of the Minister ---------- Article 17 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 18 (1) The Romanian Road Authority-A.R.R. carries out the classification of road sections by road safety categories and the classification of network safety based on regular analyses of the information contained in the own database, which it update at least every 3 years, according to the prescriptions of Annex no. 3. ... (2) Road safety inspections carried out on road sections, with the highest concentration of accidents, according to the results of the classification, shall take into account the elements referred to in point (a). 3 3 of Annex no. 3. ... (3) The corrective measures proposed in the road safety inspection report, in the form of recommendations and/or provisions, will be focused on the road sections provided in par. ((2), the road manager giving priority to those measures provided for in 3 lit. e) of Annex no. 3 presenting the most favourable benefit-to-costs ratio. ... ---------- Alin. ((3) of art. 18 18 has been amended by section 23 23 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (4) The minimum evaluation elements to be contained in a report on road safety inspection on the road sections provided in par. ((2) are referred to in point 3 3 of Annex no. 3. ... ---------- Alin. ((4) of art. 18 18 has been amended by section 23 23 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (5) Signalling in order to warn road users about the sections on which repair works are carried out and which thus can jeopardise the safety of the traffic will be done properly, with signalling elements conforming to legislation on traffic on public roads, visible both day and night, and which are installed at a safe distance, according to the rules in force. ... (6) Road users will be permanently informed by the administrator of the road of existence of a section with a high concentration of accidents or on which the works provided in par. ((5), by means of appropriate means and/or signalling systems in accordance with the legislation on movement on public roads. ... + Chapter IV Institutional framework in the field of traffic safety management on road infrastructure + Article 19 The Ministry of Transport and Infrastructure is the competent authority of regulation and control, in order to apply the provisions of this law + Article 20 (1) The Romanian Road Authority-A.R.R. is the only competent institution to carry out the road safety inspection and to manage the impact assessment on road safety, the road safety audit, as well as the training, attestation and professional improvement of road safety auditors. ... ---------- Alin. ((1) of art. 20 20 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (2) In the field of activities provided in par. (1), the Romanian Road Authority-A.R.R. performs the following main tasks: ... a) designate, under the conditions of this law, road safety auditors in order to carry out the impact assessment on road safety and road safety audit; ... ---------- Lit. a) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) elaborates and proposes rules for the application of the provisions of this law, hereinafter referred to as Norme, which is approved by order of the Minister of Transport and Infrastructure ... c) establish contractual aspects with investors/administrators and road safety auditors, establish the circuit of documents and information between the parties involved in the activities covered by this Law; ... ---------- Lit. c) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. d) ensure the organization of vocational training courses, in order to attestation to road safety auditors, as well as the organization of refresher courses for certified road safety auditors; ... ---------- Lit. d) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. e) apply the Commission's decisions on the attestation of road safety auditors and the issuing of those certificates ... ---------- Lit. e) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. f) periodically organize briefings and debates of road safety auditors on topics related to the results of research and practice in the field; ... ---------- Lit. f) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. g) substantiate and develop draft rules, standards and technical guidelines in the field, in accordance with the evolution of regulations at European and international level, and submit these projects for approval by order of the Minister transport and infrastructure; ... h) participate nationally and internationally in activities specific to the field of road safety management; ... i) contribute to the development of road infrastructure safety management strategies; ... j) collect and archive all road safety audit reports, impact assessment on road safety and road safety inspection; ... k) elaborates and proposes for approval by order of the Minister of Transport the working methodology and attestation of road safety auditors; ... ---------- Lit. k) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. l) keep the Register with all its sections and operate the necessary changes; ... m) carry out periodic documentation and publications for road safety auditors in the Register; ... ---------- Lit. m) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. n) distribute to road safety auditors the documentation and publications provided in lett. g) and m), as well as other regulations of interest; ... ---------- Lit. n) a par. ((2) of art. 20 20 has been amended by section 4.2 25 25 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. o) carry out by its own employees the road safety inspections/additional road safety inspections; ... ---------- Lit. o) a par. ((2) of art. 20 20 was introduced by section 4.2. 26 26 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. p) establish own working procedures for the specialized personnel who form the road safety inspection teams; ... ---------- Lit. p) a par. ((2) of art. 20 20 was introduced by section 4.2. 26 26 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. q) prepares its own programs for carrying out additional road safety inspections, provided in art. 10 10 para. ((11); ... ---------- Lit. q) a par. ((2) of art. 20 20 was introduced by section 4.2. 26 26 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. r) for the performance of specific tasks collaborate with other bodies and institutions in the country or abroad carrying out activities in the field of road safety. ... ---------- Lit. r) a par. ((2) of art. 20 20 was introduced by section 4.2. 26 26 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (3) The Romanian Road Authority-A.R.R. also performs other duties established by this law and other normative acts on the management of traffic safety on the road network. ... + Chapter V Liabilities and penalties + Article 21 (1) The disciplinary sanctions shall be provided and applied by the Romanian Road Authority-A.R.R. in relation to the gravity of the deviation and consist of: ... a) the suspension of the quality of road safety auditor for a period of 30 days, in case of non-submission of reports for the activities contracted by the Romanian Road Authority-A.R.R.; ... ---------- Lit. a) a par. ((1) of art. 21 21 has been amended by section 4.2 27 27 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) the suspension of the quality of the road safety auditor for a period of one month to 6 months: ... ((i) for the termination of one of the conditions for obtaining the attestation of the auditor referred to in art. 4, until the respective conditions are fully met. If after 6 months the conditions are not fulfilled in full, the suspension shall be extended accordingly; (ii) for unjustified overtaking, by at least one year, of the obligations provided for in art. 6 6 para. ((5); ---------- Lit. b) a par. ((1) of art. 21 21 has been amended by section 4.2 27 27 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) suspension of the quality of road safety auditor for a period of one year, for violation of the provisions of art. 2 2 para. ((2) and art. 11 11 para. ((6) and (7), if the infringement is not considered a criminal offence. ... ---------- Lit. c) a par. ((1) of art. 21 21 has been amended by section 4.2 27 27 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. (2) The procedure for the research of disciplinary misconduct is carried out according to the law ... + Article 22 (1) Decision of the Romanian Road Authority-A.R.R. for the application of one of the sanctions provided for in art. 21 21 para. ((1) may be challenged by the Commission within 15 days of the communication. ... (2) The appeal exercised according to par. (1) suspends the execution of the contested decision, until the decision remains final. ... (. The Commission shall be obliged, within a maximum period of 30 days, to issue a decision in respect of the appeal. The decision will be respected and executed exactly by the Romanian Road Authority-A.R.R. ... (4) The Commission Decision referred to in paragraph 1. ((3), may be appealed to the competent administrative court within 15 days of the communication. Provisions of para. (2) are also applicable in this situation. ... + Article 23 The following acts constitute contraventions and are sanctioned as follows: a) with a fine of 500 lei per 1,000 lei, applied to the employee of the Romanian Road Authority-A.R.R. responsible, for violating the provisions of art. 11 11 para. ((2)-(4); ... b) with a fine of 1,000 lei to 5,000 lei, applied to the road safety auditor, for non-compliance with the provisions of art. 2 2 para. ((2) lit. b) and c), art. 11 11 para. ((6) and (7), for non-compliance with the methodology on the implementation of the report, as well as for the submission of the report with undue overtaking of the ... ---------- Lit. b) of art. 23 23 has been amended by section 4.2 28 28 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) with a fine of 10,000 lei to 50,000 lei, applied to the administrator of the road for non-compliance with 10 10 para. (7), within the deadline set by art. 10 10 para. ((8); ... ---------- Lit. c) of art. 23 23 has been amended by section 4.2 28 28 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. d) repealed; ... ---------- Lit. d) of art. 23 23 has been repealed by section 6.6. 29 29 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. e) with a fine of 10,000 lei to 50,000 lei, applied to the audit beneficiary, for non-compliance, without written justifications submitted to the commission, of the obligations provided in art. 14 14 para. ((1); ... ---------- Lit. e) of art. 23 23 has been amended by section 4.2 28 28 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. f) with a fine of 50,000 lei per 100,000 lei, applied to the beneficiary of the impact assessment on road safety or road safety audit, for non-compliance with the provisions of art. 13 13 para. ((1) on the request for an impact assessment on road safety or road safety audit, as appropriate. ... ---------- Lit. f) of art. 23 23 has been amended by section 4.2 28 28 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 24 (1) The finding of contraventions and the application of sanctions provided in art. 23 shall be made, as appropriate, by: ... a) the personnel empowered in this regard from the Ministry of Transport and the State Inspectorate in Constructions-I.S.C. for the contraventions provided in art. 23 lit. a)-f), within the limits of their competences; ... b) officers and/or police officers of the Romanian Police, for the contraventions provided in art. 23 lit. c) and e). ... ---------- Alin. ((1) of art. 24 24 has been amended by section 30 30 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. ((2) Contraventions provided for in art. 23 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... (3) The offender may pay, no later than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum fine provided for in art. 23, the finding agent making mention of this possibility in the minutes. ... + Chapter VI Transitional and final provisions + Article 25 (1) Persons, other than those provided for in art. 8 8 para. (5), which until the date of entry into force of this Law have obtained certificates of completion of training courses for road safety auditors with a minimum duration of 3 months will be recognized as road safety auditors and will obtain, on request, the road safety auditor attestation provided for by this Law. ... (2) The application together with the documents certifying the fulfilment of the conditions provided in ((1) shall be submitted to the Secretariat of the Commission, within 60 days from the date of entry into force of the order provided for in art. 7 7 para. ((1). ... (3) The Commission shall verify the fulfilment of the conditions laid down and shall attest to the quality of the road safety auditor within 15 working days from the date of registration of the application, with the registration in the Register ... + Article 26 (1) Until October 19, 2011, the Romanian Road Authority-A.R.R. elaborates and submits for approval a draft order of the Minister of Transport and Infrastructure regarding the adoption of the guidelines. ... (2) By December 19, 2011, the Ministry of Transport and Infrastructure shall adopt by order of the Minister the Guidelines, following that by March 19, 2012 they shall communicate to the European Commission *). ... ------------ * *) See Order of the Minister of Transport and Infrastructure 358/2012 for the approval of the Guidelines on measures to improve traffic safety on road infrastructure in order to apply Directive 2008 /96/EC of the European Parliament and of the Council of 19 November 2008 on the management of road infrastructure safety, published in the Official Gazette of Romania, Part I, no. 325 325 of 14 May 2012. ((3) Any modification of the guidelines shall be approved by order of the Minister of Transport and Infrastructure and shall be communicated within 90 days to the European Commission. ... ((. Without prejudice to the guidelines approved under paragraph 1. (1)-(3), the Romanian Road Authority-A.R.R. adopts a series of temporary guidelines on safety measures to be applied to construction, modernization, rehabilitation, repair and maintenance of road infrastructure and an inspection programme aimed at ensuring the proper application of the established temporary guidelines. ... + Article 27 (1) The Romanian Road Authority-A.R.R. ensures the determination of the average social cost of an accident resulting in deceased persons and the average social cost of a serious accident, given that both occur in Romania. ... (2) The values of the average social cost of an accident with deceased persons and the average social cost of a serious accident shall be public and shall be regularly updated every 5 years. ... (3) The Romanian Road Authority-A.R.R. may consider a more detailed breakdown of unit costs. ... + Article 27 ^ 1 The impact assessment activities on road safety, road safety audit and road safety inspection may also be carried out on road categories other than those provided for in art. 1 1 para. (2), optionally, at the request of the investor or administrator, under the present law. ---------- Article 27 ^ 1 has been introduced by item 31 31 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Article 28 In Annex no. 2 2 to Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, published in the Official Gazette of Romania, Part I, no. 500 of June 3, 2004, with subsequent amendments and completions, letter h) of letter A is amended and shall read as follows: " h) professions in the field of air, sea, river and road transport: commander, second deck officer, deck officer, mechanical chief, second engineer officer, mechanical officer, maritime electrician chief, maritime electrician officer, large pilot, maritime pilot, aspiring maritime pilot, meteorologist, aeronautical meteorologist, forecaster, aeronautical personnel for air navigation and telecommunications protection (PNA-TC), aircraft reception and control engineer, reception engineer and PNA-TC means, Civil aviation security auditor, professor of road legislation, inspector ITP, lecturer for the professional training and improvement of the specialist staff in the field of road transport, road safety auditor, road safety impact assessment auditor, road safety inspector; ". + Article 29 In the direction of international cooperation, the Romanian Road Authority-A.R.R. participates in works on the exchange of best practices in the field of road safety management. + Article 30 Representative non-governmental organisations active in the field of road infrastructure safety and management can be consulted on issues related to technical aspects of road safety management. + Article 31 Annexes no. 1-4 are an integral part of this law. + Article 32 This law transposes the provisions Directive 2008 /96/EC of the European Parliament and of the Council of 19 November 2008 on the management of road infrastructure safety, published in the Official Journal of the European Union L no. 319 319 of 29 November 2008. + Article 33 The Ministry of Transport and Infrastructure shall notify the European Commission. + Annex 1 Impact assessment on road safety for road infrastructure projects 1. Component elements of an impact assessment on road safety: a) defining the problem; ... b) the current situation and the situation in the event of not initiating any action; ... c) road safety objectives; ... d) analysis of the impact of proposed alternatives on road safety; ... e) comparison of the proposed alternatives, including the cost-benefit analysis; ... ---------- Lit. e) 1 1 of Annex 1 has been amended by section 6.6. 32 32 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. f) presentation of all possible solutions. ... 2. The items to be considered: a) accidents resulting in serious deaths and/or injuries; the objectives of reducing the number of accidents compared to the scenario that provides for the failure to initiate any action; ... ---------- Lit. a) 2 2 of Annex 1 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) choice of routes and origin-destination studies of users for new routes; ... c) possible effects on existing road networks such as accesses, intersections, level crossings and the like; ... ---------- Lit. c) 2 2 of Annex 1 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. d) road users, including vulnerable users such as pedestrians, cyclists, motorcyclists and the like; ... ---------- Lit. d) 2 2 of Annex 1 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. e) traffic (e.g. traffic volume, traffic classified according to vehicle type); ... f) climatic and seasonal conditions; ... ---------- Lit. f) 2 2 of Annex 1 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. g) the presence of a sufficient number of safe parking areas; ... ---------- Lit. g) 2 2 of Annex 1 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. h) seismic activity. ... + Annex 2 Road safety audit operations for road infrastructure projects 1. Criteria applicable in the feasibility study: a) geographical location, which includes exposure to landslides, floods, avalanches and the like, climatic and seasonal conditions, as well as seismic activities; ... ---------- Lit. a) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) the types of intersections and the distance between them; ... ---------- Lit. b) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) the number and type of lanes; ... ---------- Lit. c) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. d) the structure and component of traffic admitted to the new infrastructure ... ---------- Lit. d) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. e) road functionality within the network; ... ---------- Lit. e) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. f) weather conditions; ... g) design speeds and traffic speeds; ... ---------- Lit. g) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. h) transverse profiles, comprising: the width of the carriageway, cycle paths, sidewalks; ... ---------- Lit. h) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. i) the route in the situation plan and in longitudinal profile; ... ---------- Lit. i) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. j) visibility; ... k) arrangement of intersections; ... ---------- Lit. k) 1 1 of Annex 2 has been amended by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. l) means of public transport and related infrastructures; ... m) level crossings with road/rail. ... 2. Criteria applicable in the technical project stage and execution details: ---------- The introductory part of section 2 2 of Annex 2 has been amended by section 4.2. 35 35 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. a) the situation plan; ... ---------- Lit. a) 2 2 of Annex 2 has been amended by section 4.2. 36 36 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. b) coherent horizontal and vertical signaling ... ---------- Lit. b) 2 2 of Annex 2 has been amended by section 4.2. 36 36 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) lighting of roads and intersections; ... d) equipment positioned at the roadside; ... ---------- Lit. d) 2 2 of Annex 2 has been amended by section 4.2. 36 36 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. e) road plantation adjacent to the road in extravilan and constructions, facilities and other objectives from the intravilan of the localities; ... ---------- Lit. e) 2 2 of Annex 2 has been amended by section 4.2. 36 36 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. f) fixed obstacles at the roadside; ... g) safe parking; ... h) vulnerable road users (e.g. pedestrians, cyclists, bikers); ... i) the adaptation of the road restriction systems in an easy way to use (spaces that separate the walking meanings and safety parapets to avoid the dangers to which vulnerable users are exposed). ... 3. Criteria applicable in the previous stage of operation: a) the safety of road users and visibility in various circumstances, such as darkness, and in normal weather conditions; ... b) the legibility of the horizontal and vertical signalling elements; ... ---------- Lit. b) 3 3 of Annex 2 has been amended by section 4.2. 37 37 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. c) condition of roads. ... 4. Criteria applicable at the stage immediately after commissioning: assessment of road safety from the perspective of the actual behavior of the users Carrying out an audit operation at a certain stage may lead to the reanalysis of the criteria applicable in the preceding stages. + Annex 3 Classification of sections with a high concentration of accidents and road network safety classification ---------- The introductory part of Annex 3 was amended by section 4.2. 38 38 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. 1. Identification of sections with a high concentration of accidents The identification of sections with a high concentration of accidents takes into account at least the number of road accidents in previous years, resulting in deceased persons per unit of distance, relative to traffic flow and, in the case of intersections, the number of such accidents reported to the type of intersection. 2. Identification of road sections with high concentration of accidents for analysis for the classification of road network safety The identification of sections for analysis in the road network safety classification takes into account the potential for reducing accident-related costs. Road sections are classified by category. For each road category, the sections shall be analysed and classified according to safety factors, such as the concentration of accidents, the volume of traffic and its typology. For each road category, the road network safety classification results in the creation of a priority list comprising road sections where infrastructure improvements are expected to be particularly effective. 3. Evaluation elements for teams of experts at field visits to carry out road safety inspection: ---------- The introductory part of section 3 3 of Annex 3 has been amended by section 6.6. 39 39 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. a) description of the road section; ... b) the reference to any previous reports relating to the same road section; ... c) analysis of possible accident reports; ... d) the number of accidents, of deceased persons and of persons seriously injured in the last 3 years; ... e) potential corrective measures that are carried out phased, such as: ... -removal or protection of fixed obstacles at the roadside; -reducing speed limits and increasing speed control at local level; -improving visibility in different weather and brightness conditions; -improvement of the safety status of the equipment positioned at the end of the road, such as passive protection systems; -improving the coherence, visibility, legibility and positioning of road markings, in particular the application of sound warning bands for slowing down and vertical signage; -improving the adhesion/roughness of the road surface; -redesign of passive protection systems; -ensuring and improving passive protection in the median area; -the reconsideration of the possibility of carrying out manoeuvring manoeuvre safely; -improving the arrangement of intersections, including railway level crossings; -modification of the route; -the modification of the road width, by the provision of consolidated moorings; -the installation of a traffic management and control system; -reducing a possible conflict with vulnerable road users; -modernization of roads according to the design standards in force; -rehabilitation and increase of the bearing capacity of roads; -the use of smart traffic signs; -improving intelligent transport systems and telematics services for interoperability, emergency and signalling situations. ---------- Lit. e) 3 3 of Annex 3 has been amended by section 6.6. 40 40 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. + Annex 4 Information relating to traffic accidents, referred to in reports of accidents resulting in deceased persons Accident reports shall contain at least the following elements: 1. the most accurate location of the accident; ---------- Section 1 of Annex 4 has been amended by section 1. 41 41 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. 2. images and/or diagrams with the crash site; 3. date and time of accident; 4. information on the road, such as type of area, road category, type of intersection with related signage, number of lanes, marking, rolling surface, lighting systems and weather conditions, limitation of speed, ditches, gullies, soles, guard ditches, retaining walls, parapets and other works of art, vegetation or other elements with high impact rigidity; ---------- Section 4 of Annex 4 has been amended by section 4. 41 41 of art. I of EMERGENCY ORDINANCE no. 22 22 of 16 June 2016 , published in MONITORUL OFFICIAL no. 463 463 of 22 June 2016. 5. gravity of the accident, with the specification of the number of deceased and injured persons; 6. the characteristics of persons involved in the accident, such as age, sex, nationality, blood alcohol level or the consumption of substances prohibited by Government Emergency Ordinance no. 195/2002 on the movement on public roads, republished, with subsequent amendments and completions, the use or non-use of safety equipment; 7. data on the vehicles involved in the accident (type, seniority, country in which it is registered/registered, safety equipment, as the case may be, data on the last periodic technical inspections, in accordance with the applicable legislation); 8. data relating to traffic accidents, such as type of accident, type of collision, handling of each driver's vehicle and manoeuvres; 9. whenever possible, information on the time between the time of the accident and its finding or the arrival of emergency services. NOTE: We reproduce below the provisions art. II of Law no. 125/2012 on approval Government Ordinance no. 6/2010 to amend and supplement Law no. 265/2008 on the road safety audit, which are not incorporated in the republished form of the Law no. 265/2008 and which shall continue to apply as its own provisions: "" ART. II. --(1) Within 60 days from the date of entry into force of this Law, Order of the Minister of Transport and Infrastructure 792/2010 for the approval of the component, of the duties and of the Regulation on organization and functioning of the commission for attestation, discipline and resolution of appeals on road safety audit, as well as of the Methodology for the attestation of auditors of road safety, published in the Official Gazette of Romania, Part I, no. 688 688 of 13 October 2010, and Order of the Minister of Transport and Infrastructure 480/2011 for the approval of the framework programmes for the training, training and professional development of road safety auditors, the rates for carrying out the impact assessment, the road safety audit and the safety inspection, the fees due to road safety auditors, as well as the framework contracts ending by the Romanian Road Authority-A.R.R. with investors, administrators and road safety auditors, published in the Official Gazette of Romania, Part I, no. 512 of 20 July 2011, will be amended and supplemented in accordance with the amendments and additions made Law no. 265/2008 on the management of traffic safety on road infrastructure, with subsequent amendments and completions, and republished. (2) From the date of entry into force of this Law, Classification of Occupations in Romania-level of occupation (six characters), approved by the Order of the Minister of Labour, Family and Social Protection and of the President of the National Institute of Statistics No. 1.832 / 856/2011 , published in the Official Gazette of Romania, Part I, no. 561 561 of 8 August 2011, as amended and supplemented, shall be duly completed with the occupation of road safety auditor, road safety impact assessment auditor and road safety inspector. ' ... -------
