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Law No. 289 Of 5 August 2009

Original Language Title:  LEGE nr. 289 din 5 august 2009

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LEGE no. 289 289 of 5 August 2009 to amend and supplement Government Ordinance no. 78/2000 on the approval, issuance of identity card and certification of the authenticity of road vehicles for registration or registration in Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 559 559 of 11 August 2009



The Romanian Parliament adopts this law + Article I Government Ordinance no. 78/2000 on the approval, issuance of the identity card and certification of the authenticity of road vehicles in order to register or register them in Romania, published in the Official Gazette of Romania, Part I, no. 412 of 30 August 2000, approved with amendments and additions by Law no. 230/2003 , as amended and supplemented, shall be amended and supplemented as follows: 1. The title of the ordinance shall read as follows: " ORDINANCE on the approval, issuance of the identity card and certification of the authenticity of road vehicles in order to sell, register or register them in Romania " 2. In Article 1, paragraphs 1 and 2 shall read as follows: "" Art. 1. -(1) Road vehicles may be marketed, registered or registered in Romania only after the approval and certification of their authenticity, as the case may be, by the Autonomous Regia "Romanian Auto Registry", hereinafter referred to as R.A.R., body specialized technical of the Ministry of Transport and Infrastructure. ((2) The categories of vehicles for which approval is mandatory for the marketing, registration or registration in Romania are established by the regulations of RNTR 2 and RNTR 7, which are approved by order of the Minister of Transport and infrastructure. " 3. Article 1 (4) shall be repealed. 4. In Article 1, paragraph 5 shall read as follows: " (5) They are exempted from the provisions of par. ((1) concerning the approval of road vehicles used which cumulatively meet the following conditions: a) have been approved by the Community; b) were last registered in a Member State of the European Union; c) have not undergone constructive changes in relation to the data entered in the registration certificate. " 5. In Article 1 ^ 1, points 9 and 10 shall read as follows: " 9. Type-approval of the whole vehicle-approval granted to a vehicle as a whole, on the basis of vehicle type-approvals with regard to existing systems, equipment, components, parts and/or separate technical units, where appropriate. If one or more of the said approvals cannot be submitted, they will be granted on the basis of the tests carried out by R.A.R. or other technical services assessed by R.A.R., attesting compliance with the technical conditions. provided for in the legislation in force, depending on the vehicle category; 10. Type-approval of a vehicle with regard to systems, equipment, components, parts and separate technical units-the procedure by which R.A.R. certifies that a type of road vehicle meets the applicable requirements for the system, equipment, component, part or separate technical unit concerned, according to the legislation in force. " 6. In Article 1 ^ 1, after point 10, three new points, points 11, 12 and 13 shall be inserted, with the following contents: " 11. technical service-the organisation or body designated following the assessment of R.A.R. as a test laboratory, for testing, or as a body for assessing conformity of production, for the purpose of carrying out the initial assessment; and of other tests or inspections, on behalf of the R.A.R.; 12. certificate of conformity-the document issued by the manufacturer and certifying that, at the time of manufacture, a vehicle belonging to the series of the Community approved type has complied with all the regulations relating to the approval of road vehicles; 13. handling device-any design element intended to influence the efficiency of the engine emissions control system. " 7. In Article 2, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) For each road vehicle individually approved, the R. A. R shall, at its request, issue an individual approval certificate to the applicant for approval." 8. In Article 2, paragraph 2 shall read as follows: "(2) In order to register, register or sell in Romania, R.A.R. shall issue the vehicle identity card, according to the provisions of this ordinance." 9. Article 3 shall read as follows: "" Art. 3. -The approval of a road vehicle is of type or individual, as follows: a) national type-approval of the whole vehicle-the procedure by which the R.A.R. or a competent authority of another Member State of the European Union certifies that a type of road vehicle meets the requirements of national law in the force, the validity of the approval being limited to the territory of the granting State; b) individual approval of a vehicle-the procedure by which the R.A.R. or a competent authority of another Member State of the European Union certifies that a road vehicle meets individually the requirements of the national legislation in force, the validity of the approval being limited to the territory of the granting State; c) Community (EC) type-approval of the whole vehicle-the procedure by which the R.A.R. or a competent authority of another Member State of the European Union certifies that a type of road vehicle meets the requirements of the legislation the Community in force, the validity of the approval being extended throughout the European Union. ' 10. in Article 4, point b) of paragraph 1 and paragraph 2 shall read as follows: " b) road vehicles used which have not been registered in Romania, with the exception of road vehicles provided for in art. 1 1 para. ((5); .................................................................. (2) Individual approval shall be granted by R.A.R. through its territorial representations. " 11. In Article 5, paragraph 4 shall read as follows: " (4) At Community (EC) type-approval of the whole vehicle, R.A.R. recognizes the type-approval certificates of a vehicle with regard to its systems, components and/or separate technical units, issued by the authorities competence of the Member States of the European Union pursuant to the applicable Community legislation and the type-approval certificates of a vehicle with regard to its equipment, parts and components, issued by the authorities competences in the States which are Contracting Parties to the Geneva Agreements on the basis of the UNECE Regulations applicable and recognised by Community law as equivalent to the applicable Community legislation. ' 12. Article 6 shall read as follows: "" Art. 6. -(1) It is forbidden to trade a road vehicle that has not been approved, of type or individual, or to which the identity card of the vehicle of R. A. R has not been issued according to the provisions of this ordinance. (2) From the provisions of par. (1) road vehicles which do not comply with the approval according to the regulations in force are exempted. " 13. In Article 7, paragraphs 1, 3 and 5 shall read as follows: "" Art. 7. -(1) The national type-approval of a vehicle with regard to its systems, equipment, parts, components and/or separate technical units shall be granted by the R.A.R., at the request of the manufacturer, its representative or the importer, if the vehicle meets the applicable legal requirements. ................................................................... (. Community (EC) type-approval of a vehicle with regard to its systems, components and/or separate technical units shall be granted by the R.A.R., at the request of the manufacturer or its representative, if the vehicle fulfils applicable legal requirements. ................................................................... (. International (UNECE) type-approval of a vehicle with regard to its equipment, parts and/or components shall be granted by the R.A.R., at the request of the manufacturer or its representative, if the vehicle meets the requirements applicable law. " 14. After Article 7, two new articles are inserted, Articles 7 ^ 1 and 7 ^ 2, with the following contents: "" Art. 7 7 ^ 1. --(1) R.A.R. may refuse, on reasonable grounds, to grant approval, if it finds that a type of road vehicle, although conforming to the applicable regulations, presents a serious risk to road safety or significantly harms the environment and/or public health. ((2) If the R.A.R. considers that certain new road vehicles, which have Community type-approval (EC) granted by another Member State of the European Union, pose a serious risk to road safety or significantly harm the environment environment and/or public health, it may refuse, on reasonable grounds, for a period of not more than 6 months, the issue of the vehicle's identity card for registration, registration or marketing. In this case, the R.A.R. immediately informs the manufacturer, the other Member States and the European Commission, stating the reasons for the refusal, in particular whether it is the result of gaps in the relevant regulations or incorrect application of the requirements relevant. Article 7 ^ 2. -The Ministry of Transport and Infrastructure, as competent authority in the field, shall ensure the notification of the R.A.R. as an authority and technical service for the approval and supervision of the placing on the market of road vehicles, notification of the other technical services assessed by the R.A. R, as the case may be, to the European Commission and the United Nations Secretariat-General, in accordance with the procedures laid down by the Community acts and the Geneva agreements 15. In Article 10, paragraph 6 shall read as follows: " (6) On the deregistration of a road vehicle, as a result of the final removal from Romania or of the dismantling at its disposal, the competent authority carrying out the deregistration shall have the obligation to retain the vehicle identity card and to transmit R.A.R. On the identity card of the vehicle shall be mentioned the Vehicle permanently removed from Romania or the Dismembered Vehicle. " 16. Article 11 shall read as follows: "" Art. 11. -(1) The issuance of the identity card shall be subject to the following conditions: a) in the case of individual approval, as well as in the case of road vehicles already registered or registered in Romania, if the vehicle can be identified and corresponds to the technical rules for road traffic safety, environmental protection, and the use of which it is intended; b) in the case of national type-approval of the whole valid vehicle, on the basis of the copy of the national type-approval certificate of the whole vehicle; c) in the case of a Community (EC) type-approval of the whole valid vehicle, on the basis of the EC certificate of conformity and the granting of the national register number d) in the case of vehicles referred to in 1 1 para. ((5), if the vehicle corresponds from the point of view of the technical condition. ((2) Except in the cases provided for in art. 7 ^ 1, it is not permitted to refuse to issue the vehicle identity card for registration, registration or marketing of road vehicles, for reasons regarding their construction or operation, if they comply with the regulations applicable. ' 17. In Article 13 (2), letter c) shall read as follows: "c) the attestation of the fact that the vehicle does not appear as an internal or international tracking, at the time of the certification of authenticity, according to the database provided to the R.A.R. by the competent authorities of Romania;". 18. In Article 13, paragraphs 6 and 8 shall read as follows: " (6) For vehicles which do not correspond to the authenticity certification point of view, the reasons for the decision of the R.A.R. shall be indicated in the clearance report issued. ................................................................... (8) The certificate of authenticity of a road vehicle is valid for a single registration, but not more than 60 calendar days from the date of its release. " 19. After Article 13 ^ 1 two new articles are inserted, Articles 13 ^ 2 and 13 ^ 3, with the following contents: "" Art. 13 13 ^ 2. -The holder of a type-approval shall have the following obligations: a) to inform the R.A.R. immediately of any modification of the data in the approval file; b) to notify the R.A.R. of the definitive cessation of the production of a certain type of vehicle; c) notify the R.A.R. of cases where a vehicle type-approval is in the process of ceasing its validity; d) to immediately inform the R.A.R. if it is obliged to recall a number of vehicles that have already been registered, registered or put into marketing, because one or more systems, equipment, components or technical units separate vehicles installed on the vehicle pose an important risk to road safety, public health or environmental protection; e) to propose to R.A.R. appropriate solutions to eliminate the risks provided in lett. d); f) not to communicate to users technical data different from the data approved by the approval authority g) make available to users all relevant information, as well as the necessary instructions describing any special conditions or restrictions on the use of the road vehicle, if the applicable regulation contains such provisions; h) make available to the manufacturers of equipment, components, parts or separate technical units all the data necessary for the type-approval or certification of such products. In this case, the vehicle manufacturer may impose a binding agreement on the manufacturers of these products in order to protect the confidentiality of any data not intended for the public, including those related to property rights intellectual; i) to provide the R.A.R. including the data and technical specifications that could lead to the recall or withdrawal of the type-approval; j) not to use performance-handling devices or road vehicle operation, except as provided for in the relevant regulations; k) ensure access to information, according to the applicable regulations in the field. Art. 13 ^ 3. -Failure to comply with the provisions of this ordinance attracts disciplinary, contravention, civil or criminal liability, as appropriate, according to the law. " 20. Article 14 shall read as follows: "" Art. 14. -(1) The following facts are contraventions: a) the marketing of a road vehicle that is not approved or does not comply with the approval granted, according to the provisions of the b) the marketing of a road vehicle that does not hold the vehicle identity card issued by R.A.R., according to the provisions of this ordinance; c) the maintenance of a vehicle which has undergone changes in the characteristics of the vehicle identity card, without these changes being mentioned in the identity card; d) non-compliance by the holder of a type-approval of the obligations provided in art. 13 13 ^ 2 lit. a)-e) and i); e) non-compliance by the holder of a type-approval of the obligations provided in art. 13 13 ^ 2 lit. f), g), h) and k); f) non-compliance by the holder of a type-approval of the obligation provided for in art. 13 13 ^ 2 lit. j). (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) with a fine of 500 lei per 1,000 lei, the one provided in lett. c); b) with a fine of 1,000 lei to 5,000 lei, those provided in lett. d) and e); c) with a fine of 5,000 lei to 10,000 lei, those provided in lett. b) and f); d) with a fine of 10,000 lei to 30,000 lei, the one provided in lett. a). (3) Contraventions provided in par. (1) is found and sanctioned by the personnel of the R.A.R. empowered for this purpose by the Ministry of Transport and Infrastructure. (4) The level of fines provided in par. (2) is updated by Government decision according to the inflation rate. (5) The provisions of this ordinance relating to contraventions shall be supplemented by those of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " 21. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -The resources necessary for the exercise of the control and supervision of the introduction of vehicles on the Romanian market shall be ensured by the Ministry of Transport and Infrastructure. " 22. In Article 15 (1), the letter m) shall read as follows: "" m) supervise compliance with the approved type of road vehicles first placed on the market; '. 23. Article 15 (1), point n) shall be repealed. 24. In Article 15 (1), the letter u) shall read as follows: "" u) perform the operations required to certify the authenticity of the vehicles and issue the certificate of authenticity. " 25. In Article 15 (1), after the letter u) two new letters, letters v) and x) are inserted, with the following contents: "" v) evaluate the technical services, under the conditions provided by the legislation in force; x) performs the function of technical service. " 26. In Article 15, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) If the R.A.R. finds that the new road vehicles it has approved are no longer in conformity with the type that has been approved, the R.A.R. shall take the necessary measures to ensure that the road vehicles produced conform to the approved type." 27. In Article 15, paragraph 2 shall read as follows: " (2) Depending on the non-conformities found, the measures provided in par. (1 ^ 1) may consider the cessation of the marketing and/or withdrawal of the consignment of non-compliant road vehicles, with the prohibition of marketing or use until remediation, the withdrawal from circulation of non-conforming road vehicles with the approved type or, where applicable, withdrawal of the type-approval. '; 28. in Article 15, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) If R.A.R. finds that the manufacturer does not inform, does not propose and/or does not put into practice the corrective measures necessary to eliminate the risks provided in art. 13 13 ^ 2 lit. d), it shall take the measures provided in par. ((2). ' 29. Throughout the ordinance the term "manufacturer" shall be replaced by the term "manufacturer" and the phrase "technical entities" shall be replaced by the words "separate technical units". 30. the following entry shall be inserted after Article 18: " This ordinance translates the provisions of art. 3 3 section 4, 5 (partially), 6, 31 and 36, art. 4 4 para. ((3) (partially) and para. ((4) (partially), art. 8 8 para. ((3) (partially), art. 13 13 para. ((1) (partially), art. 17 17 para. ((3) (partially) and para. ((4) (partially), art. 24 24 para. ((5) (partially) and para. ((6) (partially), art. 29 29 para. ((1) (partially), art. 30 30 para. ((1) (partially), art. 32 32 para. ((1), (2) (partially) and para. ((3) (partially), art. 35 35 para. ((1), art. 37 37 para. ((1) (partially) and para. ((2) (partially), art. 38 38 para. ((1), art. 43 43 para. ((1) (partially), art. 46 46 (partially) of Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, published in the Official Journal of the European Union (JOUE) no. L 263 of 9 October 2007. ' + Article II Within 30 days from the date of entry into force of this law, the Ministry of Transport and Infrastructure will update Order of the Minister of Public Works, Transport and Home No. 211/2003 for approval Regulations on the type-approval and issue of the identity card of road vehicles, as well as the type-approval of the products used in them-RNTR 2, published in the Official Gazette of Romania, Part I, no. 275 275 and 275 bis of 18 April 2003, as amended and supplemented, and Order of the Minister of Transport, Construction and Tourism No. 2.132/2005 for approval Regulations on individual approval, issuance of identity card and certification of authenticity of road vehicles-RNTR 7, published in the Official Gazette of Romania, Part I, no. 1.160 1.160 of 21 December 2005. + Article III This law shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I. + Article IV Government Ordinance no. 78/2000 on the approval, issuance of the identity card and certification of the authenticity of road vehicles in order to register or register them in Romania, published in the Official Gazette of Romania, Part I, no. 412 of 30 August 2000, approved with amendments and additions by Law no. 230/2003 , with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . PRESIDENT CHAMBER OF DEPUTIES ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, DAN VOICULESCU Bucharest, August 5, 2009. No. 289. -----------