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Law No. 52 Of 19 March 2010

Original Language Title:  LEGE nr. 52 din 19 martie 2010

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LEGE no. 52 52 of 19 March 2010 on approval Government Ordinance no. 21/2009 to amend and supplement Government Ordinance no. 37/2007 laying down the framework for the application of the rules on driving periods, breaks and rest periods of drivers and the use of apparatus for recording their activity
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 189 189 of 25 March 2010



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 21 21 of 29 August 2009 to amend and supplement Government Ordinance no. 37/2007 laying down the framework for the application of the rules on driving periods, breaks and rest periods of drivers and the use of apparatus for recording their activity, adopted on the basis of art. 1 1 section II.5 of Law no. 253/2009 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 599 of 31 August 2009, with the following amendments: 1. In Article I, point 5, the introductory part and paragraphs 8, 13-14, 17-20, 22, 24-29, 31 and 33 of paragraph 1 of Article 8 shall read as follows: "" Art. 8. -(1) The following acts represent very serious infringements of the provisions of the Regulation of the European Parliament and of the Council (EC 561/2006 561/2006, of Regulation (EEC) No 3.821/85 and, as the case may be, of the AETR Agreement and constitute contraventions, if they are not considered crimes according to criminal law: ....................................................................................... 8. non-compliance with the minimum daily rest period, within a period of 30 hours, when the vehicle is driven by a crew, two hours or more; ....................................................................................... 13. mounting/repairing of unapproved, unsealed, non-alloy tachographs, defects, incorrect calibration of tachographs or fitting, repair, calibration of tachographs by an unauthorized economic operator; 14. the use of unapproved, unsealed, non-alloy tachographs, defects or having the validity term of the periodic verification/calibration exceeded; ....................................................................................... 17. non-compliance with the obligation of the road transport undertaking/operator to download and store at the premises, at the latest every 28 days, the data from the tahographic cards of the drivers and/or non-compliance with the obligation to download and store at the premises, at the latest every 90 days, the data from the digital tachographs of the vehicles they use; 18. possession by a driver of more than one valid tachographic card; 19. the use by a driver of a tahographic card issued to another person; 20. the use of a defective or expired tachographic card; ....................................................................................... 22. use of tahographic diagrams or dirty or damaged tahographic cards with illegible data; ....................................................................................... 24. unauthorised removal of the tachograph diagrams from the tachograph or the tachograph card from the digital tachograph before the end of the working day, which affects the recording of the relevant data; 25. the use of the tahographic diagrams or the tachographic card for a longer period than that provided for, affecting the recording of the relevant data; 26. failure by the driver of the obligation to manually introduce some data; 27. entrusting a vehicle with digital tachograph to a driver who does not hold the tachographic card; 28. non-compliance with the provisions on the use of tachograph 29. blank on the tachograph chart of the data on the name and/or surname of the driver; ....................................................................................... 31. failure to present in traffic the required number of tachographic diagrams, the tachographic card or the listings made with the digital tachograph printer; ....................................................................................... 33. non-compliance with the immobilization measure established by the personnel with inspection and control duties; ". 2. in point 5 of Article I, paragraph 37 of paragraph 1 of Article 8 shall be repealed. 3. In Article I, point 5, the introductory part and points 1, 8, 11 and 13 to 16 of paragraph 2 of Article 8 shall read as follows: " (2) The following acts constitute serious infringements of the provisions of the Regulation of the European Parliament and of the Council ( 561/2006 561/2006, of Regulation (EEC) No 3.821/85 and, as the case may be, of the AETR Agreement and constitute contraventions, if they are not considered crimes according to criminal law: 1. exceeding the maximum daily driving period by more than one hour, but less than two hours; ....................................................................................... 8. non-compliance with the minimum daily rest period, within a period of 30 hours, when the vehicle is driven by a crew, with more than one hour, but less than two hours; ....................................................................................... 11. failure to ensure a sufficient number of approved tachographic diagrams, corresponding to the type of tachograph used for carrying out road transport operations; ....................................................................................... 13. non-compliance with the provisions on the regulation of the analog tachograph clock 14. blank on the tachograph chart of the start and end dates of the race; 15. blank on the tachograph diagram of the data on the kilometres recorded on departure; 16. non-compliance with the provisions on the obligation to repair the tachograph that failed during the journey; ". 4. In Article I, point 5, the introductory part and points 1, 8 and 12 to 18 of paragraph 3 of Article 8 shall read as follows: " (3) The following acts are minor infringements of the provisions of the Regulation of the European Parliament and of the Council ( 561/2006 561/2006, of Regulation (EEC) No 3.821/85 and, where applicable, of the AETR Agreement and constitute contraventions: 1. exceeding the maximum daily driving period by up to one hour; ....................................................................................... 8. non-compliance with the minimum daily rest period, within a period of 30 hours, when the vehicle is driven by a crew, by up to one hour; ....................................................................................... 12. the use of tahographic diagrams or dirty or damaged tahographic cards, with legible data; 13. unauthorised removal of the tachograph diagrams from the tachograph or the tachograph card from the digital tachograph before the end of the working day, which does not affect the recording of the relevant data; 14. the use of the tahographic diagrams or the tachographic card for a longer period than that provided for, which does not affect the recording of the relevant data; 15. blank on the tachograph chart of the data on the place of departure and arrival; 16. blank on the tachograph chart of the vehicle registration number data; 17. blank on the tachograph diagram of the data on the kilometres upon arrival; 18. blank on the tachograph diagram of the vehicle change time data; '. 5. In Article I, point 5, paragraph 4 of Article 8 shall read as follows: " (4) Falsification of data recorded on the tachograph diagrams, of those stored in tachograph times on the tachographic card or of the tachograph printed reports, of manual records, as well as of any document of activity attestation the driver is sanctioned according to the criminal law. " 6. In Article I, point 6, paragraph 1 of Article 9 shall read as follows: "" Art. 9. -(1) Contraventions provided in art. 8 8 shall be sanctioned as follows: a) with a fine of 8,000 lei to 16,000 lei-the facts provided in par. ((1) pt. 12 12, 14, 17, 21, 27, 33 and 34, applicable to the road transport undertaking/operator; b) with a fine of 8,000 lei to 12,000 lei-deed provided in par. ((1) pt. 13, applicable to the workshop that mounted, repaired and incorrectly calibrated the tachograph, and the act provided in par. ((1) pt. 35, applicable to the economic operator or driver who has fitted illegal devices; c) with a fine of 4,000 lei to 8,000 lei-the facts provided in par. ((1) pt. 15 -16, 18-20, 22-26, 28-30, 36 and 38, applicable to the driver, and the facts provided in par. ((1) pt. 1-11, 31 and 32, applicable to the road transport undertaking/operator; d) with a fine of 3,000 lei to 6,000 lei-the facts provided in par. ((2) 1-11 and 16, applicable to the road transport company/operator, and the facts provided in par. ((2) 12-15 and 17, applicable to the driver; e) with a fine of 1,500 lei to 3,000 lei-the facts provided in par. ((3) 1-12, applicable to the road transport company/operator, and the facts provided in par. ((3) 13-19 13-19, applicable to the driver ". This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, March 19, 2010. No. 52. ----