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Law No. 5 Of January 8, 2014

Original Language Title:  LEGE nr. 5 din 8 ianuarie 2014

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LEGE no. 5 5 of 8 January 2014 (* republished *) on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 439 439 of 13 June 2016



Note
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* *) Republicated pursuant to art. IV of Law no. 55/2016 to amend and supplement Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, published in Official Gazette of Romania, Part I, no. 282 of 14 April 2016, giving the texts a new numbering.
Law no. 5/2014 on some measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements has been published in the Official Gazette of Romania, Part I, no. 31 31 of 15 January 2014.
---------- + Chapter I General provisions + Article 1 ((1) The present law aims to facilitate the cross-border exchange of information between the competent authorities of Romania and those of the other Member States or of the participating states, regarding the violations of the traffic rules affecting road safety, when the infringement was committed with a vehicle registered in a participating Member State or State other than the State in which the act was committed, as well as the facilitation of the execution by the Romanian authorities of sanctions applied for violations committed on the territory of Romania with registered vehicles in other Member States and participating States. (2) In order to achieve the purpose provided in par. (1), the present law establishes: a) the Romanian public authority through which the cross-border exchange of information on traffic violations affecting road safety, as a national point of contact, will be ensured; b) the way of carrying out the exchange of information by using automated searching of the registration data of vehicles and their owners or keepers; c) the information method, by the competent Romanian authorities, of the owner, owner of the vehicle or of the person identified in another way, regarding the violation, on the territory of Romania, of the traffic rules affecting safety road, if this infringement is committed with a vehicle registered in another Member State; d) the legal regime of violations of traffic norms affecting the road safety that were committed on the territory of Romania. (3) This law applies in relation to the United Kingdom of Great Britain and Northern Ireland, Ireland, the Kingdom of Denmark and the Swiss Confederation, as of the date on which those States will be subject to application Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on traffic violations affecting road safety. ((. This Law shall be without prejudice to provisions Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions, and the relevant international and European law rules in the field of judicial cooperation in criminal matters. ((5) This law applies in relation to a third State on the basis and under the terms of the agreement concluded by a third State with the European Union in order to participate in the exchange of data on the registration of suitable vehicles Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015, from the time of entry into force of this Agreement. + Article 2 (1) For the purposes of this law, the following terms and expressions have the following meanings: a) Member State-Member State of the European Union or of the European Economic Area; b) competent Romanian authorities-Romanian authorities with attributions established according to the law for the finding and sanctioning of violations of traffic norms affecting the road safety provided in art. 3 3 para. (1), committed on the territory of Romania; c) automated search-the direct access procedure through an electronic communications service that involves consulting, by the competent authority of a participating Member State or State, in real time, of the system of record belonging to other Member States or States participating, in the form of an application submitted, or the transmission, by a single communication message, to the national contact points of these States of a batch of data containing multiple requests or replies, which Automated processing will be processed; d) national contact point-competent authority designated by a participating Member State or State for the exchange of vehicle registration data; e) Participating State-third State with which the European Union has entered into an agreement to participate in the exchange of data on the registration of vehicles; f) vehicle-any motor vehicle subject to registration, according to the national legislation of the Member State or of the participating State; g) the state in which the violation was committed-the Member State or the participating state in which the violation of traffic rules affecting road safety was committed; h) the State of registration-the Member State or the participating State in which the vehicle with which the traffic violation affecting road safety has been committed has been registered; i) excess speed-exceeding the maximum permissible speed limit for the vehicle category on a particular road sector, as this deed is established and sanctioned according to Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; j) non-use of the seatbelt-violation of the obligation to wear a seat belt or to use child safety devices, as this deed is established and sanctioned according to the Implementing Regulation Government Emergency Ordinance no. 195/2002 on traffic on public roads, approved by Government Decision no. 1.391/2006 , with subsequent amendments and completions, or, where appropriate, Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; k) non-compliance with the significance of the red traffic light-non-compliance with the obligation to stop the vehicle at the red traffic light or at any other equivalent stop signal, as this deed is established and sanctioned according to Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; l) driving under the influence of alcohol-driving a vehicle by a person under the influence of alcoholic beverages, as this act is established and sanctioned according to Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or, as the case may be, Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; m) driving under the influence of psychoactive substances-driving a vehicle by a person under the influence of drugs or other substances with similar effects, the act established and sanctioned according to art. 336 336 para. ((2) of Law no. 286/2009 , with subsequent amendments and completions, or, as the case may be, according to the legislation of the state in which the act was found, other than Romania, if the act is provided for and sanctioned by the laws of Romania; n) non-use of helmet-non-compliance with the obligation to wear a helmet during traffic on public roads by drivers of motorcycles/mopeds and persons transported on them, as this deed is established and sanctioned according to Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; o) the use of a prohibited lane-non-compliance with the prohibition or restriction to drive a vehicle in a lane of the direction of travel, as this deed is established and sanctioned according to Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or according to the legislation of the state in which the violation was committed, other than Romania; p) unlawful use of a mobile phone or other communication device while driving-non-compliance with the prohibition to use the mobile phone or other communication equipment while driving without the use of the type device "" free hands ", as this deed is established and sanctioned according to Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or non-compliance with the prohibition to use the mobile phone or other communication equipment during the management, as this deed is established and sanctioned according to the legislation the state in which the violation was committed, other than Romania; q) the holder of the vehicle-the natural or legal person other than the owner, in whose name the vehicle registration operation is carried out or which is entered in the registration certificate as a user of the vehicle by virtue of a legal right according to legal provisions or, as the case may be, the legislation of the state of registration, other than (2) By child safety device provided in par. ((1) lit. j), in the sense Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, or of the Implementing Regulation Government Emergency Ordinance no. 195/2002 on traffic on public roads, approved by Government Decision no. 1.391/2006 , with subsequent amendments and completions, it is understood child seat fixing device. (3) By stop signal equivalent to the red color of the traffic light, provided in par. ((1) lit. k), in the sense Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, is understood the red light of the devices installed for the signage of the lanes with reversible circulation. (4) By communication equipment, provided in par. ((1) lit. p), in the sense Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, is understood any technical equipment also having the mobile phone function. + Chapter II Cross-border exchange of information on traffic violations affecting road safety + Section 1 Application areas + Article 3 (. This law shall apply to the following traffic violations affecting road safety, hereinafter referred to as infringements: a) speeding; b) non-use of seatbelt; c) non-compliance with the significance of the red traffic light; d) drink driving; e) driving under the influence of psychoactive substances f) non-use of protective helmet; g) use of a prohibited strip; h) illegal use of a mobile phone or other communication devices while driving. (2) The cross-border exchange of information between Member States, as well as between Member States and participating States, in the case of infringements referred to in paragraph 1. ((1), shall be carried out by the access of the national contact points of these States to the following data on the registration of vehicles in the records belonging to other Member States or to the participating States: a) vehicle data; b) data on owners or owners of vehicles. (3) According to this law, the cross-border exchange of information on traffic violations affecting road safety involves access and obtaining data, under the conditions of par. (2), through automated search conducted through the IT platform EUCARIS, whose national component is managed according to the law by the Direction of Driving Permits and Vehicle Registration Regime of the Ministry of Business Internal, hereinafter referred to as DRPCIV. (4) The provisions of this law regarding the access of the Romanian national contact point to the data on the registration of vehicles from the records belonging to other Member States or to the participating states apply in the event of violations committed on the territory of Romania with vehicles registered in another Member State or in a participating State, if: a) were found by the competent Romanian authorities with the help of certified technical means or technical means approved and metrologically verified or through the technical means of finding used under the law; b) the competent Romanian authorities do not hold the data of the persons responsible for violations and carry out investigations in order to + Section 2 National contact points and competent Romanian authorities + Article 4 (1) The DRPCIV is designated as the national contact point for Romania, for the purpose of: a) automatic provision of the data referred to in art. 3 3 para. (2) to the national contact points of the Member States and of the participating States, under the conditions of this Law; b) to ensure the access of the competent Romanian authorities in order to carry out the automated search for the data 3 3 para. ((2) in the records of the Member States or of the participating States, under the conditions of this Law. (2) The automated search provided in par. ((1) lit. b) and the collection of data on the registration of vehicles by the competent Romanian authorities is carried out through DRPCIV, only in order to carry out investigations regarding the violations committed on the territory of Romania with vehicles registered in another Member State or in a participating State. (3) The automated search provided in par. ((1) lit. b) is carried out if the competent Romanian authorities do not hold the data of the persons responsible for the violations committed on the territory of Romania with vehicles registered in another Member State or in a participating state and carry out investigations in order to identify them. (4) The automated search provided in par. ((1) lit. b) is subject to the use by the competent Romanian authorities of a complete registration number. (5) The procedure for the search and supply of data on the registration of vehicles provided for in art. 3 3 para. (2), as well as the elements of these data are established by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. *) Note
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* *) See Order of the Deputy Prime Minister, Minister of Internal Affairs, no. 65/2014 for the establishment of the Procedure for the search and supply of data on the registration of vehicles, as well as of the elements of this data, published in the Official Gazette of Romania, Part I, no. 334 334 of 7 May 2014, as amended.
---------- + Article 5 (. The national contact points of the Member States other than Romania shall be authorised: a) to access the automated register of driving licences and registered vehicles, hereinafter referred to as RNEPCVI, constituted at the level of DRPCIV according to Government Ordinance no. 83/2001 on the establishment, organisation and functioning of Community public services for the issue and registration of simple passports and Community public services, driving licences and vehicle registration, approved with amendments and additions by Law no. 362/2002 , as amended and supplemented; and b) to carry out automated searches on the data provided in art. 3 3 para. ((2) Existing in RNEPCVI. (2) The national contact points of the participating states are authorized to carry out the activities referred to in par. ((1) only under the terms of the agreement concluded by the third State with the European Union for participation in the exchange of data on the registration of vehicles Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015. (3) The authorization provided in par. (1) and (2) consist in conferring automated access to RNEPCVI in order to carry out, by the competent authorities of the state in which the violation was committed with a vehicle registered in Romania, of investigations relating to violations, thus how they are defined in the national legislation of this state. (4) Obtaining by the national contact points of the states in which the violation, other than Romania, of the data provided in art. 3 3 para. (2), by automated search, it is carried out free of charge and is subject to the use of a complete registration number. + Article 6 (1) The competent Romanian authorities, under this law, are empowered: a) to participate in the cross-border exchange of information regarding violations, by using the automated search of the data provided in art. 3 3 para. (2) in the records belonging to other Member States or to the participating States; b) carry out investigations to identify the driver of the vehicle with which the violation was committed on the territory of Romania; c) to transmit the information letter provided for in art. 13. (2) The competent Romanian authorities shall be designated by Government decision. + Article 7 (1) In order to carry out investigations provided in art. 6 6 para. ((1) lit. b) regarding violations committed on the territory of Romania with a vehicle registered in another Member State or in a participating state, the competent Romanian authorities shall access the data on the registration of the vehicle provided for in art. 3 3 para. ((2) of the registration systems of the State of registration. Access is carried out within a maximum of 30 days from the date of the infringement. (2) After obtaining the data on the owners or holders of the vehicles with which the infringements were committed and after the legal classification of the facts, the competent Romanian authorities shall trigger the necessary procedures for informing them of at the initiation of legal steps on the finding of facts, under the law. (3) The procedures provided in par. (2) involve the transmission, under the conditions of this law, of the information letter provided in art. 13 to the owners or holders of the vehicles with which the violations were committed. (4) The provisions provided in par. ((2) and (3) shall apply accordingly where, by responding to the information letter, the owners or holders of the vehicles shall indicate to the competent Romanian authorities another person who has committed the infringement. (5) By exception to the provisions of par. (2), the competent Romanian authorities do not trigger the information procedures provided in par. (3) when the infringement constitutes a contravention and the authority is found in one of the following situations: a) following one or more previous briefings addressed to the same person, no reply has been received; b) the data provided by the filing system are incomplete and did not allow, upon a previous request, to contact the owner/user of the vehicle. (6) In the case provided in par. ((5), the data obtained with regard to the owners or holders of the vehicles with which the violations were committed shall be deleted as soon as the conditions for each of the situations referred to in point have been met. a) or b). (7) If the violation on the territory of Romania constitutes a crime, the provisions of the Code of Criminal Procedure are applicable. + Section 3 Protection of personal data + Article 8 The processing of personal data carried out under this law by the competent Romanian authorities and the DRPCIV is carried out in compliance with the provisions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. + Article 9 In the sense art. 3 lit. e) of Law no. 677/2001 , with subsequent amendments and completions, DRPCIV and the competent Romanian authorities designated according to the provisions of art. 6 6 para. (2) are operators of personal data for the processing carried out under this law, according to their own competences. + Article 10 (1) Data collected according to art. 4 4 para. (2), obtained under the conditions of this law, are processed by the competent Romanian authorities only for the purpose of establishing the person responsible for the violations committed on the territory of Romania (2) In order to fulfill the duties provided by this law, the competent Romanian authorities are empowered to create systems of record of their own personal data according to the purpose provided in par. ((1), for: a) conducting investigations into violations committed on the territory of Romania with a vehicle registered in a Member State, other than Romania, or in a participating state; b) facilitating the execution by the Romanian authorities of sanctions applied for violations committed on the territory of Romania by citizens or residents of a Member State or of a participating state. (3) The conditions regarding the organization and functioning of the recording systems created according to the provisions ((2) and measures to ensure the security of the data shall be established by the provision of the controller of the personal data controller. (4) Personal data collected and stored according to the provisions of par. ((2) may not be processed for any purpose other than that provided for by this Law. (5) The term of storage for data processed according to the provisions of this law is 5 years. The term begins to run from 1 January of the year following that in which the data was collected. (6) Upon completion of the storage period provided in par. (5), personal data are automatically deleted, through irreversible procedures. + Article 11 (1) In case of processing of personal data carried out in RNEPCVI, according to the provisions of art. 5 5 para. ((1) and (2), the data subject may obtain from DRPCIV, for each processing operation, on request and free of charge for a request per year, under the conditions art. 13 13 para. ((2) of Law no. 677/2001 , with subsequent amendments and completions, the following information on the data accessed by the national contact points of the states in which the violation was committed, other than Romania: a) the categories of personal data relating to it, stored in RNEPCVI and communicated, under the conditions of this law, to the competent authority of the state in which the violation was committed, other than Romania; b) the date on which the automated search was carried out regarding the personal data concerning him; c) the name of the competent authority to which the data was communicated and, if any, its identification data. (2) In the case of requests made according to paragraph ((1), by way of derogation from the provisions Law no. 677/2001 , with subsequent amendments and completions, the deadline for the wording of an answer is 60 days from the date of application. Within this period, the DRPCIV shall request information from the national contact point of the State which accessed the data from the RNEPCVI and/or the competent authority to which the data was communicated as appropriate + Article 12 In the case of applications for the exercise of art. 13 13-15 of Law no. 677/2001 , with subsequent amendments and completions, addressed to the competent Romanian authorities and aimed at the processing of personal data carried out under the conditions of this law regarding violations committed on the territory of Romania with a vehicle registered in another Member State or in a participating State, the time limit for submitting the reply to the data subject shall be up to 60 days from the date of receipt of the request. + Chapter III Information letter on the violation of traffic rules affecting road safety + Article 13 (1) The competent Romanian authorities shall transmit the information letter regarding the violations committed on the territory of Romania with a vehicle registered in another Member State to the following recipients: a) the owner or owner of the vehicle whose data was obtained under the conditions of this law; b) the person identified in another way, suspected of having committed the violation. (2) The information letter shall be sent to the addressees referred to in par. ((1) within a maximum of 30 days from the date of obtaining their identification data. The form and content of the information letter on the violation of traffic rules affecting road safety shall be established by order of the Minister of Internal Affairs, which shall be published in the Official Gazette of Romania, Part I. *) Note
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* *) See Minister of Internal Affairs Order no. 75/2016 for the establishment of the form and content of the information letter on the violation of traffic rules affecting road safety, published in the Official Gazette of Romania, Part I, no. 320 320 of 26 April 2016.
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The information letter shall contain at least the following relevant information: a) the violation committed, as established by the Romanian legislation, as well as the contravention or criminal nature of it, as the case may be; b) the place, date and time at which the violation was committed and its detailed description; c) an express mention of the normative act establishing and sanctioning the violation, including the legal category, the number, the date of publication and its title, as well as references to the legal provisions that were violated and the sanction related; d) an express mention regarding the possibility of contesting, according to the law, the minutes of finding the contravention and the application of the sanction, to be concluded by the ascertaining agents of the competent Romanian authorities, if the act constitutes contravention; e) device data used to detect infringements; f) the legal consequences of the infringement, according to Romanian legislation g) the existence of the right of access to personal data, under the conditions of art. 12 12; h) the existence of the right of intervention on personal data; i) the term data storage, provided in art. 10 10 para. ((5); j) particulars provided for art. 13 13 para. ((1) lit. e) of Law no. 677/2001 , with subsequent amendments and completions; k) the possibility of paying half of the minimum of the contravention fine provided by law for violation, the identification data of the account in which its value is to be transferred, as well as the possibility of informing the authorities Romanian by submitting the proof of payment; l) an express mention regarding the possibility of further communication of the minutes of finding the contravention and application of the sanction by telefax, electronic mail or by other means that ensure its transmission and confirmation receiving, if the recipient indicates to the competent Romanian authority the corresponding data for this purpose; m) the answer period, to the competent Romanian authority, to the information letter; n) the possibility to request the competent Romanian authorities, only once, additional information regarding the violation, within a maximum of 15 days from the receipt of the information letter, as well as the mention that it does not extend the term answer to the competent Romanian authority. (. The information letter shall be drawn up in the language of the Member State used in the registration document of the vehicle with which the infringement was committed, if this document is available or, where applicable, in one of the official languages of the State Member in which the vehicle is registered. (5) The communication of the letter of information shall be made by post, with registered letter, with declared content and acknowledgement of receipt, in closed envelope, to the owner, owner of the vehicle or person identified in another way, suspected as committed the violation, the data of which were obtained under the conditions of this law. (6) For the purposes of this chapter, by the person otherwise identified, suspected of having committed the infringement, it is understood, as the case may be: a) the person indicated that he drove the vehicle at the time of the act on the territory of Romania, by the owner or the holder of the vehicle, by responding to the information letter communicated to the competent b) the person about whom the competent Romanian authorities have information that he drove the vehicle at the time of the act on the territory (7) The provisions contained in this chapter shall apply, under the conditions of the agreement provided for in art. 5 5 para. ((2), and in the case of drivers of vehicles registered in the participating States. ((8) The deadline for the reply to the information letter cannot be determined by the competent Romanian authority for a period of less than 30 days. + Article 14 By way of derogation from provisions art. 28 28 para. (1) 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, as well as from the provisions art. 109 109 para. (5) of Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions, the recipient provided in art. 13 13 para. (1), to which the information letter was communicated, has the possibility: a) to pay half of the minimum of the fine provided by law for violation, as established and sanctioned by the Romanian legislation, until the deadline for response to the competent Romanian authority; and b) to inform, accordingly, the competent Romanian authorities, by responding to the information letter. + Article 15 (1) If the recipient referred to in art. 13 13 para. (1) to which the information letter is communicated shall request, within the period provided for in art. 13 13 para. ((3) lit. n), additional information regarding the violation of the competent Romanian authorities, they communicate the necessary elements within a maximum of 15 days from the receipt of the request. (2) If the recipient referred to in art. 13 13 para. (1) to whom the information letter has been communicated, in response, the existence of an error of identification in respect of the infringement detected, the competent Romanian authorities shall carry out the necessary investigations and shall communicate an answer in the not more than 10 days after receipt of the reply. (3) The response of the competent Romanian authorities to the requests provided in ((1) and (2) shall be drawn up in a language of international circulation and shall be communicated under the conditions of art. 13 13 para. ((5) or of art. 19 19 para. ((4), which shall apply accordingly. + Article 16 After receiving from the owner, the owner of the vehicle or the person otherwise identified, suspected of having committed the breach, of the response to the information letter resulting in the identity of the person who drove the vehicle to the timing of the infringement and the fact that it recognises that it has led the vehicle at the time of the infringement, the finding agents of the competent Romanian authorities shall, where appropriate, take the following measures: a) finds the contravention and applies the legal contravention sanction, by drawing up the minutes of finding the contravention and applying the sanction, in case the violation constitutes contravention; b) draw up the acts of finding, according to the provisions of the Code of Criminal Procedure, in case the violation provided in art. 3 3 para. ((1) constitutes a crime. + Chapter IV Legal regime of violation of traffic rules on public roads that constitute contraventions, committed on the territory of Romania with a vehicle registered in a Member State or in a participating state + Article 17 ((1) The finding of violation of traffic rules on public roads committed on the territory of Romania with a vehicle registered in another Member State or in a participating state, which, according to the law, constitutes contraventions, and application Contravention sanctions shall be made under the conditions laid down in this Chapter, if the vehicle was driven by a citizen of a Member State other than Romania, a citizen of a participating State or a Romanian citizen, or foreign to domicile or, where applicable, residence or residence in these states. ((2) The fines imposed on citizens of the Member States, other than Romania, citizens of a participating state or Romanian citizens or foreigners with domicile or, as the case may be, residence or residence in these states, for violations committed under the conditions provided in par. (1) which, according to the law, constitutes contraventions, are made income to the state budget and shall be paid in cash at any State Treasury unit or by transfer to the corresponding income account of the state budget opened at the Treasury and Public Accounting of the Municipality of Bucharest, codified with the tax identification code of the Regional General Directorate of Public Finance Bucharest. (3) Upon payment by transfer of fines provided in par. (2) any means of payment, such as postal services, financial-banking institutions or electronic payment instruments, as well as the National Electronic System for the online payment of taxes using the bank card, can be used. + Article 18 (1) The minutes of finding the contravention and applying the sanction in case of contravention committed under the conditions provided in art. 17 17 para. (1) will necessarily include the following information: a) the date and place of completion; b) the name, surname, quality and institution to which the finding agent belongs; c) data relating to the identity of the person who drove the vehicle at the time of the infringement, namely the name and surname, the date and, where applicable, the place of birth, the address of residence or residence or, where applicable, the number of the driving, the date and place of its release or a number of identification of the person, provided by this or obtained by the ascertaining agent according to the provisions 4 4 para. ((2); d) description of the contravention deed with the indication of the date, time and place in which it was committed, as well as the showing of all the circumstances that may serve to appreciate the seriousness of the act; e) device data used to detect infringements; f) indication of the normative act establishing and sanctioning the contravention; g) the penalty applied; h) the possibility of paying, within 48 hours, half of the minimum fine provided for by the normative act; i) the obligation to inform the Romanian authorities accordingly about the payment of the fine, by submitting the proof of payment; j) an express mention regarding the possibility of contesting, according to the law, the minutes of finding the contravention and the application of the sanction, concluded by the ascertaining agents of the competent Romanian authorities, namely the term exercising the appeal and the body to which the complaint is lodged. ((2) If, by the answer to the information letter, the recipient provided for in art. 13 13 para. (1) communicate to the Romanian authority competent and proof of payment of half of the minimum of the contravention fine provided by law for the violation with regard to which it was informed, in the minutes of finding the contravention and of application of the sanction, drawn up according to the law, the finding agent makes an appropriate mention. In this case, the provisions referred to in par. ((1) lit. h) and i) do not apply. + Article 19 (1) The minutes of finding the contravention and application of the sanction, drawn up according to the law, for the contraventions committed under the conditions provided in art. 17 17 para. (1), as well as the notice of payment shall be communicated to the offender, under the conditions of this chapter. (2) The communication of the minutes of finding the contravention and the application of the sanction, as well as the notice of payment shall be made by post, with acknowledgement of receipt, in closed envelope, at the residence, residence or residence abroad of the offender citizen of a Member State other than Romania, citizen of the participating State, Romanian or foreign national. (3) The communication of the minutes of finding the contravention and the application of the sanction, as well as the notice of payment shall be made no later than two months after the date of application of the sanction. By the date of application of the sanction it is understood the date of conclusion of the minutes of finding the contravention and application of the sanction by which the contravention sanction applies. (4) The minutes of finding the contravention and the application of the sanction can be communicated to the offender and by telefax, electronic mail or by other means that ensure its transmission and the confirmation of receipt, if the recipient, by the reply to the information letter, the competent Romanian authority shall indicate the corresponding data for that purpose (5) In the situation referred to in par. (2), the minutes of finding the contravention and the application of the sanction shall be deemed communicated within two months from the date of the expedition, if the correspondence is not returned or its receipt is not confirmed within a shorter period, without the need to communicate by display at the residence, residence or residence abroad of the offender or by other means of advertising. (6) The procedure for communicating the minutes of finding the contravention and the application of the sanction, as well as the notice of payment shall be deemed fulfilled: a) on the date stated on the confirmation of receipt or proof of their receipt by the offender or other person; b) on the date of the record by the staff of the postal service provider, as the case may be, of the refusal to sign the acknowledgement of receipt, the refusal to receive the correspondence or the impossibility to sign, for good reasons, the confirmation of receipt, whether or not the recipient has received personal correspondence. (7) In case of communication of the minutes of finding the contravention and application of the sanction, as well as the notice of payment according to the provisions of par. ((4), the procedure shall be deemed fulfilled on the date shown on the printed copy of the confirmation of dispatch, certified by the staff of the authority or institution that made the transmission. + Article 20 Execution of contravention sanctions applied for contraventions committed under the conditions provided in art. 17 17 para. (1) it is prescribed whether the minutes of finding the contravention and the application of the sanction was not communicated to the offender within two months from the date of application of the sanction. + Article 21 (1) The execution of sanctions of a financial nature applied to Romanian citizens or persons with domicile, residence or, as the case may be, normal residence on the territory of Romania, who have goods or a source of income in this state, by the authorities competent authorities of other Member States, following the commission, in their territories, of the infringements provided for in Article 1. 3 3 para. (1) with vehicles registered in Romania, shall be made by the Romanian judicial enforcement authorities, under the provisions of Title VII Head. II section 4 of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions. (2) In the case of the application by the Romanian authorities of sanctions of a financial nature as a result of violations committed on the territory of Romania with vehicles registered in other Member States, which, according to the law, constitute crimes, the request for their execution is carried out under the provisions of Title VII Head. II section 4 of Law no. 302/2004 , republished, with subsequent amendments and completions. + Article 22 The provisions of this Chapter shall be duly completed with the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 6 6 para. ((2), art. 9 9, art. 391, as well as with the provisions of Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions. + Chapter V Final provisions + Article 23 (1) Within 3 months from the date of entry into force of this Law, Romania, through the Ministry of Internal Affairs, shall submit to the European Commission the following information: a) the provisions of the present law and of the orders of the Minister of Internal Affairs provided 4 4 para. ((5) and in art. 13 13 para. ((2); b) the legal norms on traffic on public roads relating to the field regulated by this law, other than those provided in lett. a), applicable on Romanian territory; c) other data necessary and useful to the European Commission for the elaboration of the synthesis on the rules in force in the Member States relating to the regulated field of Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015, provided for in art. 8 8 para. ((1) of the Directive. (2) The information provided in par. (1) are provided by DRPCIV and the competent Romanian authorities. (3) The competent Romanian authorities shall carry out activities to provide the information provided in par. ((1) lit. a) and b) to road users as defined by Government Emergency Ordinance no. 195/2002 , republished, with subsequent amendments and completions. (4) In order to carry out the activities referred to in (3), the competent Romanian authorities shall collaborate with legal persons, organisations, bodies responsible for road safety, non-governmental organisations operating in the field of road safety and motoring clubs interested and cooperate with other institutions and authorities of the public administration at central and local level, under the law. + Article 24 (1) In order to monitor and control the application of the provisions contained in this Law, the Ministry of Internal Affairs shall prepare a complete report, as well as periodic reports. (2) The reports provided in par. (1) contain the following data: a) the number of automated search requests carried out by the Romanian authorities competent in the registration systems of the registration states, under the conditions of this law, following the violations committed on the territory of Romania with registered vehicles in another Member State or in a participating State; b) the contravention or criminal nature, as the case may be, of the violations for which applications for automated search have been submitted by the competent Romanian authorities, as provided for in art. 3 3 para. ((1) and established by national law; c) the number of automated search requests submitted by the competent Romanian authorities which have been rejected by the competent authorities of the Member States or of the participating States; d) a description of the situation at national level in relation to the subsequent measures taken by the competent Romanian authorities on infringements, on the basis of the proportion of infringements which have been the subject of information letters. (3) The reports provided in par. (1) shall be drawn up by the Ministry of Internal Affairs, on the basis of the information collected and provided by: a) DRPCIV and the competent Romanian authorities; b) Ministry of Justice, in case of violations that, according to the law, constitute crimes. (4) Romania, through the Ministry of Internal Affairs, tells the European Commission the full report, by May 6, 2016, and subsequently, regular reports, every 2 years. (5) The reports provided in par. (1) shall not contain any personal data or classified information. (6) The reports provided in par. (1) shall be drawn up by the Ministry of Internal Affairs, so as to comply with the calendar provided in par. ((4). * This law transposes into national law the provisions of art. 1-3 1-3, art. 4 4 para. (1) first sentence, para. ((2), para. (3) first and third sentences, para. ((4) and (5) and art. 5 5-8 of Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on traffic violations affecting road safety, published in the Official Journal of the European Union, L series, No. 68 68 of 13 March 2015. Note
NOTE:
We reproduce below the provisions art. III of Law no. 55/2016 to amend and supplement Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, which are not incorporated in the republished form of Law no. 5/2014 and which continue to apply, as own provisions of the amending act:
"" Art. III. -Within 2 months from the date of entry into force of this Law, Romania, through the Ministry of Internal Affairs, shall submit to the European Commission updated information provided for art. 23 23 para. ((1) of Law no. 5/2014 on certain measures to facilitate the cross-border exchange of information on traffic violations affecting road safety and to facilitate the enforcement of sanctions applied to these infringements, as amended and the additions made by this law. " -----