OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 (Road Traffic Code)
Regulation = REGULATION for the implementation of OUG 195/2002 (Road Traffic Code Regulation)
(1) Constitute contraventions and are sanctioned with the fine provided in the class IV of sanctions the following acts committed by natural persons:
1. driving on public roads of a vehicle that presents dangerous deficiencies or of a registered vehicle whose validity term of the periodic technical inspection has expired; (Point 1 was modified in the law and updated also on Școala Rutieră on 09-07-2024)
2. repealed (driving on public roads of a vehicle without having mounted one of the plates with the registration number or registration or if the plates with the registration number or registration are not fixed in the specially designated places;);
3. driving an unregistered animal-drawn vehicle;
4. failure to carry out the deregistration of vehicles from records, in the cases and terms provided by the law;
5. driving a motor vehicle intended for public transport of persons or goods without holding the professional certificate;
6. failure to carry out the periodic medical check-up;
7. repealed (failure by the family doctor to fulfill the obligations provided in art. 22 paragraph (5)*) in the case of the involvement, with guilt, of the driver of the vehicle registered with him in a traffic accident resulting only in material damages;);
8. simultaneous possession of two national driving licenses, one of which issued by a competent foreign authority;
9. sticking posters, inscriptions or writings on the signs or devices used for road signalling, including on their supports;
10. repealed (possession, installation or use in traffic on public roads of special sound or light warning devices on vehicles that do not have this right);
11. possession, installation or use in traffic on public roads of devices that disrupt the normal functioning of speed measuring devices;
12. unjustified use of special light or sound warning means by the drivers of motor vehicles that have priority traffic regime;
13. repealed (non-compliance with the regulatory signals of railway agents at the level crossing;);
14. non-compliance by the owner or mandated holder of a vehicle with the obligation to communicate, within the term indicated in the content of the request of the traffic police or local police, as the case may be, the identification data of the person to whom he entrusted the vehicle to drive it on public roads, provided in art. 39; (Point 14 was modified in the law and updated also on Școala Rutieră on 11-22-2022)
15. failure to fulfill the obligations incumbent on the drivers of vehicles that perform public transport of persons or goods;
16. non-compliance with the obligations incumbent on drivers of animal-drawn vehicles or their refusal to undergo testing regarding the consumption of alcohol or psychoactive substances; (Point 16 was modified in the law and updated also on Școala Rutieră on 09-07-2024)
17. non-compliance with the provisions of art. 74 regarding traffic on highways;
18. repealed (failure to fulfill the obligations provided in art. 79 paragraph (2) in the case of the involvement of the driver of the motor vehicle in a traffic accident resulting only in material damages;);.
19. carrying goods or persons with motor vehicles and agricultural or forestry tractors and trailers that circulate on the basis of the authorization for tests;
20. driving, putting into circulation or towing a vehicle subject to registration, on the basis of the authorization for tests issued under the conditions of art. 13 paragraph (7), outside the county or the municipality of Bucharest in whose area the holder of the authorization has its headquarters; (Point 20 was modified in the law and updated also on Școala Rutieră on 02-02-2023)
21. non-compliance with the meaning of the red light of the devices installed for signalling the lanes with reversible traffic;
22. committing by drivers of vehicles or their passengers of obscene gestures, uttering insults, addressing offensive or vulgar expressions to traffic participants;
23. throwing, leaving or abandoning on the public road objects, materials, substances or vehicles, as the case may be;
24. non-compliance with the rules regarding towing vehicles;
25. unjustified failure to appear, within the established term, at the traffic police unit to which they were invited for solving any problem related to the quality of traffic participant or owner or user of vehicle;
26. entering on modernized public roads with a vehicle that has on the wheels or on the body mud that is deposited on the carriageway or from which products, substances or materials fall or leak that endanger traffic safety;
27. transporting animals on the front seats of vehicles;
28. driving the motor vehicle on public roads covered with snow, ice or frost, without it being equipped with winter tires, and in the case of the goods transport motor vehicle with a maximum authorized total mass greater than 3.5 tons and of the passenger transport motor vehicle with more than 9 seats including that of the driver, without them being equipped with winter tires on the traction axle/axles wheels or without having mounted on these wheels chains or other certified anti-skid equipment;
29. failure to apply, at the rear of a motor vehicle and agricultural or forestry tractor registered in a state that is not a signatory to the Convention on Road Traffic, the distinctive sign of the state that performed the registration;
30. repealed (irregular waiting on public roads in conditions of reduced visibility;);
31. hitting, damaging or bypassing the gauge gates installed before the level crossing with the railway;
32. hitting and/or damaging the overpasses on public roads, by failing to comply with the clearance gauge properly signalled;
33. installing on the motor vehicle an audible anti-theft system whose signal duration exceeds more than one consecutive minute, and the signal intensity exceeds the sound threshold provided by the law;
34. failure to apply, at the rear of the vehicle that performs public transport of persons or goods, the sign with the admissible speed limits for the category to which the driven vehicle belongs;
35. application of chemical treatments or films on the windshield, rear window or side windows, except those approved and/or certified by the competent authority and that are properly marked;
36. application of posters, advertising advertisements, writings or accessories on the windshield, rear window or side windows that restrict or blur visibility below the legally admissible limit or prevent or diminish the effectiveness of lighting and light signalling devices or reading the registration number;
37. violation of the obligations regarding traffic on public roads of vehicles that transport dangerous products or goods or of vehicles with exceeded mass and/or gauge.
38. non-compliance with the communication obligation provided in art. 80^1 and in art. 81 paragraph (3) or communication of inaccurate or incomplete data;
39. driving a vehicle whose registration is suspended;
40. failure by the doctor to fulfill the obligation provided in art. 22 paragraph (6), (6^3), (8^1) or (8^5); (Point 40 was modified in the law and updated also on Școala Rutieră on 09-07-2024)
41. failure by the psychologist to fulfill the obligation provided in art. 22 paragraph (8^3). (Point 41 was introduced in the law and posted also on Școala Rutieră on 09-07-2024)
(2) The contravention fine provided in paragraph (1) is also applied to the driver of motor vehicle, agricultural or forestry tractor or tram that commits an act for which 6 penalty points are applied, according to art. 108 paragraph (1) letter d).
(3) Constitute contravention and are sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) driving under the influence of alcoholic beverages, if the act does not constitute, according to the law, an offense;
b) driving the vehicle with dangerous deficiencies to the braking system or to the steering mechanism;
c) repealed (failure to stop at the level crossing with the railway when the barriers or semi-barriers are lowered or in the process of lowering or when the signals with red lights and/or sound are in operation); (Letter c) was repealed in the law and removed also from Școala Rutieră on 27-02-2022) (it was moved to paragraph (4))
d) repealed (non-compliance with the provisions provided in art. 35 paragraph (3)); (Letter d) was repealed in the law and removed also from Școala Rutieră on 29-06-2007)
e) exceeding by more than 50 km/h the maximum speed allowed on the respective road section and for the category to which the driven motor vehicle belongs, recorded, according to the law, with approved and metrologically verified technical means;
f) possession, installation or use in traffic on public roads of special sound or light warning means on vehicles that do not have this right;
g) non-compliance with the rules regarding priority or overtaking, if this produced a traffic accident from which resulted only the damaging of a vehicle or other material damages; (Letter g) was added in the law and posted also on Școala Rutieră on 27-02-2022)
h) unjustified circulation of motor vehicles on the emergency lane of highways. (Letter h) was added in the law and posted also on Școala Rutieră on 27-02-2022)
(4) Constitute contravention and are sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 120 days the committing by the driver of motor vehicle or agricultural or forestry tractor of the following acts:
a) exceeding by more than 70 km/h the maximum speed allowed on the respective road section and for the category to which the driven motor vehicle belongs, recorded, according to the law, with approved and metrologically verified technical means;
b) failure to stop at the level crossing with the railway when the barriers or semi-barriers are lowered or in the process of lowering or when the signals with red lights and/or sound are in operation;
c) performing, by the driver of motor vehicle, on the highway or on the expressway, of the maneuver of turning or moving in reverse, of circulation in the opposite direction of the direction of traffic, of circulation or crossing from one direction of traffic to the other through forbidden areas, respectively through the median area or the connections between the two carriageway parts. (Letter c) was modified in the law and updated also on Școala Rutieră on 16-05-2022)
(1) The committing by the driver of motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, in addition to the fine sanction, also the application of a number of penalty points, as follows:
d) 6 penalty points for committing the following acts:
1. refusal to allow the immobilization of the vehicle or its technical verification;
2. non-compliance with the meaning of the regulatory signals of railway agents who direct traffic at the level crossings with the railway;
3. exceeding by 41-50 km/h the maximum speed allowed on the respective road section for the category to which the driven motor vehicle belongs, recorded, according to the law, with approved and metrologically verified technical means;
4. driving on public roads of a vehicle without having mounted one of the plates with the registration number or registration or if the plates with the registration number or registration are not fixed in the specially designated places;
5. circulation or waiting on the forbidden space that separates the directions of traffic on the highway or on the expressway; (Point 5 was modified in the law and updated also on Școala Rutieră on 16-05-2022)
6. waiting or parking motor vehicles on the highway or on the expressway in places other than those specially arranged and signalled; (Point 6 was modified in the law and updated also on Școala Rutieră on 16-05-2022)
7. repealed performing on the highway of the maneuver of turning or moving in reverse, circulation or crossing from one direction of traffic to the other through forbidden areas, respectively through the median area or the connections between the two carriageway parts; (Point 7 was repealed in the law and removed also from Școala Rutieră on 27-02-2022) (it was moved to article 102, paragraph (4))
8. non-compliance with the meaning of the signs Level crossing with a simple railway, without barriers; Level crossing with a double railway, without barriers or Stop, installed at the level crossing with a railway;
9. changing the direction of travel by turning left, if this violates the continuous longitudinal marking that separates the directions of traffic;
10. entering an intersection controlled by traffic lights, if this produces blockage of traffic inside the intersection.
(1) The driving license or its replacement proof is retained in the following cases:
b) when its holder has committed one of the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions; (Letter b) was modified in the law and updated also on Școala Rutieră on 29-06-2024)
c) at the committing of one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1); (Letter c) was modified in the law and updated also on Școala Rutieră on 31-01-2022)
(3) In the situations provided in paragraph (1) letters a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions, the replacement proof of the driving license is issued without right of circulation. (Paragraph (3) was modified in the law and updated also on Școala Rutieră on 29-06-2024)
(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving license is issued with right of circulation for a period of 15 days. (Paragraph (5) was modified in the law and updated also on Școala Rutieră on 11-02-2020)
(2) In the case in which the driver of motor vehicle, agricultural or forestry tractor or tram commits, within a six-month interval from the date of return of the driving license, a new act provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) or art. 102 paragraph (4), the period of suspension of the exercise of the right to drive applied for committing the act is increased by law by another 30 days. The increased suspension period is communicated within 15 days from the date of application of the complementary contravention sanction of suspension of the exercise of the right to drive. (Paragraph (2) was modified in the law and updated also on Școala Rutieră on 31-01-2022)
(9) The period of suspension of the exercise of the right to drive on a public road applied for committing the contraventions provided in art. 101 paragraph (3) letter d), art. 102 paragraph (3) letter a) or art. 102 paragraph (4) letter c) is increased by law by 30 days, if this produced a traffic accident from which resulted only the damaging of a vehicle or other material damages. (Paragraph (9) was added in the law and posted also on Școala Rutieră on 27-02-2022)
(1^1) In the situations provided in art. 102 paragraph (3) letters g) and h) of the Emergency Ordinance of the Government no. 195/2002, republished, with subsequent amendments and completions, the replacement proof of the driving license is issued with right of circulation for a period of 15 days. (Paragraph (1^1) was added in the law and posted also on Școala Rutieră on 17-02-2023)
Constitute contraventions and are sanctioned with the fine provided in the class IV of sanctions, meaning between 9-20 fine-points, the following acts committed by natural persons (art. 102 paragraph 1 of OUG):
The fine provided in the class IV of sanctions is also applied to the driver of motor vehicle, agricultural or forestry tractor or tram that commits an act for which 6 penalty points are applied, these acts are (art. 102 paragraph 2 of OUG and art. 108 paragraph 1 letter d of OUG):
Constitute contravention and are sanctioned with the fine provided in the class IV of sanctions, meaning between 9-20 fine-points and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts (art. 102 paragraph 3 of OUG):
Constitute contravention and are sanctioned with the fine provided in the class IV of sanctions, meaning between 9-20 fine-points and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 120 days the committing by the driver of motor vehicle or agricultural or forestry tractor of the following acts (art. 102 paragraph 4 of OUG):
In the situations in which the exercise of the right to drive is suspended for 120 days, enumerated earlier, the measure of retaining the driving license is ordered in view of the suspension of the exercise of the right to drive and a replacement proof is issued without right of circulation. (art. 111 paragraph 1 letter c and art. 111 paragraph 3 of OUG)
In the case in which within a six-month interval from the date of return of the driving license a new act is committed for which the right to drive is suspended, the suspension period is increased by another 30 days compared to the normal suspension period (art. 103 paragraph 2 of OUG).
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