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) The motor vehicles registered or recorded, except those with animal traction, which travel on public roads, must have compulsory insurance for civil liability in case of damages caused to third parties by traffic accidents, according to the law.
(2) The traffic police orders the measure of retaining the registration or record certificate and withdrawing the registration or record number plates of the uninsured vehicles, found in traffic, issuing the proof without the right of circulation.
(3) If the holder of the vehicle does not provide proof of its insurance, after 30 days from the date of applying the measure provided for in paragraph (2), the traffic police orders the removal from records of the vehicle.
(1) The registration or record certificate or the substitute proof of it is retained by the traffic police in the following cases:
a) the registered vehicle has no valid periodic technical inspection carried out or this is cancelled;
b) the constructive technical norms regarding the transport of dangerous goods are not respected;
c) the vehicle travels at night without headlights or signalling lamps, lighting and luminous signalling devices, fluorescent-reflective means, provided in the technical norms in force;
d) the vehicle travels with major or dangerous deficiencies in the lighting-signalling systems or with other devices than the approved ones;
e) the service braking system shows major or dangerous deficiencies;
f) the safety or parking braking system shows major or dangerous deficiencies;
g) the steering mechanism shows major or dangerous deficiencies;
h) the tyres have other dimensions or characteristics than those provided in the vehicle identity card, show cuts or breaks of the cord or are worn beyond the legally permitted limit;
h^1) the motor vehicle is not equipped, when travelling on public roads covered with snow, ice or frost, with winter tyres, and the goods transport motor vehicle with a maximum authorised total mass greater than 3.5 tons and the passenger transport motor vehicle with more than 9 seats, including that of the driver, are not equipped with winter tyres on the wheels of the driving axle/axles or do not have chains or other certified anti-skid equipment mounted on these wheels;
i) the noise in motion or at standstill exceeds the legally permitted limit for that type of vehicle;
j) the engine emits polluting noxes beyond the legally permitted limits;
k) the coupling device elements for towing show pronounced wear or are not compatible, being likely to cause the trailer to detach or the assembly to become unbalanced;
l) the motor vehicle, agricultural or forestry tractor or tram has posters or advertising, non-approved and/or improperly marked films or accessories applied on the windscreen, rear window or side windows, which restrict or blur visibility while driving, both from inside and outside;
m) the motor vehicle and the agricultural or forestry tractor has posters, inscriptions or advertising applied on its front and/or rear which reduce the effectiveness of the lighting and luminous signalling devices or the reading of the registration number;
n) the motor vehicle and the agricultural or forestry tractor show significant leaks of fuel or lubricant;
o) the registration or record number plates do not comply with the standard or have lighting devices applied, other than the approved ones;
p) the data in the registration or record certificate does not match the technical characteristics of the vehicle;
r) the vehicle has not been removed from circulation in the cases provided for in this emergency ordinance;
s) the vehicle is not insured for civil liability in case of damages caused to third parties by traffic accidents, according to the law;
t) the holder of the vehicle has not replaced the registration or record certificate, in accordance with the legal provisions;
u) the vehicle does not have one of the registration or record number plates mounted;
v) the vehicle is missing body elements or it is in an advanced state of degradation;
x) the lack of mandatory equipment on motor vehicles and agricultural or forestry tractors intended for teaching the driving of motor vehicles and agricultural or forestry tractors in the process of training persons for obtaining the driving license, provided by the regulations in force;
y) the registration of the vehicle is suspended, under the law.
(2) In the situations provided for in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration or record certificate, the traffic police officer issues to the driver of the vehicle a substitute proof without the right of circulation, and in the cases provided for in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a substitute proof with the right of circulation for 15 days. (Paragraph (2) was modified and updated on www.scoalarutiera.ro on 26-12-2019)
(3) In the situations provided for in paragraph (1) letters b), o), p), r) and s), together with the retention of the registration certificate, the traffic police officer also withdraws the registration or record number plates. (Paragraph (3) was modified and updated on www.scoalarutiera.ro on 26-12-2019)
(4) The registration or record certificate and the registration or record number plates, except those that do not meet the standards, are returned to the owner, the user of the vehicle or their conventional representative by the traffic police, upon presentation by them of the proof of the termination of the reason for which the document was retained, under the conditions provided in the regulation, as well as upon the termination of the suspension of the registration of the vehicle. (Paragraph (4) was modified and updated on www.scoalarutiera.ro on 29-06-2024)
(5) In the case where the registration or record certificate was retained as a result of committing a contravention regarding driving on public roads a vehicle with major or dangerous deficiencies, it is returned to the owner, the user or their conventional representative by the traffic police upon presentation of the proof issued by the Romanian Auto Registry showing that the deficiency has been remedied. (Paragraph (5) was modified and updated on www.scoalarutiera.ro on 29-06-2024)
(1) In the cases in which the law provides for the application of the technical-administrative measure of withdrawing the registration or record number plates, the driver of the vehicle is obliged to disassemble and hand over the plates to the finding agent who ordered the measure.
(2) When the driver of the vehicle refuses to hand over the plates, the finding agent disassembles the registration or record number plates himself, in the presence of an assisting witness, noting this in the record of finding the contravention.
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The registration or record certificate or the substitute proof of it is retained by the traffic police in the following cases (art. 112 paragraph 1 of OUG):
a) the registered vehicle has no valid periodic technical inspection carried out or this is cancelled; (a substitute proof with the right of circulation for a period of 15 days is issued)
b) the constructive technical norms regarding the transport of dangerous goods are not respected; (a substitute proof without the right of circulation is issued and the registration or record number plates are also withdrawn)
c) the vehicle travels at night without headlights or signalling lamps, lighting and luminous signalling devices, fluorescent-reflective means, provided in the technical norms in force; (a substitute proof without the right of circulation is issued)
d) the vehicle travels with major or dangerous deficiencies in the lighting-signalling systems or with other devices than the approved ones; (a substitute proof with the right of circulation for a period of 15 days is issued)
e) the service braking system shows major or dangerous deficiencies; (a substitute proof without the right of circulation is issued)
f) the safety or parking braking system shows major or dangerous deficiencies; (a substitute proof with the right of circulation for a period of 15 days is issued)
g) the steering mechanism shows major or dangerous deficiencies; (a substitute proof without the right of circulation is issued)
h) the tyres have other dimensions or characteristics than those provided in the vehicle identity card, show cuts or breaks of the cord or are worn beyond the legally permitted limit; (a substitute proof with the right of circulation for a period of 15 days is issued)
h^1) the motor vehicle is not equipped, when travelling on public roads covered with snow, ice or frost, with winter tyres, and the goods transport motor vehicle with a maximum authorised total mass greater than 3.5 tons and the passenger transport motor vehicle with more than 9 seats, including that of the driver, are not equipped with winter tyres on the wheels of the driving axle/axles or do not have chains or other certified anti-skid equipment mounted on these wheels; (a substitute proof without the right of circulation is issued)
i) the noise in motion or at standstill exceeds the legally permitted limit for that type of vehicle; (a substitute proof with the right of circulation for a period of 15 days is issued)
j) the engine emits polluting noxes beyond the legally permitted limits; (a substitute proof with the right of circulation for a period of 15 days is issued)
k) the coupling device elements for towing show pronounced wear or are not compatible, being likely to cause the trailer to detach or the assembly to become unbalanced; (a substitute proof without the right of circulation is issued)
l) the motor vehicle, agricultural or forestry tractor or tram has posters or advertising, non-approved and/or improperly marked films or accessories applied on the windscreen, rear window or side windows, which restrict or blur visibility while driving, both from inside and outside; (a substitute proof with the right of circulation for a period of 15 days is issued)
m) the motor vehicle and the agricultural or forestry tractor has posters, inscriptions or advertising applied on its front and/or rear which reduce the effectiveness of the lighting and luminous signalling devices or the reading of the registration number; (a substitute proof with the right of circulation for a period of 15 days is issued)
n) the motor vehicle and the agricultural or forestry tractor show significant leaks of fuel or lubricant; (a substitute proof with the right of circulation for a period of 15 days is issued)
o) the registration or record number plates do not comply with the standard or have lighting devices applied, other than the approved ones; (a substitute proof without the right of circulation is issued and the registration or record number plates are also withdrawn)
p) the data in the registration or record certificate does not match the technical characteristics of the vehicle; (a substitute proof without the right of circulation is issued and the registration or record number plates are also withdrawn)
r) the vehicle has not been removed from circulation in the cases provided for in this emergency ordinance; (a substitute proof without the right of circulation is issued and the registration or record number plates are also withdrawn)
s) the vehicle is not insured for civil liability in case of damages caused to third parties by traffic accidents, according to the law; (a substitute proof without the right of circulation is issued and the registration or record number plates are also withdrawn)
t) the holder of the vehicle has not replaced the registration or record certificate, in accordance with the legal provisions; (a substitute proof with the right of circulation for a period of 15 days is issued)
u) the vehicle does not have one of the registration or record number plates mounted; (a substitute proof with the right of circulation for a period of 15 days is issued)
v) the vehicle is missing body elements or it is in an advanced state of degradation; (a substitute proof with the right of circulation for a period of 15 days is issued)
x) the lack of mandatory equipment on motor vehicles and agricultural or forestry tractors intended for teaching the driving of motor vehicles and agricultural or forestry tractors in the process of training persons for obtaining the driving license, provided by the regulations in force. (a substitute proof with the right of circulation for a period of 15 days is issued)
y) the registration of the vehicle is suspended, under the law. (a substitute proof with the right of circulation for a period of 15 days is issued)
In the situations provided for in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration or record certificate, the traffic police officer issues to the driver of the vehicle a substitute proof without the right of circulation, and in the cases provided for in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a substitute proof with the right of circulation for 15 days (art. 112 paragraph 2 of OUG).
In the situations provided for in paragraph (1) letters b), o), p), r) and s), together with the retention of the registration certificate, the traffic police officer also withdraws the registration or record number plates (art. 112 paragraph 3 of OUG).
The registration or record certificate and the registration or record number plates, except those that do not meet the standards, are returned to the owner, the user of the vehicle or their conventional representative by the traffic police, upon presentation by them of the proof of the termination of the reason for which the document was retained, under the conditions provided in the regulation, as well as upon the termination of the suspension of the registration of the vehicle (art. 112 paragraph 4 of OUG).
In the case where the registration or record certificate was retained as a result of committing a contravention regarding driving on public roads a vehicle with major or dangerous deficiencies, it is returned to the owner, the user or their conventional representative by the traffic police upon presentation of the proof issued by the Romanian Auto Registry showing that the deficiency has been remedied (art. 112 paragraph 5 of OUG).
The motor vehicles registered or recorded, except those with animal traction, which travel on public roads, must have compulsory insurance for civil liability in case of damages caused to third parties by traffic accidents, according to the law (art. 76 paragraph 1 of OUG).
The traffic police orders the measure of retaining the registration or record certificate and withdrawing the registration or record number plates of the uninsured vehicles, found in traffic, issuing the proof without the right of circulation. If the holder of the vehicle does not provide proof of its insurance, after 30 days from the date of applying the measure, the traffic police orders the removal from records of the vehicle (art. 76 paragraphs 2 and 3 of OUG).
In the cases in which the law provides for the application of the technical-administrative measure of withdrawing the registration or record number plates, the driver of the vehicle is obliged to disassemble and hand over the plates to the finding agent who ordered the measure (art. 200 paragraph 1 of the Regulation).
When the driver of the vehicle refuses to hand over the plates, the finding agent disassembles the registration or record number plates himself, in the presence of an assisting witness, noting this in the record of finding the contravention (art. 200 paragraph 2 of the Regulation).
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