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) Deregistration of vehicles is carried out by the authority that performed the registration or recording, at the request of the owner, only in the following cases:
a) the owner wishes to withdraw the vehicle from circulation and provides proof of storing it in an adequate space, owned under the law;
b) the owner provides proof of dismantling, scrapping or handing over the vehicle to specialized units for dismantling, in which case the deregistration is final;
c) when removing a vehicle from Romania, for the purpose of registration in another state;
d) in the case of the theft of the vehicle.
(2) Deregistration of recorded vehicles, when they pass into the ownership of another person, is carried out by the authority that performed the recording, at the request of the owner, under the conditions of the law.
(3) It is prohibited the circulation on public roads of vehicles deregistered from the records.
(4) Vehicles declared, according to the law, by disposition of the local public administration authority, without an owner or abandoned, are deregistered ex officio within 30 days from the receipt of the respective disposition.
(5) Deregistration of a vehicle is carried out, ex officio, by the authority that performed the registration, also in the following situations:
a) in the case of notification received from competent authorities or economic operators authorized to issue the destruction certificate, which certifies that the vehicle has been definitively decommissioned;
b) in the case of notification received from competent authorities, which certifies that the vehicle has been permanently registered in another state.
c) upon notification from the Ministry of Foreign Affairs, in the case of motor vehicles and trailers belonging to diplomatic missions, consular offices and their members, as well as other foreign organizations and persons with diplomatic or consular status;
d) based on a final court decision.
e) in the case in which the suspension of the vehicle registration provided in art. 11 paragraph (4^3) has operated for an uninterrupted period of 9 months;
f) in the other cases provided by law in which the suspension of the vehicle registration has operated for an uninterrupted period of 3 years, except for vehicles of historical interest for which the corresponding mention exists in the "Observations" section of the registration certificate, in which case the suspension period is 10 years.
(5) Confiscation is ordered by the traffic police officer through the minutes of finding the contravention, together with the application of the fine sanction.
(6) Are subject to confiscation:
a) the special luminous and sound warning means owned, mounted and used on other motor vehicles than those provided in art. 32 paragraphs (2) and (3);
OUG - Article 32
(2) Are authorized to use special luminous warning signals:
a) for the red light - the motor vehicles belonging to the police and firefighters;
b) for the blue light - the motor vehicles belonging to the police, gendarmerie, border police, the Romanian Customs Authority, the National Agency for Fiscal Administration, the ambulance or forensic service, civil protection, the Salvamont and Salvaspeo public services organized by the county councils and local councils, the Ministry of National Defense accompanying military convoys, the special units of the Romanian Intelligence Service and of the Protection and Guard Service, the National Penitentiary Administration within the Ministry of Justice, as well as the service motor vehicles of the prosecutors from the Public Ministry, when moving in intervention actions or in missions of emergency character;
c) for the yellow light - the motor vehicles with exceeded masses and/or size dimensions or those accompanying such vehicles, those transporting certain dangerous goods or substances, those intended for maintaining, repairing or verifying works carried out in the carriageway or carrying out road works, street cleaning, snow removal or towing, transporting and repairing motor vehicles that remained broken down or damaged, as well as tractors towing agricultural and technological machinery with exceeded size dimensions.(3) The motor vehicles provided in paragraph (2) letters a) and b) must also be equipped with special sound warning means.
b) devices that disrupt the functioning of the technical means for traffic monitoring;
c) the plates with the registration or recording number that do not meet the standards in force and which are mounted on vehicles;
d) the animal-drawn vehicles, when they circulate on public roads on which their access is prohibited or on routes other than those established by the local public authorities*).
(7) Immobilization of a vehicle consists in removing it outside the carriageway, on the shoulder or as close as possible to the edge of the road, and making it impossible to move by using technical devices or other blocking means.
(1) Immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts:
a) driving an unregistered or unrecorded vehicle or with a false registration or recording number or without the plates with the registration or recording number mounted;
b) driving a vehicle that damages the public road or affects the environment or that has dangerous deficiencies in the braking system or in the steering mechanism;
c) driving a vehicle in violation of the rules regarding the transport of dangerous goods or with exceeded sizes and/or masses;
d) driving a vehicle for which there are data or indications that it is the object of an act of criminal nature;
e) refuses to identify himself;
f) is under the influence of alcoholic beverages or psychoactive substances, and the driving of the vehicle cannot be ensured by another person;
g) does not respect the driving and rest times provided by law.
(2) Immobilization of a vehicle is also ordered in the case in which its driver or one of the passengers commits an act of criminal nature or is wanted for committing an offence.
(1) The special luminous and sound warning means, as well as the devices that disrupt the functioning of the technical means for traffic monitoring confiscated, under the law, are handed over to the traffic police service in whose area the act was found.
(2) The plates with the registration or recording number confiscated under the law are handed over to the traffic police service in whose area the act was found in order to be sent to the competent authority that issued them.
(3) The animal-drawn vehicles confiscated under the law are handed over to the local public administration authorities, on the basis of a minutes, for the purpose of their transmission for capitalization, according to the provisions of Government Ordinance no. 128/1998 for regulating the manner and conditions of capitalization of confiscated goods or entered, according to the law, into the private property of the state, approved with modifications and completions by Law no. 98/1999, republished.
Revocation of immobilization is ordered:
a) by the traffic police officer who ordered it, if he is present, and the reasons for which it was ordered have ceased;
b) by the head of the traffic police service of which the finding agent is part, if the reasons for which the measure was ordered have ceased;
c) by the prosecutor or by the court, when the vehicle was the object of an offence.
If you cannot/do not wish to watch the AUDIO-VIDEO version of the course, you can read the text version illustrated with images.
Confiscation is ordered by the traffic police officer through the minutes of finding the contravention, together with the application of the fine sanction (art. 96 paragraph 5 of the OUG).
Are subject to confiscation (art. 96 paragraph 6 of the OUG):
The special luminous and sound warning means, as well as the devices that disrupt the functioning of the technical means for traffic monitoring confiscated, under the law, are handed over to the traffic police service in whose area the act was found (art. 215 paragraph 1 of the Regulation).
The plates with the registration or recording number confiscated under the law are handed over to the traffic police service in whose area the act was found in order to be sent to the competent authority that issued them (art. 215 paragraph 2 of the Regulation).
The animal-drawn vehicles confiscated under the law are handed over to the local public administration authorities, on the basis of a minutes, for the purpose of their transmission for capitalization (art. 215 paragraph 3 of the Regulation).
Immobilization of a vehicle consists in removing it outside the carriageway, on the shoulder or as close as possible to the edge of the road, and making it impossible to move by using technical devices or other blocking means (art. 96 paragraph 7 of the OUG).
Immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts (art. 117 paragraph 1 of the OUG):
Immobilization of a vehicle is also ordered in the case in which its driver or one of the passengers commits an act of criminal nature or is wanted for committing an offence (art. 117 paragraph 2 of the OUG).
Revocation of immobilization is ordered (art. 218 of the Regulation):
Deregistration of vehicles is carried out by the authority that performed the registration or recording, at the request of the owner, only in the following cases (art. 17 paragraph 1 of the OUG):
Deregistration of recorded vehicles, when they pass into the ownership of another person, is carried out by the authority that performed the recording, at the request of the owner, under the conditions of the law. (art. 17 paragraph 2 of the OUG).
It is prohibited the circulation on public roads of vehicles deregistered from the records. (art. 17 paragraph 3 of the OUG).
Vehicles declared, according to the law, by disposition of the local public administration authority, without an owner or abandoned, are deregistered ex officio within 30 days from the receipt of the respective disposition (art. 17 paragraph 4 of the OUG).
Deregistration of a vehicle is carried out, ex officio, by the authority that performed the registration, also in the following situations (art. 17 paragraph 5 of the OUG):
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