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Reference articles from the updated road legislation

OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 (Road Code)

Regulation = REGULATION for the implementation of OUG 195/2002 (Road Code Regulation)

OUG - Article 95

(1) Violation of the provisions of this emergency ordinance, other than those that meet the constituent elements of an offence, constitutes a contravention and is sanctioned with a warning or with the fine as the main sanction and, as the case may be, with one of the complementary contravention sanctions provided in art. 96 paragraph (2).

(1^1) By derogation from the provisions of art. 7 paragraph (3) of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with subsequent amendments and completions, for the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and art. 105 the warning sanction does not apply.

ORDINANCE no. 2 of July 12, 2001 regarding the legal regime of contraventions

Article 7
(3) The warning may also be applied when the normative act for establishing and sanctioning the contravention does not provide for this sanction.

(2) The warning consists of the verbal or written notification of the offender, accompanied by the recommendation to comply with the legal provisions.

OUG - Article 96

(1) Complementary contravention sanctions aim to remove a state of danger and to prevent the committing of other acts prohibited by law and are applied through the same report by which the main sanction of the fine or warning is applied.

(2) The complementary contravention sanctions are the following:

a) application of penalty points;
b) suspension of the exercise of the right to drive, for a limited time;
c) confiscation of the goods intended for committing the contraventions provided in this emergency ordinance or used for this purpose;
d) repealed; (Letter d) of paragraph (2) was repealed on 29-06-2024)
e) ex officio deregistration of the registration or record of the vehicle, in the cases provided in art. 17 paragraph (4);
f) repealed;

OUG - Article 97

(1) In the cases provided in this emergency ordinance, the traffic police officer also orders one of the following technical-administrative measures:

a) retention of the driving licence and/or the registration or record certificate or, as the case may be, the replacement proof thereof;
b) withdrawal of the driving licence, the registration or record certificate or the plates with the registration or record number;
c) cancellation of the driving licence issued by the Romanian authorities; (Letter a) of paragraph (1) was amendedin the law and also updated on Școala Rutieră on 31-01-2022)
d) lifting of vehicles irregularly parked;
e) the prohibition to drive motor vehicles on the territory of Romania for holders of driving licences issued by a foreign authority. (Letter e) of paragraph (1) was addedin the law and also posted on Școala Rutieră on 31-01-2022)
f) relocation of vehicles regularly parked; (Letter f) of paragraph (1) was addedin the law and also posted on Școala Rutieră on 29-06-2024)
g) immobilisation of the vehicle. (Letter g) of paragraph (1) was addedin the law and also posted on Școala Rutieră on 29-06-2024)

OUG - Article 98

(1) Contravention fines are established in the amount determined by the value of the number of fine-points applied.

(2) One fine-point represents 5% of the guaranteed minimum gross basic salary in the country, established by Government decision. (Paragraph (2) was amendedin the law and updated also on Școala Rutieră on 15-12-2023)

(2^7) By exception from the provisions of paragraph (2), in the period July 1 - December 31, 2024 one fine-point is 165 lei. (Paragraph (2^7) was addedin the law and posted also on Școala Rutieră on 28-06-2024)

(3) To the contraventions provided in this emergency ordinance are established classes of sanctions corresponding to a number of fine-points, depending on the seriousness of the acts and the social danger they present.

(4) The classes of sanctions are the following:

a) class I - 2 or 3 fine-points;
b) class II - 4 or 5 fine-points;
c) class III - from 6 to 8 fine-points;
d) class IV - from 9 to 20 fine-points;
e) class V - from 21 to 100 fine-points.

(5) The contraventions provided in class V of sanctions apply to legal entities.

If you cannot or do not want to watch the AUDIO-VIDEO version of this lesson, you have the text version below.

Text version of the lesson: Chapter 10 - part 7 - Contraventions - introduction

CONTRAVENTIONS IN ROAD TRAFFIC

THE CONTRAVENTION: any failure to comply with a traffic rule, provided that it is not an offence, having a degree of social danger lower than the offence.

Contraventions are sanctioned with a warning or with a fine as the main sanction (art. 95 paragraph 1 of the OUG).

Road legislation establishes, starting with the year 2024, that for the contraventions for which both the fine and the suspension of the exercise of the right to drive apply, provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4), the warning shall not apply in place of the contravention fine. Thus, for these contraventions the contravention fine provided by the legal articles that sanction the respective acts will be mandatorily applied.

The warning consists of the verbal or written notification of the offender, accompanied by the recommendation to comply with the legal provisions (art. 95 paragraph 2 of the OUG).

Contravention fines are established in the amount determined by the value of the number of fine-points applied. One fine-point represents 5% of the minimum gross salary in the economy, established by Government decision (art. 98 paragraph 1 and 2 of the OUG).

By exception, in the period July 1 - December 31, 2024 one fine-point is 165 lei. (art. 98 paragraph 2^7 of the OUG).

The contraventions may also be sanctioned with one of the complementary contravention sanctions aimed at removing a state of danger and preventing the committing of other acts prohibited by law, these are the following (art. 96 paragraph 1 and 2 and art. 95 paragraph 1 of the OUG):

• application of penalty points;
• suspension of the exercise of the right to drive, for a limited time;
• confiscation of the goods intended for committing contraventions or used for this purpose;
• ex officio deregistration of the registration or record of the vehicle, in the cases provided in art. 17 paragraph (4) (Art 17 paragraph 4 of the OUG Vehicles declared, according to the law, by order of the local public administration authority, without owner or abandoned are deregistered ex officio within 30 days from the receipt of the respective order).

The contraventions may also be sanctioned with one of the following technical-administrative measures (art. 97 paragraph 1 of the OUG):

• retention of the driving licence and/or the registration or record certificate or, as the case may be, the replacement proof thereof;
• withdrawal of the driving licence, the registration or record certificate or the plates with the registration or record number;
• cancellation of the driving licence issued by the Romanian authorities;
• lifting of vehicles irregularly parked;
• the prohibition to drive motor vehicles on the territory of Romania for holders of driving licences issued by a foreign authority;
• ​relocation of vehicles regularly parked;
• immobilisation of the vehicle.

To the contraventions are established classes of sanctions corresponding to a number of fine-points, depending on the seriousness of the acts and the social danger they present. The classes of sanctions are the following (art. 98 paragraph 3, 4 and 5 of the OUG):

• class I - 2 or 3 fine-points;
• class II - 4 or 5 fine-points;
• class III - from 6 to 8 fine-points;
• class IV - from 9 to 20 fine-points;
• class V - from 21 to 100 fine-points. The contraventions provided in class V of sanctions apply to legal entities.