OUG = GOVERNMENT 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 II of sanctions the following acts committed by natural persons:
1. non-compliance with the signals of border police officers at the crossing points of the state border of Romania, of the traffic instructors of the Ministry of National Defence, of the personnel of the mobile teams within the Romanian Customs Authority, as well as of the fiscal bodies within the National Agency for Fiscal Administration, of the railway agents, of the persons designated for directing the traffic, on the road sections where rehabilitation works are carried out, as well as those of the school traffic patrols and of the blind persons; (Point 1 of Paragraph (1) was amended in the law and updated also on Școala Rutieră on 10-12-2021)
2. non-compliance with the rules on the use of sound warning devices by the drivers of vehicles, except for those who drive motor vehicles provided in art. 32 paragraph (2) letters a) and b);
3. non-compliance with the significance of obligation signs and markings;
4. failure to fulfil the obligation to request the competent authority, within the term provided by law, to issue a new driving licence or registration certificate or registration, in case these have been declared stolen, lost, damaged or no longer correspond in terms of form and content to those in force;
5. lack of specific equipment on motor vehicles and agricultural or forestry tractors intended for learning to drive, provided in the regulations in force;
6. driving a motor vehicle and agricultural or forestry tractor which has tyres fitted with other dimensions or characteristics than those for which they were approved or are worn beyond the admissible limit; (Point 6 of Paragraph (1) was amended in the law and updated also on Școala Rutieră on 27-02-2022)
7. driving a motor vehicle and agricultural or forestry tractor which, in motion or stationary, causes noise pollution or emits noxious substances above the legal limit;
8. non-compliance with the routes established by the traffic police for practical training or for taking the driving licence examination;
9. non-compliance with the obligation by the driver of the vehicle, except for the driver of the motor vehicle intended for public passenger transport through regular services, to drive in a single row, regardless of the direction of travel, in an intersection in which trams also circulate, and to leave the tram route free when the space between the right rail and the sidewalk does not allow driving in two rows; (Point 9 was amended in the law and updated also on Școala Rutieră on 09-04-2020)
10. carrying out by the driver of a vehicle of activities likely to distract him from driving or using the sound system at a noise level that affects his safe movement and that of the other traffic participants;
11. non-compliance with the obligation incumbent on the driver of a motorcycle or moped to have in operation, during the daytime, the low beam lights when traveling on public roads;
12. failure to use the fluorescent-reflective protection-warning equipment by the person performing works in the area of the public road or by the railway agent who ensures the level crossing;
13. driving a motor vehicle, agricultural or forestry tractor or tram that is not equipped with a medical kit, two reflective triangles and an approved fire extinguisher. (Point 13 of Paragraph (1) was amended in the law and updated also on Școala Rutieră on 27-02-2022)
14. non-compliance with the rules on the movement of bicycles or electric scooters, except for the cases provided in art. 101 paragraph (1) point 8. (Point 14 was amended in the law and updated also on Școala Rutieră on 12-03-2020)
OUG - Article 101
(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:8. non-compliance with the rules regarding the equipment of bicycles or electric scooters, provided in art. 70 paragraph (3) of this emergency ordinance, corroborated with art. 14 and 15 of the Regulation for the implementation of OUG 195/2002, of the prohibitions provided in art. 74 paragraph (1) of this emergency ordinance and art. 52 paragraph (1) and art. 161 paragraph (1) letters f), g) and r) of the Regulation for the implementation of OUG 195/2002, as well as of the obligations provided in art. 31 letter a) and art. 60 paragraph (3) of this emergency ordinance, as well as in art. 136 paragraph (1) and art. 138 paragraph (1) of the Regulation for the implementation of OUG 195/2002; (Point 8 was amended in the law and updated also on Școala Rutieră on 12-03-2020);
(2) The contravention fine provided in paragraph (1) also applies to the driver of the motor vehicle, agricultural or forestry tractor or tram who commits an act for which 3 penalty points are applied, according to art. 108 paragraph (1) letter b).
(3) Constitutes a contravention and is sanctioned with the fine provided in the class II of sanctions and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days the commission by the driver of the motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) overtaking the queues of vehicles stopped at the red colour of the traffic light or at the level crossings with the railway;
b) repealed (failure to give priority to pedestrians engaged in the regular crossing of the public road through the specially arranged and signalled places, located on the direction of travel of the motor vehicle, agricultural or forestry tractor or tram); (Letter b) was repealed in the law and removed also from Școala Rutieră on 27-02-2022) (on 27-02-2022 it was moved to the class III of sanctions - Article 101 paragraph (3) letter e))
c) repealed (failure to give priority to vehicles that have this right); (Letter c) was repealed in the law and removed also from Școala Rutieră on 27-02-2022) (on 27-02-2022 it was moved to the class III of sanctions - Article 101 paragraph (3) letter f))
d) non-compliance with the significance of the red colour of the traffic light;
e) repealed (non-compliance with the rules regarding overtaking); (Letter e) was repealed in the law and removed also from Școala Rutieră on 27-02-2022) (on 27-02-2022 it was moved to the class III of sanctions - Article 101 paragraph (3) letter g))
f) non-compliance with the signals, indications and instructions of the traffic police officer in the exercise of service duties;
g) failure to report to the competent police unit in the area where a traffic accident occurred resulting only in material damage, except for the cases provided in art. 79 paragraph (2);
h) using mobile phones when drivers of vehicles are in motion on public roads, except for those equipped with "hands-free" type devices, simultaneously with the violation of a rule for the movement of vehicles; (Letter h) was amended in the law and updated also on Școala Rutieră on 09-04-2020)
i) adopting an aggressive behaviour in driving vehicles on public roads. (Letter i) was introduced in the law and posted also on Școala Rutieră on 27-02-2022)
(1) The commission by the driver of the motor vehicle, agricultural or forestry tractor or tram of one or more contraventions triggers, in addition to the fine sanction, the application of a number of penalty points, as follows:
b) 3 penalty points for the commission of the following acts:
1. unjustified stopping on the emergency lane of motorways or stopping on the carriageway of express roads or European national roads (E); (Point 1 was amended in the law and updated also on Școala Rutieră on 27-02-2022)
2. exceeding by 21-30 km/h the maximum speed allowed on the respective road sector for the category to which the driven motor vehicle belongs, ascertained, according to the law, with approved and metrologically verified technical means;
3. non-compliance with the rules regarding the maneuver of turning, moving in reverse, changing the traffic lane or the direction of travel, if this caused an accident resulting in the damage of a vehicle or other material damage;
4. failure to maintain an appropriate distance from the vehicle ahead, if this caused an accident resulting in the damage of a vehicle or other material damage;
5. non-compliance with the significance of the "bypass" sign, installed on the refuge of tram stations, except for the driver of the motor vehicle intended for public passenger transport through regular services, if the stations of the two means of transport coincide; (Point 4 was amended in the law and updated also on Școala Rutieră on 09-04-2020)
6. entering an intersection when the traffic inside it is blocked;
7. irregular waiting;
8. using fog lights in conditions other than fog;
9. non-compliance with the obligation of the driver of the motor vehicle to make sure that minors wear seat belts or are transported in approved child restraint systems in the conditions provided by the regulation;
10. non-compliance with the provisions of art. 36 paragraph (1^3) or the conditions provided by the regulation regarding the transport of children in motor vehicles not equipped with safety systems;
11. non-compliance with the obligation to activate the parking brake, to stop the engine and to engage a lower gear or the parking gear if the motor vehicle has automatic transmission, when the driver of the vehicle immobilized on the public road moves away from it. (Point 11 was added in the law and posted also on Școala Rutieră on 27-02-2022)
(1) The driving licence or the replacement proof thereof is retained in the following cases:
c) upon the commission 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 amended in the law and updated also on Școala Rutieră on 31-01-2022)
(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 licence is issued with the right of movement for a period of 15 days. (Paragraph (5) was amended in the law and updated also on Școala Rutieră on 11-02-2020)
(2) In the case where the driver of the motor vehicle, agricultural or forestry tractor or tram commits again, within a period of six months from the date of expiry of the previous period of suspension of the exercise of the right to drive, an act among those 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 the commission of this new act is increased by right by another 30 days. The increased suspension period is communicated within 15 days from the date of application of the complementary contravention sanction of the suspension of the exercise of the right to drive by the traffic police service in the area where the new act was committed. (Paragraph (2) was amended in the law and updated also on Școala Rutieră on 29-06-2024)
Constitute contraventions and are sanctioned with the fine provided in the class II of sanctions, meaning 4-5 fine points, the following acts committed by natural persons (art. 100 paragraph 1 of the OUG):
The fine provided in the class II of sanctions also applies to the driver of the motor vehicle, agricultural or forestry tractor or tram who commits an act for which 3 penalty points are applied, these acts are (art. 100 paragraph 2 of the OUG and art. 108 paragraph 1 letter b of the OUG):
Constitutes a contravention and is sanctioned with the fine provided in the class II of sanctions, meaning 4-5 fine points and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days the commission by the driver of the motor vehicle, agricultural or forestry tractor or tram of the following acts (art. 100 paragraph 3 of the OUG):
In the situations in which the exercise of the right to drive is suspended for 30 days, enumerated earlier, the measure of retaining the driving licence is ordered in view of the suspension of the exercise of the right to drive and a replacement proof is issued with the right of movement for a period of 15 days. (art. 111 paragraph 1 letter c and art. 111 paragraph 5 of the OUG)
In the case where within a period of six months from the date of expiry of the previous period of suspension of the exercise of the right to drive a new act is committed for which the right to drive is suspended, the period of suspension applied for the commission of this new act is increased by right by another 30 days compared to the suspension period normally provided. (art. 103 paragraph 2 of the OUG)
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