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New Amendments to the Traffic Code – increasing the existing sanctions and introducing new ones

OG (Government Ordinance) no. 1/2022, published in the Official Gazette no. 89 / 28.01.2022, includes provisions aimed, in principle, at increasing the existing sanctions in the road legislation or introducing new ones. Let's take them one by one:

• Aggressive behavior is defined * when driving on public roads. Those who adopt such behavior risk fines between 580 - 725 lei, but also the suspension of the permit for 30 days;

• If after such behavior, an accident occurs, the culprit risks a fine between 870 - 1,160 lei and the suspension of the permit for 60 days;

• The highway traffic regime and the tightening of sanctions for irresponsible behavior. The unjustified traffic of vehicles on the emergency lane of highways is sanctioned, with a fine provided in the fourth class of sanctions between 1,305 and 2,900 lei and the application of the complementary sanction of suspension of the right to drive for a period of 90 days;

• Suspension of the right to drive for 120 days for the execution of return or reverse maneuvers on the highway;

• The act of non-compliance with the rules on exceeding and not giving priority, as well as increasing the period of suspension of the permit from 30 to 60 days, is transferred to a higher class of contraventions from the second class to the third class of sanctions;

• The period of suspension of the right to drive is increased from 90 to 120 days in case of non-observance of the level crossing rules;

• A new speed limit is regulated, respectively over 70km / h compared to the legal limit, for which an increased period of suspension of the exercise of the right to drive will be applied, respectively 120 days;

• A new contravention is introduced for non-compliance with the obligation to keep the windshield, rear window and side windows of the vehicle permanently clean;

• The ineffectiveness of the applied penalty points, as in the case of filing a misdemeanor complaint, the limitation period for the accumulation of points is not suspended. That is why the solution of legally suspending the 6-month limitation period for the accumulation of 15 penalty points until the final decision of the court remains final is regulated;

• The interdiction to drive a vehicle on public roads in Romania is introduced, following the criminal conviction for committing road traffic offenses on the territory of Romania, for the holder of a driving license issued by a foreign authority;

• The possibility of taking the test to verify the knowledge of traffic rules was introduced, which allows the reduction of the suspension period for any traffic police service in Romania;

The driver's identification data to be sent to the police by the car owner has been established. Specifically, if it is not the owner of a car who violated the traffic laws, but another person, the first will have to provide the authorities with his name, surname, personal number code, domicile or residence, number, and series of identity card.

If you do not apply the parking brake or do not leave the car "in speed" when parking it, drivers will receive penalty points. Specifically, OG 1/2022 stipulates that the driver of a car parked on a public road will have to make sure, when leaving next to it, that he applied the auxiliary brake, stopped the engine, and engaged a gear, otherwise, he will risk being sanctioned from February.

According to the draft ordinance, the following are considered aggressive behavior:

• Successive movement from one lane to another or from one row to another, alternating from left to right, in order to pass a row of vehicles traveling in the same direction;

• Repeated use of audible and/or light signals could unduly oblige the driver of the vehicle in front of him to release the lane;

• Driving the vehicle at a very short distance from another vehicle, in front of or behind it, as well as to the side, which may intimidate its driver;

• Starting the vehicle on the ground by overheating the wheels.

When the new amendments to the Traffic Code will enter into force?

Within 90 days of the date of entry into force of the ordinance, the regulation shall be amended and supplemented by a government decision. It shall enter into force three days after its publication in the Official Gazette. The provisions on infringements shall enter into force 30 days after their publication.

Author: Attorney at law Elena Manea, Law Office Grecu & Partners.

This is native content supported by Grecu & Partners.

Normal

This is native content supported by Grecu & Partners.

Partner Content

New Amendments to the Traffic Code – increasing the existing sanctions and introducing new ones

OG (Government Ordinance) no. 1/2022, published in the Official Gazette no. 89 / 28.01.2022, includes provisions aimed, in principle, at increasing the existing sanctions in the road legislation or introducing new ones. Let's take them one by one:

• Aggressive behavior is defined * when driving on public roads. Those who adopt such behavior risk fines between 580 - 725 lei, but also the suspension of the permit for 30 days;

• If after such behavior, an accident occurs, the culprit risks a fine between 870 - 1,160 lei and the suspension of the permit for 60 days;

• The highway traffic regime and the tightening of sanctions for irresponsible behavior. The unjustified traffic of vehicles on the emergency lane of highways is sanctioned, with a fine provided in the fourth class of sanctions between 1,305 and 2,900 lei and the application of the complementary sanction of suspension of the right to drive for a period of 90 days;

• Suspension of the right to drive for 120 days for the execution of return or reverse maneuvers on the highway;

• The act of non-compliance with the rules on exceeding and not giving priority, as well as increasing the period of suspension of the permit from 30 to 60 days, is transferred to a higher class of contraventions from the second class to the third class of sanctions;

• The period of suspension of the right to drive is increased from 90 to 120 days in case of non-observance of the level crossing rules;

• A new speed limit is regulated, respectively over 70km / h compared to the legal limit, for which an increased period of suspension of the exercise of the right to drive will be applied, respectively 120 days;

• A new contravention is introduced for non-compliance with the obligation to keep the windshield, rear window and side windows of the vehicle permanently clean;

• The ineffectiveness of the applied penalty points, as in the case of filing a misdemeanor complaint, the limitation period for the accumulation of points is not suspended. That is why the solution of legally suspending the 6-month limitation period for the accumulation of 15 penalty points until the final decision of the court remains final is regulated;

• The interdiction to drive a vehicle on public roads in Romania is introduced, following the criminal conviction for committing road traffic offenses on the territory of Romania, for the holder of a driving license issued by a foreign authority;

• The possibility of taking the test to verify the knowledge of traffic rules was introduced, which allows the reduction of the suspension period for any traffic police service in Romania;

The driver's identification data to be sent to the police by the car owner has been established. Specifically, if it is not the owner of a car who violated the traffic laws, but another person, the first will have to provide the authorities with his name, surname, personal number code, domicile or residence, number, and series of identity card.

If you do not apply the parking brake or do not leave the car "in speed" when parking it, drivers will receive penalty points. Specifically, OG 1/2022 stipulates that the driver of a car parked on a public road will have to make sure, when leaving next to it, that he applied the auxiliary brake, stopped the engine, and engaged a gear, otherwise, he will risk being sanctioned from February.

According to the draft ordinance, the following are considered aggressive behavior:

• Successive movement from one lane to another or from one row to another, alternating from left to right, in order to pass a row of vehicles traveling in the same direction;

• Repeated use of audible and/or light signals could unduly oblige the driver of the vehicle in front of him to release the lane;

• Driving the vehicle at a very short distance from another vehicle, in front of or behind it, as well as to the side, which may intimidate its driver;

• Starting the vehicle on the ground by overheating the wheels.

When the new amendments to the Traffic Code will enter into force?

Within 90 days of the date of entry into force of the ordinance, the regulation shall be amended and supplemented by a government decision. It shall enter into force three days after its publication in the Official Gazette. The provisions on infringements shall enter into force 30 days after their publication.

Author: Attorney at law Elena Manea, Law Office Grecu & Partners.

This is native content supported by Grecu & Partners.

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