Editura Universul Juridic Road code. Updated - March 2021. Edited by Dr. Mircea Ursuta

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Publisher: Universul Juridic

Author: Mircea Ursuta

Pages: 400

Publisher year: 2021

ISBN: 978-606-39-0778-4

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Trying to permanently improve this paper, so that it is a useful working tool for legal practitioners, but also for citizens facing various problems in the application of road legislation, we considered it necessary not only to update and comment (briefly) the legislation , but also to insert, when it was the case, new normative acts with impact in the road matter.

For this edition, we also took into account the recent regulations specific to the alert state.

As in previous editions, we publish Law no. 203/2018 on measures to streamline the payment of fines, with a direct impact on road traffic offenses.

We have kept important related normative acts, such as, for example, the Local Police Law no. 155/2010, from which we present a necessary extract in the road field, considering the competencies of the local policeman in the matter.


Also, considering the civil effects generated by traffic accidents, we considered it necessary to maintain in this collection the Law no. 132/2017 on the compulsory motor third party liability insurance for damages caused to third parties, with the related norms.

As in previous editions, the MIA Order no. 125/2018 for establishing the model of the finding of the contravention, used in the control activity in the field of traffic on public roads (entered into force in January 2019).

I kept, at the end, the table that includes a summary of the application of road rules in terms of finding traffic offenses.

The table is useful both for traffic police officers who are called to ascertain traffic offenses, and for sanctioned persons, who can check very quickly if the legal classification made by the ascertaining agent is correct.

Basically, the table includes, in alphabetical order, the violations of the road norms, the legal basis of the sanctions, the amount of the fine and the eventual complementary sanctions to be applied - penalty points, suspension of the right to drive, retention of the registration certificate, etc. The last column indicates the validity of the traffic proof in the case of applying a more serious complementary sanction.

The value of the fine point remains 145 lei in 2021 (according to O.U.G. no. 226/2020).

M. Ursuta
  • Road code. Updated - March 2021. Edited by Dr. Mircea Ursuta

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He was born on August 27, 1978, in Oradea.

Education: University of Oradea, Faculty of Law (1996-2000); master's degree in Law and Public Administration, Babes-Bolyai University of Cluj-Napoca (2000-2001); University of Oradea, Faculty of Political Sciences and Communication Sciences (2004-2007); Doctor of Law: Specialization in Administrative Law, Babes-Bolyai University of Cluj-Napoca, topic of the thesis "Contraventional Procedure" - guide prof. Univ. Dr. Tudor Draganu (2008); habilitation, IOSUD / IOD - Faculty of Law of the University of Bucharest, title of the habilitation thesis Contraventional law and judicial procedure in public law. News and perspectives (2018).


Professional activity: lawyer, Bihor Bar (2000-present; suspended); arbitrator, the Court of Commercial Arbitration attached to the Bihor Chamber of Commerce and Industry (2010-present; suspended); vice-dean, Baroul Bihor (2011-2015); Secretary of State at the Ministry of Justice (February 2021-present).


Scientific activity: communications and lectures at national and international conferences; articles and studies of jurisprudence in the field of civil procedure, contravention law and administrative law in prestigious journals such as Revista Dreptul, Curierul Judiciar, Revista Romana de Jurisprudenta, Revista Romana de Executare Silita, Revista Transilvana de Stiinte Administrative, Studia Universitatis Babes-Bolyai ; books published in the fields mentioned above, as an example: Civil Procedure Code 2020. Jurisprudence. Synthesis, Universul Juridic Publishing House, Bucharest, 2020; Road contraventions, Universul Juridic Publishing House, Bucharest, 2 editions - 2011, 2010; Contraventional procedure,
Ed. Universul Juridic, Bucharest, 3 editions - 2010, 2009, 2008; co-author of the New Code of Civil Procedure commented and annotated - coordinators V.M. Ciobanu and M. Nicolae, Ed. Universul Juridic, Bucharest, 2 volumes: vol. II - 2016 [ed. I], vol I - 2013 [ed. I] si 2016 [ed. a II-a].


Scientific recognition: member of the Institute of Administrative Sciences "Paul Negulescu" (2004-present); founding member of the Institute of Public Law and Administrative Sciences of Romania (2009-present); member of the Commission for drafting the Law on the implementation of the New Code of Civil Procedure, Ministry of Justice (2010-2012); member of the Scientific Council of the journal "Law" (2018-present); member of the Editorial Board of the "Romanian Journal of Jurisprudence" (2013-2020).


Awards: "Mihail Eliescu" Award of the Romanian Lawyers Union (2016) and "Traian Ionascu" Award of the Romanian Journal of Private Law for the best book of 2016 in the field of private law (2017), for the work: V.M. Ciobanu, M. Nicolae, M. Tabarca, Gh. Florea, L. Zidaru, M. Ursuta, A. Stefanescu, I. Galca, M. Fodor, T. Briciu, A. Radoi, A. Nicolae, V. Belegante, F. Baias, E. Oprina, B. Dumitrache, M. Stancu, D. Ghinoiu, C. Irimia, N. Turcu, The new Code of Civil Procedure commented and annotated, vol. I, ed. II revised and added, vol. II, Universul Juridic Publishing House, Bucharest, 2016.


Citations: numerous citations of the works mentioned in treaties, monographs, articles, studies and other specialized works in the matters of civil procedure, contravention law and administrative law.


Teaching activity: preparator, Faculty of Law. University of Oradea (2002-2006); assistant professor, Faculty of Law. University of Oradea (2006-2011); lecturer, National Institute for the Training and Perfection of Lawyers (2011-present); university lecturer, Faculty of Law. University of Oradea (2011-2017); associate professor (docent), Faculty of Law. University of Oradea (2017-present).

Word - before / 7
Introductory study / 9
O.U.G. NO. 195/2002 REGARDING THE TRAFFIC ON PUBLIC ROADS / 31
Chapter I. General provisions / 32
Chapter II. Vehicles / 37
Section 1. Conditions regarding the circulation of vehicles and their control / 37
Section 2. Vehicle registration, registration and deregistration / 38
Chapter III. Drivers / 45
Section 1. General provisions / 45
Section 2. Driving license / 47
Chapter IV. Road signs / 53
Chapter V. Traffic rules / 56
Section 1. Obligations of traffic participants / 56
Section 2. Rules for the movement of vehicles / 58
§1. Positions while walking and driving on lanes / 58
§2. Means of warning used by drivers / 59
§3. Exceeding / 59
§4. Passing vehicles in the opposite direction / 60
§5. Speed ​​and distance between vehicles / 60
§6. Rules on maneuvers / 61
§7. Intersections and the obligation to give way / 61
§8. Level crossing / 62
§9. Vehicles with priority traffic regime / 62
§10. Stopping, parking and parking / 63
§11. Circulation of vehicles intended for the transport of goods or public transport of persons / 64
Section 3. Rules for other traffic participants / 65
Section 4. Highway traffic / 67
Section 5. Obligations in case of accident / 67
Section 6. Motor vehicle traffic in international traffic / 69
Chapter VI. Offenses and punishments / 71
Chapter VII. Contraventional liability / 72
Chapter VIII. Appeals against the report of finding the contravention / 99
Chapter IX. Duties of some ministries and other public administration authorities / 101
Chapter X. Final provisions / 104
Criminal Code (extract) / 109
O.G. no. 2/2001 regarding the legal regime of contraventions / 113
Law no. 203/2018 regarding measures to streamline the payment of contraventional fines / 127
O.U.G. no. 195/2002 regarding the traffic on public roads / 134
Order no. 125/2018 for establishing the model of the report of finding the contravention, used in the control activity in the field of traffic on public roads / 197
Local police law no. 155/2010 (extras) / 201
Law no. 132/2017 on the compulsory motor third party liability insurance for damages caused to third parties by vehicle and tram accidents / 207
ASF norm no. 20/2017 on car insurance in Romania / 235
Order no. 268/2010 regarding the examination procedure for obtaining the driving license / 262
Order no. 97/2017 on the procedure and technical conditions under which the records of the driving license examination and the measures for their protection and personal data are made and stored / 302
Order no. 141/2014 on the record of retained driving licenses and sanctions applied to drivers of motor vehicles or trams / 308
Legal Metrology Norm NML 021-05 / 2005 „Devices for measuring the speed of motor vehicles (cinemometers)” / 311
Law no. 5/2014 on some measures to facilitate the cross-border exchange of information on violations of traffic rules affecting road safety and to facilitate the enforcement of sanctions applied to these violations / 319
Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic (extract) / 333
H.G. no. 35/2021 on the extension of the state of alert on the Romanian territory starting with February 12, 2021, as well as the establishment of the measures that will be applied during it to prevent and combat the effects of the COVID-19 pandemic (extract) / 335
Table of road sanctions / 336
Road signs / 345

Trying to permanently improve this paper, so that it is a useful working tool for legal practitioners, but also for citizens facing various problems in the application of road legislation, we considered it necessary not only to update and comment (briefly) the legislation , but also to insert, when it was the case, new normative acts with impact in the road matter.

For this edition, we also took into account the recent regulations specific to the alert state.

As in previous editions, we publish Law no. 203/2018 on measures to streamline the payment of fines, with a direct impact on road traffic offenses.

We have kept important related normative acts, such as, for example, the Local Police Law no. 155/2010, from which we present a necessary extract in the road field, considering the competencies of the local policeman in the matter.


Also, considering the civil effects generated by traffic accidents, we considered it necessary to maintain in this collection the Law no. 132/2017 on the compulsory motor third party liability insurance for damages caused to third parties, with the related norms.

As in previous editions, the MIA Order no. 125/2018 for establishing the model of the finding of the contravention, used in the control activity in the field of traffic on public roads (entered into force in January 2019).

I kept, at the end, the table that includes a summary of the application of road rules in terms of finding traffic offenses.

The table is useful both for traffic police officers who are called to ascertain traffic offenses, and for sanctioned persons, who can check very quickly if the legal classification made by the ascertaining agent is correct.

Basically, the table includes, in alphabetical order, the violations of the road norms, the legal basis of the sanctions, the amount of the fine and the eventual complementary sanctions to be applied - penalty points, suspension of the right to drive, retention of the registration certificate, etc. The last column indicates the validity of the traffic proof in the case of applying a more serious complementary sanction.

The value of the fine point remains 145 lei in 2021 (according to O.U.G. no. 226/2020).

M. Ursuta

www.editurauniversitara.ro

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