2023-09-04 15:34:00
Drivers who drive and get stuck on a road closed (temporarily) to public traffic due to snowfall or those who cause accidents because they did not have winter tires or chains will be obliged to bear both the intervention costs of the CNAIR road administrator, but also fines between 2,000 lei and 6,000 lei, according to an Ordinance adopted by the Government on Thursday.
road closed due to snowPhoto: Agepres
Why did the Government introduce new sanctions: Settlement of CNAIR’s intervention expenses
On Thursday, the executive adopted amendments to Government Ordinance no. 43/1997 regarding the road regime, some measures aimed at increasing users’ awareness of not driving on closed or restricted roads, without having the legal right to drive on that road, except at the risk of pecuniary consequences.
SEE HERE ORDINANCE PUBLISHED IN THE OFFICIAL GAZETTE
Some examples were also presented in the explanatory note, namely:
- „Example: the car that drives and gets stuck on a road closed (temporarily) to public traffic due to snowfall, blizzard, etc., or a vehicle with excess masses and/or dimensions that drives on a road with mass or dimension restrictions without be authorized and cause an accident.
- Thus, if this user produces a road event or remains stuck, he must bear the consequences for his act by settling the costs of the road administrator’s intervention team, which could be delayed from participating in other road events.
- It should be noted that the proposal is not particularly aimed at collecting sums from users, but it is intended to discourage users who produce these events.
- At the same time, through the recovery of intervention costs, the aim is to reduce expenses that are not found in the main activity of maintenance and repairs or in the administration and operation of roads of national interest and that are carried out in situations of non-compliance or violation, by users, of the legal provisions regarding traffic on public roads by users.”, is shown in supporting note.
Fines between 2,000 lei and 6,000 lei
The ordinance adopted by the Government shows that the guilty drivers or RCA or CASCO insurers will bear both the value of the repairs and damages produced in such cases, but also fines between 2,000 lei and 6,000 lei.
More precisely, a new paragraph was introduced, after paragraph (6) of Article 45 of Government Ordinance no. 43/1997 which provides the following:
“In the case of traffic on road sections restricted from the point of view of masses or dimensions, or which are temporarily closed to public traffic, with vehicles that do not have the legal right to drive on them, resulting in road accidents or the impossibility of continuing the journey, being necessary the intervention of the road administrator to remove the effects of accidents or remove vehicles from these road sectors, road administrator:
- a) will be notified by the traffic police or the General Inspectorate for Emergency Situations, which intervened on the spot, regarding the resulting damages, recorded in the statement of findings, if applicable, and/or the insurance company issuing the insurance policy RCA or CASCO insurance, which instruments the claim file;
- b) draws up and transmits to the violator and/or the insurance company, as the case may be, within a maximum of 30 days from the date of the notification provided for in letter a), an estimate with the value of the repairs and/or damages produced, the violator/insurance company, as the case may be, having the obligation to pay it within 15 days from the date of receipt of the report;
- c) draw up and transmit to the offender and/or the insurance company, as the case may be, within a maximum of 30 days from the date of the notification provided for in letter a), an estimate with the cost of the intervention, the violator/insurance company, as the case may be, having the obligation to pay it within 15 days from the date of receipt of the report”.
The act mentions that the same provisions “apply if the accident occurred as a result of failure to comply with the obligation to equip motor vehicles with winter tires, chains or other approved anti-skid equipment, on the road sectors where they are mandatory.”
In addition, the new legal violations will be punished with contravention fines between 2,000 lei and 6,000 lei.
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