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LAW OF THE REPUBLIC OF MOLDOVA

of November 24, 2023 No. 350

About safety management of road infrastructure

The parliament adopts this organic law.

This law partially shifts the Directive of the European parliament and Council 2008/96/EU of November 19, 2008 about safety management of road infrastructure, published in the Official magazine of the European Union by L 319 of November 29, 2008, with the subsequent changes made by the Directive of the European parliament and Council (EU) 2019/1936 of October 23, 2019.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law establishes institutional basis and procedure for safety management of movement on objects of road infrastructure by means of procedures:

a) impact estimates on road safety;

b) audit of road safety;

c) checks of road safety;

d) classifications of safety of road net.

(2) Operation of this law extends to the highways entering trans-European road net as well as to the national highways and local highways of district (municipal) level brought in the list approved by the Government which are in general use irrespective of whether there are those at design stage, construction or operation.

(3) the Purposes of this law are safety of movement on highways public and increase in its level, the warning of the human victims and causing to people of bodily harms, decrease in weight of consequences of the road accidents, and also prevention of the material damage caused as a result of the road accidents.

Article 2. Basic concepts

In sense of this law the following concepts mean:

audit of road safety - the independent, comprehensive, systematic and technical inspection from the point of view of traffic safety of designing parameters inherent in the project of road infrastructure which is carried out at all stages - from planning before its input in operation;

the auditor on road safety - the owner of the certificate on professional competence performing audit of road safety and check of condition of highways according to this law;

classification of safety of road net - the method used for identification, the analysis and classification of sites of the existing road net proceeding from their potential, for the increase in road safety and cost reduction connected with the road accidents;

classification of sites of high concentration of the road accidents - the method used for identification, the analysis and classification the operated at least three years of sites of road net on which the high number of the road accidents which entailed the death of one or several persons depending on intensity of transport flow is fixed;

impact assessment on road safety - the strategic comparative analysis of the impact made by the new highway or essential modification of the existing road net on the level of safety of road net;

recurring inspection of road safety - planned regular control of technical condition and the defects requiring performance of works on servicing for safety reasons;

special check of road safety - the specialized inspection based on survey on the location of the existing highway or its site for the purpose of identification of the dangerous conditions, defects and problems increasing risk of the road accidents and injury rate.

Chapter II Administrative authority responsible for safety management of road infrastructure

Article 3. Administrative authority responsible for safety management of road infrastructure

(1) the Government appoints the administrative authority responsible for safety management of road infrastructure (further - competent authority).

(2) the Procedure for the organization and functioning of competent authority is determined by the Government.

Article 4. Powers of competent authority

(1) treat powers of competent authority:

a) conducting checks of road safety;

b) participation in national and international special events in the field of safety management of road infrastructure;

c) cooperation with other bodies and organizations, including international which perform activities in the field of safety of road infrastructure;

d) the conclusion with the administrator of the highway of service provision agreements on carrying out recurring inspections of road safety;

e) project development of rules, standards and technical guidances in the field of safety of road infrastructure according to the European and international regulating documents;

f) accomplishment of calculation of average size of social and economic damage from the road accident which entailed the death of one or several persons, and average size of social and economic damage from the road accident as a result of which one or several persons suffered serious injuries;

g) ensuring creation of the report on each event on the national and local highways which are in general use the road accident which entailed the death of one or several persons;

h) ensuring classification of safety of road net;

i) development by results of reports on audit of road safety or reports on check of road safety from the point of view of improvement or deterioration in situation according to the best practices and their annual representation at meeting of National council on traffic safety with the subsequent placement on its official web page;

j) monitoring of condition of each site of concentration of the road accidents or its piece on public roads and the current accounting of safety management of road infrastructure;

k) monitoring and accounting of procedures of audit of road safety;

l) dispute settlement between the administrator of the highway and the auditor on road safety;

m) accounting of auditors on road safety and results of their activities.

(2) the Competent authority performs other powers which are also established by the Government.

Chapter III the Auditor on road safety

Article 5. The auditor on road safety

(1) Auditors on road safety shall have basic professional training upon termination of which it issues certificates on professional competence. After receipt of the appropriate certificate they take courses of professional training at least once in five years.

(2) Basic and continuous professional training in the field of road safety is performed on the basis of programs, temporarily accredited or approved by National quality assurance agency in education and scientific research or other agencies included in the European register of quality assurance on quality evaluation.

(3) For the obtaining specified in part (1) the certificate on professional competence it is necessary to correspond to the following conditions at the same time:

a) have the diploma of the licentiate in one of the following specialties: "Construction of roads, bridges and railway tracks" or "Engineering and technology of road transport" - and at least five years of work experience in these areas or to have the document on the higher education on other specialty and at least five years of work experience in area of road safety and/or the analysis of the road accidents;

b) complete courses of basic and continuous professional training according to part (2).

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