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CODE OF THE ROAD TRANSPORT OF THE REPUBLIC OF MOLDOVA

of July 17, 2014 No. 150

(as amended on 09-06-2022)

The parliament accepts this code.

Section I. General provisions

Art. 1. – (1) This code establishes the legal basis of the organization and implementation of motor transportation carriages of goods and passengers, and also accompanying motor transportation transportations of activities in the territory of the Republic of Moldova with observance of safety conditions and qualities, the principles of free competition and environmental measures, the rights and legitimate interests of physical persons and legal entities.

(2) This code determines the rights, obligations and responsibility of the public bodies responsible for the organization of motor transportation transportations, and also the physical persons and legal entities performing such activities.

(3) In the part which is not regulated by this code the procedure for request, issue, suspension and withdrawal of the allowing documents provided by this code for motor transportation operators and for the companies performing the types of activity accompanying motor transportation transportations is determined by the Law on regulation of business activity by permission No. 160/2011.

Art. 2. – If other is directly not provided, action of this Code is applied to all companies registered in the territory of the Republic of Moldova and performing activities of the motor transportation operator and/or the activities accompanying motor transportation transportations and also foreign motor transportation operators according to bilateral agreements, international conventions and agreements which party is the Republic of Moldova, except for:

a) the physical persons performing motor transportation transportations by own road vehicles for personal reasons;

b) the companies performing activities for motor transportation transportations in the national communication with use only:

– road vehicles which top admissible speed does not exceed 40 km/h;

– the road vehicles used by the services of armed forces, services of civil protection, fire engineering services and forces responsible for maintenance of public order, or leased by them without driver when transportation belongs to functions of these services and is performed under their control;

– the road vehicles used in case of emergency situations or in salvage operations including for non-commercial transportation of the humanitarian assistance;

– special road vehicles of medical assignment;

– the special emergency repair road vehicles operating in radius of 100 km from the main location;

– vehicles for road tests for the purpose of technological improvement, repair or content, and also the new or re-equiped road vehicles not put even into operation;

– vehicles or structures of vehicles which extreme admissible total mass does not exceed 3,5 of ton, traded on for motor transportation carriages of goods;

– the commercial vehicles of historical nature which are traded on for public conveyance or loads;

– the vehicles of agricultural purpose and vehicles intended for forestry.

Art. 3. – This code is the legal basis for development by the central industry body of public management in the field of motor transportation transportations and approval by the Government of the following regulations relating to activities for motor transportation transportations:

a) Rules of motor transportation public conveyances and baggage;

b) Rules of motor transportation carriages of goods;

c) Rules of motor transportation transportations of perishable and especially perishable loads;

d) Rules of motor transportation transportations of dangerous goods;

e) Regulations on implementation of motor transportation carriages of goods, weight and/or dimensions of which exceed the set limits, on highways public;

f) Regulations on bus stations;

g) Regulations on periodic technical inspection of road vehicles;

h) Regulations on implementation of autoservice activities;

i) Rules of installation, repair and check of tachographs and speed limiters;

j) Rules of issue, exchange, replacement and updating of takhografichesky cards, downloadings and data storage from tachographs and takhografichesky cards;

k) ceased to be valid according to the Law of the Republic of Moldova of 21.09.2017 No. 185

l) ceased to be valid according to the Law of the Republic of Moldova of 21.09.2017 No. 185

m) ceased to be valid according to the Law of the Republic of Moldova of 21.07.2017 No. 179

Art. 4. – For the purpose of of this Code motor transportation transportations are classified as follows:

1) depending on commercial classification of activities:

a) motor transportation transportations on paid basis;

b) motor transportation transport on own accounts;

c) motor transportation transportations for personal reasons;

2) depending on the serviced geographical zone:

a) motor transportation transportations in the national communication, including local, municipal, district and interdistrict;

b) international motor transportation carriages;

c) border motor transportation transportations;

3) depending on object of transportation:

a) motor transportation carriages of goods:

– motor transportation transportations of general loads;

– motor transportation transportations of perishable and especially perishable loads;

– motor transportation transportations of dangerous goods;

– motor transportation transportations of waste;

– motor transportation transportations of the live cattle;

– motor transportation transportations of off-gage loads;

b) motor transportation public conveyances:

– motor transportation public conveyances along regular routes;

– motor transportation public conveyances along special regular routes;

– irregular motor transportation public conveyances, including tourist;

– taxi motor transportation transportations.

Art. 5. – (1) For the purpose of of this Code the following concepts are used in value:

the activities accompanying motor transportation transportations – the activities performed in connection with motor transportation transportations;

activities for motor transportation transportations – set of the transport transactions which are directly providing cargo transfer or passengers with use of road vehicles on certain distances and on predefined conditions;

taximeter - the control and cash equipment with fiscal memory, with additional functions of time management and covered distance, automatic calculation according to the programmed rates and permanent specifying of the payable amount on which at the end of run the cash register receipt on paper and/or electronically is issued to the client. The procedure for issue and delivery of the cash register receipt on paper and/or electronically affirms the Government;

representative profile professional association – the public association consisting of representatives of the legal entities performing activities in the field of motor transportation carriages of goods or in the field of motor transportation public conveyances or in both areas which members rendered within one year at least in one of the specified areas of service of more than 20 percent of total amount of similar services in the country;

the bus – the road vehicle designed and equipped for public conveyance and used for this purpose, having more than 9 seats including driver's seat;

the car – the road vehicle having at least four wheels, with the maximum constructive speed over 25 km/h, designed and equipped for public conveyance, having no more than 9 seats, including driver's seat;

permission to the activities accompanying motor transportation transportations – the document certifying the right of the company to perform the activities accompanying motor transportation transportations for action of the document;

permission to motor transportation public conveyances along regular routes – the document certifying the right of the motor transportation operator to perform for action of the document motor transportation public conveyances on paid basis along regular routes on certain travel line, according to the established traffic schedule and the program of motor transportation transportations;

permission to irregular motor transportation public conveyances - the document certifying the right of the motor transportation operator to perform irregular motor transportation public conveyances on paid basis;

permission to not liberalized irregular motor transportation transportations - permission to implementation of not liberalized international motor transportation public conveyances according to requirements of the Agreement of INTERBUS and the Resolution of EKMT 95/3;

permission to the international motor transportation carriages – the document certifying the right of the motor transportation operator to perform for action of the document under certain conditions of one or more transportations transit or in final destination in the territory of other state;

bilateral permission - permission to motor transportation transportation to the territory / from the territory of the state which issued permission from the territory / on the territory of the Republic of Moldova;

transit permission - permission to transit through the territory of the state which issued permission on the territory of other state;

bilateral/transit permission - permission to bilateral or transit motor transportation transportation;

the bilateral/transit authority for the move of perishable loads - permission to bilateral or transit motor transportation transportation based on which transportation from the Republic of Moldova of exclusively perishable products coming from the Republic of Moldova is allowed;

permission of the third country - permission to motor transportation transportation to the territory of the state / from the territory of the state which issued permission from the territory of the state / on the territory of the state, other, than the state in which the road vehicle is registered;

universal permission - permission to bilateral, transit motor transportation transportation or motor transportation transportation to the third countries;

single permission - the permission allowing to perform during the established period of time one motor transportation transportation with use of motor transportation infrastructure of the state which issued permission;

repeated permission - the permission allowing to perform during the established period of time at least two motor transportation transportations with use of motor transportation infrastructure of the state which issued permission;

one-sided permission - permission to transit one way through the territory of the state which issued permission;

multilateral permission - the permission valid for motor transportation transportations for the territory or from the territory of the third state, other, than the state in which the road vehicle, and also bilateral and transit international motor transportation traffic on the territory of the state members which signed the relevant agreement or the convention is registered;

permissions with restriction on quantity - permissions of any kind which quantity does not provide demand for them for certain period. Criteria of provision of permissions with restriction on quantity, terms of issue and category of those are established by the Government;

permissions without restriction on quantity - the permissions produced by typographical method by request of the National agency of road transport based on the analysis of the existing demand to which series and unique sequence number are appropriated;

the entry visa without load - the entry visa empty on the territory of the state which issued permission for loading and departure to the state in which the road vehicle is registered;

permission to pendular runs - the authority for the move of groups of passengers throughout several runs there and back when the maiden return flight and the last run to destination are performed without passengers;

permission of OChES - the permission valid for one run there and back during which are crossed by transit of the territory of state members of the Organization

the Black Sea economic cooperation (OChES), and/or for bilateral, transit motor transportation traffic or transportations on the territory / from the territory of the third country according to the User manual of permissions of OChES;

permission of EKMT - multilateral permission to the international motor transportation carriages of goods which grants to the motor transportation operator the right to implementation during the certain period of any number of transportations between the territories of state members of EKMT according to provisions of resolutions of EKMT, and also the right to transit through the territory of one or several state members of EKMT;

annual permission of EKMT - the permission of EKMT valid within calendar year;

short-term permission of EKMT - the permission of EKMT valid within 30 calendar days;

invalid permission of EKMT - permission of EKMT (annual or short-term), which:

a) it is declared invalid in the procedure established by the current legislation;

b) it was announced lost, and then it is found;

c) does not contain the obligatory marks concerning the name and complete address of the motor transportation operator, the sign and seal of the body which issued permission, start and end date of effective period of permission of EKMT, date of issue of permission of EKMT, the restrictions set by state members of EKMT;

d) it was not issued according to the procedure and procedures established by the current legislation or it is issued with their violation;

permission of TRACECA - the permission allowing to perform one run there and back with load or without load, in the bilateral, transit mode or on the territory / from the territory of the third country on the territory of the participating states of System of multilateral permissions of TRACECA;

bus station – the specially allotted and equipped space equipped for the parking of buses on platforms, landings or disembarkation of passengers and also for provision of conditions and services for buses and the expecting persons;

the ticket – the cash register receipt issued by the control and cash equipment with fiscal memory on paper and/or electronic form or the document of the strict reporting with indication of fixed price produced by typographical or electronic method, confirming payment of journey and the right of person to journey, the conclusion of the contract on transportation between motor transportation operator / company and person, and also the fact of compulsory insurance of person;

the luggage ticket – the cash register receipt issued by the control and cash equipment with fiscal memory on paper and/or electronic form or the document of the strict reporting with indication of fixed price produced by typographical or electronic method, confirming payment of luggage transport and acceptance of baggage for transportation and also the fact of compulsory insurance of baggage;

the booking and accounting sheet – the document of the strict reporting reflecting the number of the sold tickets and the arrived amounts and containing charts of regular routes;

divisible loads – materials in bulk, including in the form of powder, granules or pieces, the liquid and semi-fluid materials having the following origin:

– received in production process and recuperation of ferrous and non-ferrous metals;

– different waste of construction activities;

– the woods received owing to operation or warehousing of wood;

– received in case of production of minerals, career development, gravel production;

– the received as a result of activities of concrete stations, asphalt mixes, construction additives and binder;

cabotage – the motor transportation carriage of goods performed on paid basis by the foreign motor transportation operator or passengers between at least one place of loading/landing and one place of unloading/disembarkation, on circumstances, located in the territory of the Republic of Moldova. Movement of the road vehicle without load or passengers between two consecutive transactions on the international motor transportation carriages is not considered cabotage;

the flight log - the document which is integral part of permission of EKMT, completed addressed to the motor transportation operator on whose pages stages of implementation of each transaction on motor transportation cargo hauling between loading points and unloadings, and also stages of each transaction on motor transportation transportation without load are fixed in chronological procedure;

the book with route sheets (CFP) – the document in which surnames of the transported persons are entered, allowing motor transportation operators to perform irregular international motor transportation public conveyances (for the states which did not join the Agreement of INTERBUS);

the book of INTERBUS – the document in which surnames of the transported persons are entered, allowing motor transportation operators to perform irregular international motor transportation public conveyances (for state members of the Agreement of INTERBUS);

starting/terminal point of route – the point of departure or destination of route, the place of landing/disembarkation of the passengers transported on paid basis along regular routes or special regular routes;

category of permission - the permissions of the same type issued by the same state, classified depending on Euro regulations concerning the contaminating emissions established for road vehicles for which permission of the corresponding category can be used;

the certificate of EKMT of compliance of vehicles and trail cars to conditions of engineering supervision - the document confirming compliance of vehicles and trail cars to technical requirements according to resolutions of EKMT, issued for each road vehicle separately and which is stored on its board;

the certificate of EKMT of compliance of trail car or semitrailer truck to safety conditions - the document confirming compliance of trail car or semitrailer truck to safety requirements according to resolutions of EKMT;

the certificate of conformity EKMT of category A - the document confirming vehicle compliance to technical standards of rather contaminating and sound emissions according to resolutions of EKMT;

the certificate of conformity EKMT of category B - the document,

EKMT confirming vehicle compliance to safety requirements (safety regulations) according to resolutions;

carriage driving – situation when during the driving period between two consecutive periods of daily rest or between the period of daily rest and the period of weekly rest onboard the vehicle there are at least two drivers of the vehicle for ensuring driving. Within the first hour of carriage driving presence of the second or several drivers of the vehicle is optional, however is obligatory during other period;

The European Conference of Ministers of Transport (ECMT) - the intergovernmental organization created on October 17, 1953 in Brussels which the Republic of Moldova joined on April 24, 1996;

The International Transport Forum (ITF) - the intergovernmental organization, successor of the rights and obligations of the European conference of Ministers of Transport created by Council of Ministers of EKMT during the session at the level of ministers on May 17-18, 2006 which took place in Dublin;

the contingent of permissions of EKMT - the number of permissions of EKMT provided to state member by EKMT established by Group on road transport and approved by ministers of state members of EKMT;

criteria of MTF - the criteria of distribution of permissions of EKMT established annually during the International transport forum;

run – bus travel line within one transaction on public conveyance from the point of departure to destination and back;

driving duration – the registered activities for driving;

the daily duration of driving – the general duration of driving from the moment of the end of the period of daily rest prior to the beginning of the next period of daily rest or between the period of daily rest and the period of weekly rest;

the weekly duration of driving – the general duration of driving which collected within one week;

the route sheet – the document of primary accounting of the strict reporting having protective marks, series and on a centralized basis the assigned number, special form depending on type of transport;

the traffic schedule – the document containing data on time, the place and route along which motor transportation public conveyances are performed;

travel line – the route established in the traffic schedule on which motor transportation transportation is performed;

gross violation - violation of procedure for use and submission of the report on use of permissions of EKMT for which this code provides withdrawal of permissions of EKMT;

the company – any physical person or legal entity which is pursuing the aim of profit earning or not pursuing such aim, carrying out motor transportation public conveyances or the activities accompanying motor transportation transportations, or any physical person or legal entity which is carrying out motor transportation carriages of goods for commercial purposes;

the control list – the document containing surnames the transported persons and other data relating to implementation of irregular motor transportation transportations in the national communication;

the motor transportation transportations manager – the physical person hired by the company or, in case of sole proprietor company – the corresponding person who directs constantly and actually activities for motor transportation transportations of this company and who in total answers conditions of availability of good reputation and professional competence;

the motor transportation operator – any company performing motor transportation transportations on paid basis by the road vehicles which are property of the company or acquired by it in financial leasing or leased, registered in accordance with the established procedure;

the domestic motor transportation operator – the motor transportation operator with the location or residence in the Republic of Moldova;

the authorized motor transportation operator - the motor transportation operator registered in accordance with the established procedure in the field of motor transportation transportations on paid basis or the business entity performing motor transportation transport on own accounts;

the foreign motor transportation operator – the motor transportation operator with the location or residence abroad having permission to the international motor transportation carriages;

operator of the information system "e-Autorizatie transport" - The national agency of road transport which provides issue of the single permissions distributed by electronic method according to the law;

the representative foster organization – the public association registered according to provisions of the legislation on patronages or the relevant federation which members perform activities mainly in the field of motor transportation carriages of goods or in the field of motor transportation public conveyances which in previous year rendered jointly more than 10 percent of total amount of services in one of the specified areas;

the representative trade-union organization – the voluntary consolidation of the workers performing activities in the field of motor transportation public conveyances and/or motor transportation carriages of goods, created in one of organizational forms, stipulated by the legislation about labor unions (primary organization, the consolidation, federation, confederation) incorporating at least 500 members – workers in the field of motor transportation public conveyances and/or loads;

the elected auto fleet - set of the vehicles belonging to the authorized motor transportation operator, registered in the information system "e-Autorizatie transport" and corresponding to the conditions ordered by certain type of permission;

break – any period of time intended only for rest during which the driver of the vehicle has no right to perform driving or to carry out other work types;

the driving period – the cumulative duration of driving since the moment when the driver of the vehicle took the wheel after rest period or break, till the moment when rest period or break begins; the period of driving can be continuous or fractional;

the period of daily rest – part of days during which the driver of the vehicle can freely have the time; the period of daily rest can be normal or reduced;

the normal period of daily rest – any rest period lasting at least 11 watch. The normal period of daily rest can be provided by two parts from which the first – the continuous period lasting at least 3 watch and the second – the continuous period lasting at least 9 watch;

the reduced period of daily rest – any rest period lasting at least 9 watch, however less than 11 hours;

the period of weekly rest – the weekly period during which the driver of the vehicle can freely have the time; the period of weekly rest can be normal or reduced;

the normal period of weekly rest – any rest period lasting at least 45 watch;

the reduced period of weekly rest – any rest period lasting less than 45 watch which can be reduced to the continuous period lasting at least 24 hours;

the program of motor transportation transportations – the program determining necessary routes and runs, traffic schedules, starting/terminal points of routes, bus stations, public stops, and also the necessary number of vehicles, their categories of comfort and the minimum capacity for the purpose of implementation of motor transportation public conveyance on paid basis by regular routes;

the single computerized program - the single system of sale of tickets on motor transportation public conveyance on paid basis along regular routes which is part of system of the integrated management;

rest – any continuous period of time during which the driver of the vehicle can freely dispose of the time;

re-equipment – type of the autoservice activities directed to change of design, functional or high-quality data of road vehicles and/or the details used in them in comparison with the examined type including activities for completing/additional equipment of body of vehicles and tuning;

route – travel line which provides communication between several settlements and/or objects which are between initial and final waypoints on which motor transportation public conveyance on paid basis along regular or special regular routes is performed;

superimposed CMR - the transport document regulated by the Convention on the agreement of the international delivery of loads road transport accepted on May 19, 1956 in Geneva which the Republic of Moldova joined on March 2, 1993;

the information system "e-Autorizafie transport" - the information system allowing to perform request and data processing, distribution and issue of permissions to motor transportation transportations;

system of the integrated management – electronic management system procedure of motor transportation transportations according to the established technical requirements;

electronic system of weighing in movement – system of the measuring sets and devices which underwent checking which are established or built-in in carriageway in the places specified by the central industry body are connected online to the server of body, authorized to exercise control of observance of maximum permissible mass of road vehicles;

public stop – the Item on route equipped as appropriate, designated by route sign in the form of panel on which the schedule of stop of road vehicles for landing/disembarkation of the transported persons is hung out;

motor transportation transportation – the transaction on transportation performed by road vehicles on cargo transfer or passengers including when the road vehicle on certain site of way is transported in turn by other vehicle or when road vehicles move without load;

illegal motor transportation transportation – the transaction on motor transportation transportation performed by the physical person or legal entity which is not registered in the procedure established by this code for implementation of motor transportation transportations or the person registered in the Register of motor transportation operators, but who did not get permission to motor transportation public conveyances along regular routes, valid for route at which works, or the irregular motor transportation public conveyance performed in absence on circumstances, books of INTERBUS, permission to not liberalized irregular motor transportation transportations, the control list. Implementation of taxi motor transportation public conveyance along the routes established by the taxi driver which go out of the settlement in which the company is registered is also considered illegal motor transportation transportation;

motor transportation transportation on paid basis – the transaction on motor transportation carriage of goods and/or passengers performed for a fee by collection of rate or equivalent by nature or services;

motor transportation transport on own account – the transaction on motor transportation transportation performed by physical person or legal entity in non-commercial purposes and without the profit earning purpose;

motor transportation transportation for personal reasons – the transaction on motor transportation transportation which is not motor transportation transportation on paid basis and/or motor transportation transport on own account;

motor transportation public conveyance along regular routes – the service in motor transportation public conveyance on paid basis providing transportation of persons on the basis of individual tickets, according to traffic schedules, along the established routes in case of which landing/disembarkation of the transported persons is performed in previously established places of stop;

motor transportation public conveyance along special regular routes – the service in motor transportation public conveyance on paid basis performed according to the request of the customer when transportation only of certain categories of passengers between settlements in that part in which this transportation is performed on the terms of motor transportation public conveyances along regular routes is provided;

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