Decision no. 203/1994 – for establishing and sanctioning contraventions to the rules regarding the Romanian railway transport (extract)

„Art. 2. – The following deeds are considered contraventions to the rules regarding the Romanian railway transport, if they were not committed in such conditions that, according to the criminal law, they would be considered offenses:
1. entering on the platforms of the stations established by S.N.C.F.R. without a ticket or a platform ticket;
2. refusal to free the occupied seat, that does not correspond to the one provided in the ticket and refusal to give to other passengers the additional occupied seats, abusively or in the compartment reserved for “mother and child”, when he\she is not entitled to it;
3. the trip with a ticket without a speed supplement, seat reservation ticket, berth, bed or cabin supplement, to a superior class than the one for which they have a ticket or on a diverted route, as well as continuing the interrupted trip with a stamp-free ticket, if the stamp is compulsory, unless appropriate fees are not paid on the spot;
4. overpriced sale of a ticket;
5. the sale of tickets in places other than those established by S.N.C.F.R. or by persons not authorized by it;
6. the trip based on a free of charge ticket, season ticket or a ticket with discount, without submitting the ID or any other document proving the right to it;
7. the trip without a ticket and the refusal to pay the tariff by the passengers, the trip with a ticket not stamped for departure if the stamp is compulsory or based on a ticket whose validity period expired, or was issued for a destination station that has been exceeded or belongs to another person, in case of nominal tickets or whose data have been changed, as well as the continuation of the interrupted journey, if passengers use tickets that do not entitle to interruptions, unless paying appropriate tariffs on the spot. Disciplinary measures are applied to conscripts and their equivalents accordint to art. 44 of the Law no. 32/1968;
9. smoking in waiting rooms and in « mother and child » room in stations, in compartments, restaurant cars, as well as in other places where the smoking ban is noticed by posters or appropriate signs;
10. transport in passenger cars of living animals or birds, of luggage exceeding the volume and weight limits established by S.N.C.F.R. or not fulfilling the conditions provided by the tariff or other legal provisions, in the absence of the luggage car or if passengers refuse to handover the luggage by paying the corresponding tariffs;
11. trading in trains or stations without authorization issued by the railway or other competent bodies;
12. putting posters in trains or stations, without the written consent or the railway undertaking;
16. opening exterior doors of coaches while the train is running, locking exterior and front doors while standstill, using toilets during the stop or standstill of trains;
17. calling to passengers’ mercy or gambling in trains or railway units;
18. braking coach windows, hauling vehicles or buildings owed by the railways;
19. unlawfully disturbing passengers by making noises with any device or object, or by shouting, noise or other forms;
20. inappropriate behaviour and inadequate attitude towards the other passengers and to the railway staff on duty or preventing it from fulfilling its duties;
21. causing affray in means of transport or in the railway units premises;
22. passengers’ or consumers’ refusal to leave the restaurant bar or the bar car after closing time or at the rightful request of an employee servicing that car;
24. traveling on stairs, buffers or of the roof of the passenger trains’ coaches, boarding or getting off coaches in a place other than the one allowed;
27. activating the emergency signal and brake for reasons unjustified by an imminent danger to the safety of the train or passengers;
28. activating brake assembly elements fitted outside the coaches, isolation or commissioning of the brake by unauthorized persons;
29. the unauthorized use of specialized delivery systems of freight cars, as well as the operation of facilities for lighting and heating the means of transport or other places serving passengers;
30. throwing objects of any kind out of the window or the coach door;
31. throwing on passengers or on means of rail transport with stones or other objects, with inflammable, irritating or paralyzing, corrosive or dirty substances;
34. unauthorized writing or drawing on the walls of buildings or coaches, dirtying buildings, coaches, installations, premises in the stations and the railroad area, detaching or destruction without notice of advertisements, flyers and posters;
38. non-observance of the railway prescriptions for loading and securing cargoes in the means of railway transport, packing and transport of dangerous products, as well as the non-insurance or non-closing of the mobile parts of the railway means of transport;
39. the carriage in passengers, luggage, and post coaches of flammable, explosive, radioactive, odorless or poisonous objects or substances or other dangerous goods and objects which, according to the law, are not allowed under transport.
52. entering the railway areas without special permit (stations, platforms, waiting rooms, Mother and Child room, movement office, transit, loading and unloading platforms, goods warehouse, waiting trains, trains in circulation and the like), with flammable substances forbidden to transport or received under certain conditions or the like and which may cause damage, breakdown or destruction of rolling stock, installations, railway equipment, buildings and other railway units;
53. entering the railway area the without special permit, with radioactive substances generating infrasound or active laser sources.

Art. 3. – Contraventions provided in art. 2 shall be sanctioned as follows:

  1. with a fine from 100 lei to 250 lei, those from sect. 1 and 3;
  2. with a fine from 100 lei to 300 lei, those from sect. 9 and 12;
  3. with a fine from 250 lei to 400 lei, those from sect. 2, 6, 7, 8, 10, 16, 19, 23, 24 şi 34;
  4. with a fine from 300 lei to 600 lei, those from sect. 38;
  5. with a fine from 350 lei to 800 lei, those from sect. 17, 20, 21, 22, 29;
  6. with a fine from 500 lei to 750 lei, those from sect. 4, 5, 11, 18, 27, 28, 30, 31;
  7. with a fine from 400 leito 500 lei, those from sect. 39;
  8. with a fine from 600 lei to 900 lei, those from sect. 52 and 53.

Government Ordinance no. 2/2001 on the legal regime of contraventions, as amended and supplemented by Law no. 203/2018 on measures to increase the efficiency of the payment of contraventional fines, as novelty, stipulates in art.16 par. (1) that:

„The minor offense report (…) gives the possibility to pay, within 15 days from the delivery or the communication of the report, half of the minimum fine provided for in the normative act.”

Law no. 289/2005, on certain measures to prevent and fight the criminal phenomenon in the field of railway transport (extract):

Art. 1. – (1) The access of unauthorized persons to the safety area of the public railway infrastructure is prohibited.

(2) The safety area of the public railway infrastructure includes the strips of land, within 20 meters each, located on both sides of the center of the track, necessary for the installation of the signaling and traffic safety facilities and of the other operative traffic control facilities of trains, as well as environmental installations and works. The safety areas will be compulsorily signaled on the territory settlements.

Art. 2. – Unauthorized persons are forbidden to enter or standstill in areas where access is prohibited by appropriate posters or signs around the railway stations, overhauls, depots and network marshalling yard.

Art. 3 – (1) Within the meaning of art. 1 and 2, an unauthorized person is any person who is not a railway employee or who, while being an employee has no duties in the public railway infrastructure safety areas or, as the case may be, in the areas referred to in art. 2.

(2) Persons who enter or stay in the security area are not considered to be unauthorized persons if their presence or stay is motivated by the use of a public road, works on farmland or the use of private property within the security area.

Art. 4. – The breach followed by the refusal to leave the areas referred to in art. 1 and 2 by an unauthorized person is an offense and shall be punished by a fine.”