A.N.I.A.R. - “Numai impreuna vom reusi !”

Asociatia Nationala a Instructorilor Auto din Romania. Str.Horia Macelariu, Nr.23-25, Sector 1, Bucuresti, Tel : 0722.748.647; Fax: 0318.155.806; E-mail: dmarciulescu50@yahoo.com


    Propuneri UNPR - ANIAR la proiectul Ordonantei de modificare si completare a O.U.G. nr.109/2005 privind transporturile rutiere

    Distribuiti
    avatar
    Admin
    Admin

    Mesaje : 101
    Puncte : 284
    Data de inscriere : 07/03/2010
    Varsta : 66
    Localizare : Bucuresti

    Propuneri UNPR - ANIAR la proiectul Ordonantei de modificare si completare a O.U.G. nr.109/2005 privind transporturile rutiere

    Mesaj  Admin la data de Joi Iul 29, 2010 6:21 pm

    [B] text of the draft bill [/ b]
    -Article 5 (3) g) authorizes training centers and training of staff in the field of road and driving schools;
     
     [B] proposed text [/ b]
    -Article 5 (3) g) authorizes training centers and training of staff in the field of road, driving schools [color = red] and driving instructors [/ color];

     [B] Motivation [/ b]
    Introducing the expression "[color = blue] and driving instructors [/ color]" is based, is real.
    Currently, MTI - ARR authorizes [color = blue] "and driving instructors [/ color].

    February 48,
    [B] proposed text [/ b]
    2 Article 48 - The purpose of this emergency ordinance, people who compete in road safety features are driver who meets the conditions stipulated in art. 10 or 14, the person appointed to manage the permanent and effective transport operations / safety advisor for enterprise and transport of dangerous goods [color = red] teacher training practice, professor of law and road traffic inspector [/ color].

    [B] Motivation [/ b]
    It is absolutely necessary to introduce [color = blue] "instructor training practice, professor of law and road traffic inspector [/ color] because it operates in traffic and automatically compete in road safety.
    If [color = blue] "traffic cop" [/ color] to compete [color = blue] "road safety" [/ color] and then [color = blue] "traffic inspector [/ color] to compete [color = blue] "road safety" [/ color] without any special motivation.

    May 48,
    [B] proposed text [/ b]
    48, 5. - (1) The officials who compete in road safety must have a vocational training certificate issued by the competent authority [color = red] and driving [/ color].

    [B] Motivation [/ b]
    "[Color = blue] driving license [/ color]" should be a mandatory condition that it meet the people who fill those positions.

    Section 2 of
    Driving schools

    [B] proposed text [/ b]
    1-Section 2
    [Color = red] Preparing people to obtain driving license
    [/ Color]

    [B] Motivation [/ b]
    It is necessary to replace titlului.Toate titles in this Ordinance, does not contain names of institutions activities.

    Article 48 12 .- (1)

    [B] proposed text [/ b]
    48, 12. - (1 1) - [color = red] Preparing people for getting the license was made in driving schools, which operate as public or private educational institution, legally established that, companies, associations or foundations [/ color ];

    [B] Motivation [/ b]
    It is absolutely necessary to introduce the paragraph. (A) of these specifications.
    Clarify, [color = blue] who performed the training, who can function as [/ color], driving schools is that they are [color = blue] educational institutions [/ color].
    [Color = blue] should not be made distinctions between professional training and development centers and driving schools, which operate under the same legal regime formation, according to GEO. no. 26/2000, amended and approved by Law no. 246/2005 on associations and foundations [/ color].

    48, 12. - (1)

    [B] proposed text [/ b]
    48, 12. - (1) driving schools approved [color = red] and authorized driving instructors [/ color] part of the national institutional framework [color = red] education [/ color] and in the field of road safety, which provides training for professionals in to obtain a driving license, school based programs and the methodology for organization and development of theoretical and practical training courses approved by the competent authority;

    [B] Motivation [/ b]
    All [color = blue] are educational institutions [/ color] (in schools, [color = blue] auto school groups appear, which belong to public education) [/ color], since they exercise their activity using [color = blue] curricula, curriculum, catalogs, teaching materials, teachers [/ color], etc..

    48, 12. - (2)

    [B] proposed text [/ b]
    Driving schools [color = red] and authorized driving instructors [/ color] to work, will [color = red] get [/ color] permits from the competent authority under rules approved by the minister of transport and infrastructure .

    [B] Motivation [/ b]
    Both drivers and schools [color = blue] "authorized driving instructors [/ color] obtain permits from the competent authority in the same act.

    48, 13. - (1)

    [B] proposed text [/ b]
    48, 13. - (A) theoretical and practical training of a person to obtain a driving license or obtain a new category or subcategory of it is done [color = red ]........[/ color] in a school licensed driver, under a contract concluded between the person and the school in question [color = red] as appropriate [/ color], according to legal provisions.

    [B] Motivation [/ b]
    Word text disappears [color = blue] only [/ color] in a school
    is necessary to mention, [color = blue] "as appropriate" [/ color] because the person may conclude a contract only for legal and practical training with an approved driving instructor.

    48, 13. - (1 1)

    [B] proposed text [/ b]
    [Color = red] A school may be licensed drivers, according to legal provisions, unless the person appointed to conduct the business school was hired at least five years or served at least 5 years as a certified driving instructor or a professor of law Road in the schools approved or if he proves that he held the permit for the work of theoretical or practical training issued by the competent drivers and had no driving license suspended and / or certified in the last five years.
    [/ Color]
    [B] Motivation [/ b]
    A school for drivers to have a good manager in preparing students should [color = blue] have employed a person appointed to five years professional experience, as in professional training and development centers. Must have professional experience, larger than a certified driving instructor, [/ color] seeking authorization driving instructor, [color = blue] considering that it coordinates the activities of driving schools, which employs at least two instructors and a professor of law auto road, other employees, and collaborate with instructors certified automotive [/ color], respectively.

    48, 14. - (1)

    [B] proposed text [/ b]
    48, 14. - (A) the person's practice in preparation for obtaining a driving license for category A, B, BE and their subcategories, performed by authorized schools can be achieved and practical training with certified instructors, who are individuals registered at the National Office trade registry, certified and authorized by the competent authority, based on a methodology approved by the Minister of Transport and Infrastructure [color = red] having signed a contract with drivers that school has undergone theoretical.
    [/ Color]
    [B] Motivation [/ b]
    It is roughly the same content as described in [color = blue] "Highway Code", so called "traffic law" [/ color], namely Article 29, para. (3) of the application HGnr.1391/2006-Regulamentul GEO. 195/2002 on public roads
    [Color = blue] car authorized instructor who is PFA, registered and authorized by the Trade Register under GEO. 44/2008 practical training to provide services to persons and not driving schools for 20 years.
    [/ Color]
    48, 14. - (3)

    [B] proposed text [/ b]
    48, 14. - (3) - practical training instructor authorized under par. (A) may conduct the practical training of persons, as provided in Art. 48 13 par. (4), only with a signed agreement to provide Services of instructor [color = red] with the persons concerned, the instructor has the quality of service and quality people are the beneficiaries of the serversices, according to legal provisions and [/ color] in terms of Government Emergency Ordinance no. 44/2008 regarding the economic activities performed by authorized individuals, sole proprietorships and family businesses, published in the Official Gazette, Part I, no. 328 of 25 April 2008, as amended;

    [B] Motivation [/ b]
    Dpvdlegal, school drivers would collect c / v a benefit which was not done this, but the PFA, which would fit the collection of undue benefits.

    [Color = blue] PFA authorized driving instructors, legal personality, independent fiscal and tax system of its own financial documents - books, according to the "Tax Code" [/ color]

    48, 14. - (4)

    [B] proposed text [/ b]
    48, 14. - (4) practical training instructor under par. (A) may be authorized only if, according to legal provisions in force, [color = red] has a professional experience [/ color] as a certified driving instructor in the schools approved [color = red] at least 2 years [/ color] or if he proves that he held practical training authorization for practical training work issued by the competent drivers and had no driving license suspended and / or certified in the past [color = red] 2 [/ color] years.

    [B] Motivation [/ b]
    Condition [color = blue] "has been employed at least three years full time or worked at least six years", [/ color] was introduced to the pressure of [color = blue] "interest groups" [/ color] and the expression [color = blue] "full time" [/ color] was [color = blue] "suspended" [/ color] even [color = blue] "canceled" [/ color] some courts ( PH and TM).
    [Color = blue] In motion, the court is in the process of going over 150 driving instructors and driving schools with some of the MTI, and some to the High Court of Cassation and Justice.
    "Interest groups" [/ color] have an interest in [color = blue] "exploit labor" [/ color] the driving instructors as many years on [color = blue] "their lands" [/ color] and to create [color = blue] "monopoly" [/ color] on the market, with the support of MTI.
    Maintaining the condition imposed break:
    [Color = blue] - Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania;
    - Law no. 53/2003 - Labour Code, art.101-104, where the individual is covered by part-time work;
    - Basic Law - the Constitution, Art. 15, 16, 41, 45 and 53. [/ Color]

    56. - (1)

    [B] proposed text [/ b]
    CHAPTER IX
    Control of road transport activities and their related activities

    SECTION 1
    56 .- (1) ................................
    If traffic controls carried out by teams of inspectors, they will be [color = red] traffic inspectors [/ color].

    [B] Motivation [/ b]
    [Color = blue] In traffic seeking other people have not informed us [/ color]
    The MIA only [color = blue] "road police" [/ color] controls traffic.

    56. - (3)

    [B] proposed text [/ b]
    56. - (3) [color = red] professional training, testing, licensing, and [/ color] powers and duties of traffic inspectors are set by the Government decision.

    [B] Motivation [/ b]
    It is necessary that [color = blue] traffic inspectors have the training, licensing, training [/ color] at least equally with the people they control.

    56 1. - (1)

    [B] proposed text [/ b]
    56 1. - (1) traffic inspectors are required to wear uniforms, to hold them [color = red] permits control [/ color] while performing the control actions and the respective legal provisions relating to vehicles in traffic stop .

    [B] Motivation [/ b]
    A supervisory body is entitled to make a control only if the owner of a [color = blue] "control permits" [/ color] do not pass.

    56 1. - (2)

    [B] proposed text [/ b]
    56 1. - (2) If an inspection on a vehicle in traffic, traffic inspectors have the right to [color = red] control, with the driver or the legal representatives of the institution belonging to the [/ color] space for both driver , as well as space for road transport of goods and / or individuals for control and performance checks are appropriate.

    [B] Motivation [/ b]
    To make an inspection of a visit, etc.intr a private place, vehicle or building, [color = blue] is absolutely needed the approval of its legal owner or reprezenantului [/ color] is illegal expression [color = blue] " is entitled to enter. [/ color]

    Art.56.2. - (2)

    [B] proposed text [/ b]
    56 2. - (2) Notwithstanding the provisions of Ordinance no.195/2002 republished with amendments and completions, [color = red] subordinated to service vehicles that are deplaseza MTI traffic inspectors [/ color] will be equipped with .. ...............................................

    [B] Motivation [/ b]
    To avoid [color = blue] "abuse" [/ color] that have already taken place, made even by some heads of agencies ARR, which came out in traffic control in their personal cars.
    It is illegal expression [color = blue] "motor traffic inspectors [/ color] that are not their own.
    If [color = blue] "road police" [/ color] private cars are not allowed to control, then no [color = blue] traffic inspectors [/ color] should not have allowed.

    Article 57. - (1)

    [B] proposed text [/ b]
    Article 57. - (A) When tested at the companies, inspectors have the right to [color = red] control [/ color] during working hours, working in both areas, as well as vehicles owned by them.

    [B] Motivation [/ b]
    See explanations of art. 56 1 .- (2)
    Word [color = blue] "penetrate" [/ color] is not appropriate, prs Legal.

    Article 57. - (2)

    [B] proposed text [/ b]
    Article 57. - (2) When tested at the enterprises, presenting all the documents they are required [color = red] specific [/ color] required by the competent authority staff attorney for this purpose.

    [B] Motivation [/ b]
    It is necessary to avoid specifying [color = blue] "abuse" [/ color] that could take place.
    Only the documents [color = blue] specific (transport, activities, vehicles, etc.), traffic inspectors can access [/ color] not at all.
    It is illegal expression [color = blue] "has the right to enter [/ color] on someone's property.
    Only the Prosecutor can enter orders (search), not [color = blue] enter [/ color], inside a private property.

    [B] Proposals of "Confederation of Employers'

    NATIONAL UNION OF EMPLOYERS ROMAN - UNPR

    The legal representative, president,

    Driving Instructors NATIONAL ASSOCIATION OF ROMANIA - ANIAR,

    Dumitru MARCIULESCU. [/ B]

      Acum este: Dum Mai 28, 2017 12:25 pm