OTHER ATTRIBUTIONS

A. Constitute contraventions, if they were not committed in such conditions that, according to the criminal law, they constitute crimes, some acts of natural and legal persons who, in the course of railway transport activities, violate the rules regarding traffic safety, transport security, quality products and services, as well as environmental protection, as nominated in art. 2 of OG no. 39/2000, approved with modifications by Law no. 200/2003.

B. Acts culpably committed by natural and/or legal persons who do not comply with the regulations related to the construction, maintenance, repair and exploitation of railways, other than those administered by Compania Nationala de Cai Ferate "CFR" - SA, constitute a misdemeanor and are sanctioned as such according to the provisions of OG no. 60/2004, approved by Law no. 402/2004 - art. 4, art. 11 paragraph (1) and (3), art. 12 para. (1), art. 12 bis, art. 14 para. (2) and (3).

C. A series of acts that violate the provisions of Regulation (EC) 1371/2007 regarding the rights and obligations of passengers in rail transport, approved by HG no. 1476/25.11.2009 regarding the Establishment of measures regarding the application of Regulation (EC) no. 1371/2007, respectively non-compliance with the provisions of art. 9, 11, 12, 19, 20 and 26.

Finding contraventions, assigning them and applying fines is done by the staff of the Romanian Railway Safety Authority, holder of the special ID card issued by the Ministry of Transport, Infrastructure and Communications, according to OG no. 2/2001 and Decisions no. 65/2004 and no. 33/2009 regarding the Methodology regarding the detection and sanctioning of contraventions in railway and metro transport operations, respectively the Methodology regarding the detection and sanctioning of contraventions for non-compliance with the regulations of OG 60/2004 - industrial railways.

Sanctions are applied to natural or legal persons who committed the contraventions.

If a person has committed several contraventions, detected at the same time by the same investigating agent, a single contravention report is concluded. For one and the same contravention, only one main contravention sanction and one or more complementary sanctions can be applied. When the contraventions were found through the same report, the contraventional sanctions are cumulated without being able to exceed double the maximum fine provided for the most serious contravention.

The contraventional sanctions that apply are:

• main: warning or fine;

• complementary: the suspension or withdrawal, as the case may be, of the authorization, approval, certificate, attestation, license or approval for the exercise of an activity, issued by the Romanian Railway Authority.

The warning can also be applied if the normative act establishing the contravention does not provide for this sanction. The warning is applied in cases where the investigating officer considers that the deed is of little importance and assesses that the person who committed it will not repeat it again . Through the warning, the attention of the offender is drawn to the danger of the committed deed and he is recommended to comply with the legal provisions in the future.

If the same person has committed several contraventions, the sanction is applied for each contravention separately.

When the contraventions were found through the same contravention report, the contravention sanctions are cumulated without exceeding double the maximum fine provided for the most serious contravention recorded in the report.

If several people took part in the commission of a contravention, the sanction is applied to each person, separately.

"Methodology regarding the approval activity of the operators' own specific procedures for the implementation and development of the professional skills maintenance system for the personnel who carry out specific activities in the transport operations on railways in Romania other than those with traffic safety responsibilities", according to art. 4 of OMTI no. 815/2010