Regarding the parking fine

“I lent my car to a friend, who left the vehicle in the city center for a few hours without purchasing a parking ticket. The local police issued a 400-lei fine in my name. What can be done in this case?” asks one of our confused readers.

Since liability for a violation is personal, the responsibility to pay the fine falls on the driver of the vehicle, not the owner. The police must identify the perpetrator in order to issue the fine.

According to Article 39 of Government Emergency Ordinance No. 195/2002 on road traffic, both private individuals and legal entities are required to provide the driver’s information at the request of the traffic police; failure to do so constitutes an offense.

The detection and sanctioning of traffic violations fall under the jurisdiction of the traffic police, but exceptionally, under Article 7 of Law No. 155/2010, local police can also detect and sanction parking violations. However, this is an exceptional provision that cannot be extended to other cases.

If the local police requested the perpetrator’s information and, due to refusal, determined the violation and issued the corresponding fine, the report can be annulled through court proceedings. According to Government Ordinance No. 2/2001 on minor offenses, a complaint against the violation report can be filed within 15 days of its delivery at the court of jurisdiction where the offense occurred, with a 20-lei court fee. As evidence, a loan agreement or witness testimony may be used.

The previously inconsistent legal practice has been clarified by Supreme Court Decision No. 11/2017, which establishes that local police do not have the right to request the perpetrator’s information and, in case of refusal, cannot determine the offense or issue a fine for it.