Toynbee Legal Advice
03.12.2022
Trust Deed Legal Definition
03.12.2022

Transport Legal Lemne

Thus, this transport is likely to be illegal and will not be registered in the «SUMAL» system. In this situation, citizens should call SNUAU 112 to notify the police. The validity of this document is 48 hours maximum from its delivery at the place of delivery and receipt. This provision is excluded from rail and sea transport, taking into account the legal deadlines for the performance of the contract of carriage. A problem arises in situations where the undocumented wood exceeds 10 m3. According to Law no. 171/2010, this is an offence and is punishable by a fine: therefore, if the verified transport has a valid code, the user automatically receives data on the transport through the application, namely: the type of product (e.log, wood, firewood), the type (beech, spruce, oak, etc.), the volume transported and the date of issuance of the permit. «If a public user wishes to know certain details relating to transport that are not within the 96-hour period at the time of publication, this information will be made available to the applicant, upon written request on the basis of Law 544/2001 on information of public interest, at the solicitari544@mmediu.ro e-mail address and communicated by e-mail. in accordance with the law, within a maximum period of 10 days from the request». Specifically, Act No. Regulation (EC) No 171/2010 provides that `transport . Wood-based panels without reference to wood-based panels …, as in the regulations on the origin, circulation and placing on the market of wood-based panels … » constitute an offence and are liable to a fine of 1,000 to 5,000 lei for a volume of up to and including 10 m3.

In accordance with the provisions of Article 76 of Law no. 26/1996 — Forest Code, wood materials can be transported from the place of harvest or storage with transport documents throughout the transport, which prove with certainty the legality of their origin. Ideally, the parallel existence of an offence and an offence involving the same act should have been avoided by abolishing the offence (since the offence was introduced by Law No 197/2020, parliamentarians clearly wanted to strengthen the penalty regime for the transport of undocumented timber). But this did not happen, so the problem will be solved elsewhere. «The Forest Inspector application is the tool that allows any citizen to consult the SUMAL 2.0 database and learn details about timber transport,» the ministry said in a press release. Taking into account the fact that a person cannot be punished twice for the same act, the investigator of the undocumented timber transport document will no longer apply the penalty of offense and the criminal authorities will apply in accordance with Article 39 of Law No. 171/2020. The new Forest Inspector application comes a week after the launch of SUMAL 2.0, the computer application used by forestry professionals to apply for and issue permits to felling and transport trees. 2. the presence/absence of the unique transport code in the last 72 hours; 1. Number of the vehicle transporting timber. The Forest Inspector application has a new interface, and citizens can check all tickets issued in the last 96 hours.

«Searches can be conducted by registration number, notification code, VPA number from which the requested declaration originated, or by a specific type of transportation,» the ministry said. The floating permit is used to prove the origin of timber transported by organized rafting on rivers or lakes. (b) movement of wood-based panels — the transport of wood-based panels from the place where they were obtained or stored to another place, using all means of access and transport for that purpose; After entering the registration number of the vehicle transporting wood into the application, it checks the license plate in real time in the «SUMAL» system and automatically provides the following information: The FOREST INSPECTOR is a tool for questioning the legality for any citizen who wishes to participate in the monitoring of forest use and timber transport. Although the wording of the provision of Law No 171/2010 differs slightly from the wording of the offence in the Forest Code, it appears that it relates essentially to the same act, namely the transport of timber without documents proving the legal origin of the timber transported. Proof of purchase is issued only by the person who owns the respective timber in the administration as soon as the timber is released. The document is issued for a single person and for a single means of transport. The route travelled by the means of transport can be consulted 24 hours after the end of the transport during a period of 24 hours. The public will have access to information on traffic advisories. Thus, the opinions of the last 96 hours are displayed on the map. The Ministry of Environment on Wednesday night revived the forest inspector`s application, which allows anyone to check what transport permits have been issued for timber and whether a particular truck with wood encountered on the road complies with the law. 2. The natural and legal persons authorised to issue these accompanying documents shall obtain the relevant forms for examination from the forestry units in whose territory they manage the timber to be transported.

The consignment note shall be used to establish the origin of timber dispatched under contracts or orders, during transport by any means and by establishments authorised to receive and process wood. With regard to specific transport documents, they are defined a little earlier (also in the Forest Code) as those whose legality of the origin of wood materials is «certain». (1) Wood-based materials of any kind accompanying during transport are, as the case may be, the till receipt, the cover sheet, the waybill or the floating permit and shall justify the assortments and quantities to be transported. The original of the document — copy No 1 — shall be attached to the consignment. The sales document shall be considered as an accompanying document only for the duration of transport, but not more than 48 hours from the date of issue of the timber, the date on which it is recorded in that document. The new version of the forest inspector`s app will be available from Wednesday evening, with interested parties having access to information on transport permits and timber recovery documents. Recent amendments to the Forest Act, which came into force today, have made it a criminal offence to transport timber without documents proving the legality of the timber`s origin. In addition, in accordance with the same normative law that introduced the above-mentioned amendments, the vehicle used to transport timber is also confiscated. 3. Date, hour, minute and second of generation of the unique transport code. They can be searched by registration number, notification code, VPA number from which the requested notice originates or for a specific type of transport. The consignment note serves to establish the origin of the timber and accompanies the timber transported from the place of delivery to its destination for storage or processing.

The amendments were introduced by Law No. 197/2020, which made significant changes to the Forest Law, including the criminalization of timber transport, without specific documents. But what happens if the same act is committed, but the volume of wood transported is less than 10 m3? The act is always punished, but only against the violation. «The transport of wood-based panels with a volume of more than 10 m3, without special transport documents. by any means of transport constitutes a criminal offence and is punishable by a fine or imprisonment from 6 months to one year, as well as confiscation of the wooden materials that are the subject of transport» is provided for in the new form of the Forest Code. Wood-based panels transported consecutively for several days by several means of transport must be accompanied, for each means of transport, by an accompanying sheet issued by the persons referred to in Article 7. In addition, the vehicle with which the aforementioned offence was committed will be seized as well as all «other property used in any way or intended to be used in the commission of this offence». I have written more here about the constitutional issues raised by this provision. All VPAs created by the forest districts of the states where they are located at the time of portal access are displayed on the map.

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