Autonomous vehicles law and regulation in Romania

1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?

Romania does not have a dedicated legal framework for the testing of AVs on public roads, the granting of AV permits or any procedures for AV prototype approval.

Given this lack of legal coverage, it is debatable whether the general vehicle testing rules apply for AV testing by parity of reasoning. According to current legislation, standard vehicle testing authorisations are granted if, inter alia, the applicant is a vehicle manufacturer or authorised tester wishing to perform tests for obtaining “street-legal” approval (Romanian: omologare).

Furthermore, Romanian traffic regulations provide that it is illegal for a driver to “release the steering wheel while driving”. Therefore, a person testing AVs on Romanian public roads (without holding the steering wheel of the AV) would breach Romanian traffic regulations and could be fined at the local currency equivalent of approximately EUR 60 to EUR 90.

2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?

Given the interdiction for drivers to release the steering wheel while driving, in principle consumers are not currently permitted to use AVs on public roads. However, cars with autonomous parking features including lidar sensors have been approved for sale in Romania and can therefore be used by consumers locally. Also, Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles (EU Regulation) includes dedicated requirements for automated vehicles and fully automated vehicles. Once this piece of EU legislation will become applicable (expected to occur in 2022) items such as uniform procedures and technical specifications for AV car systems that are regulated by this law will also apply in Romania. Also, domestic legislation may be expected and should be monitored in the context of future application of EU Regulations in Romania. 

3. Who has liability for damages caused by a car in automated driving mode?

There are currently no liability rules specific to AVs and thus liability is governed by general traffic liability rules, as well as general civil liability rules including liability for negligence in respect to the thing that has caused damage (in Romanian, ‘raspunderea pentru prejudiciile cauzate de lucruri’). No specific rules applicable to AVs are yet in force. 

Based on the current legal framework, the liability of the various stakeholders potentially involved in an AV-triggered incident for related damages is as follows:  

  • Registered keeper (owner): Liability of the owner is subject to civil liability according to existing civil law rules, attenuated by force majeure and contributory negligence with potential challenges arising in regard to separation of responsibilities from the relevant manufacturer and AV system provider. In addition, criminal liability for negligence may apply according to general criminal law regulations.
     
  • Driver/operator: Liability of the driver is subject to civil liability for presumed negligence according to existing civil law rules, with potential challenges arising in regard to the separation of responsibilities from the car manufacturer and AV system provider. In addition, liability for negligence applies according to general regulations. Based on general law, as a matter of interpretation, a defence may be available for negligence insofar as the automated systems are used by the driver/operator in accordance with their intended function. Also, criminal liability for negligence may apply according to general criminal law regulations.
     
  • Manufacturer. Liability of the manufacturer is subject to civil liability for product defects resulting in death, bodily harm or damage of goods according to existing civil law rules. In addition, liability for negligence applies according to general regulations. Criminal liability for product defects is also regulated under local law, though its application to autonomous driving has not been clarified. 
     
  • System provider. AV system providers may be subject to civil and criminal liability for negligence in regard to damage caused by the operated system according to existing general rules. In the context of impending EU legislation dedicated to the AV sector and potential domestic legislation in the near future, the configuration of alternative liability systems may be expected and should be closely monitored.

4. Are there any specific mandatory insurance requirements for AVs?

As AVs are not currently regulated under Romanian law, there are no specific insurance requirements that apply to the use of AVs in Romania. However, the compulsory car insurance requirements for third party damages would apply. 

Also, general car insurance is compulsory under Romanian law and victims of a vehicular accident may file direct legal action against the vehicle insurer. Such a claim will impact the value of future insurance policies for the vehicle involved in the incident. 

5. Is there general liability based on warranty claims against the manufacturer for AVs?

There are no legal requirements in Romania that apply specifically to warranty claims for AVs. 

However, according to the rules of civil liability, car manufacturers bear liability for the safety and compliance of the car considering the purpose of its use. Car manufacturers may also be held liable for product defects resulting in death, bodily harm or damage caused to goods.

Portrait ofHoria Draghici
Horia Draghici
Partner
Bucharest