BULETIN ŞTIINŢIFIC Nr.

2 (44) 2017

LEGAL AND PRACTICAL ASPECTS

REGARDING THE DEVELOPMENT OF THE
ROAD SAFETY AUDIT IN ROMANIA
Lucian Ioan TARNU
lucian_tarnu@yahoo.com

“LUCIAN BLAGA” UNIVERSITY, SIBIU, ROMANIA

ABSTRACT
Road safety, security and prevention of accidents in road
traffic are both a national and international priority. Each road user
should have an important and active role, thinking of both his own
safety and about the danger he poses to the other participants’ safety
through his behavior in traffic.

KEYWORDS:
Audit, road safety, road accident, vehicle, control

1. General aspects regarding the accidents, we believe that we should pay

principles, purpose, objectives, development special attention to all policies aimed at
and effects of the audit process more effective enforcement of legislation,
Road safety is viewed and must be improvement of the legislative framework
addressed to as a matter of road transportation and road regulations, improvement of road
system because road accidents suppose direct infrastructure and application of best
costs incurred by health and business sectors practices in road safety at the European and
and the families of those involved as well. international level.
Road safety in completely in line with The concept of “road safety audit”
both the constitutional principle regarding appeared around 1980 and developed in the
people`s free movement in country and UK. This concept aimed at improving
abroad and the provisions of the Penal Code operational safety within road projects
of Romania (art 339) by transfering the (Tarnu, 2016).
contraventions against the road safety pon Ten years later, the concept of road
public roads from G.E.O. 195/2002 to the safety audit was introduced in Australia and
Penal Code. also approved in the United States. In 1996,
Despite some positive trends, road the Federal Road Administration, after
safety is still a big challenge in Romania, having organized a tour in Australia to
our country being among the four E.U. analyze the process, developed a number of
countries along with Latvia, Bulgaria and pilot projects in 14 different countries.
Lithuania that have the highest rate of Recognizing the utility and
accidents with victims. importance of audits in Pennsylvania, in
In addition to programs and projects 1997, the USA implemented the first road
to prevent and combat the causes of road safety audit of this type.

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The development of road safety audit – Reduce the occurrence of

procedure is due to Malcom Bulpitt, UK, collisions on the roads;
who, in 1980, used an audit model based on – Get road designers and traffic
the concept of the independent audit in engineers aware of the importance of safety
order to improve operational safety within audit;
road projects. – Reduce the need for costly
In 1990, in the UK, it was published remedial work and reduce total costs.
the document called the “Guidelines for So, the goal of road safety audit is to
Road Safety Audit” and, in April 1991, the increase road safety and security before the
Department of Transportation adopted the projects may be implemented and road
audit process. accidents occur.
In 1994, in Australia, the Safety audits are usually compared
AUSTROADS published the guide called with the analysis of road safety. The table
the “Road Safety Audit” and, in 2002, a provides a detailed compared analysis of
revised edition of it. The latter edition the differences between the analyses of road
offered guidance for the road safety safety and road safety audits. In fact, both
authorities from several countries. procedures aimed at preventing the
Later on, road safety audits spread to occurrence of collisions, but road safety audit
New Zealand, Denmark, Iceland, Norway, is more formal and more comprehensive
Canada, France, Holland and Germany. than the analyses of safety, focusing more
AUSTROADS (2002) defines road on compliance with existing design
safety audit as “a formal examination of standards. However, the compliance with
existing or future streets, or a traffic project safety standards does not guarantee the
or any work that interact with road users, security of a project, because some errors
within which a qualified and independent are often overlooked. The standards cover
audit team reports the probability of road the general and common situations and not
accidents and the performance level of road all cases (Tarnu, 2016).
safety”. Therefore, safety issues can be solved
Among the objectives set by by technical studies included in the audit
AUSTROADS (2002), we mention the procedure for road safety. These studies are
following: more effective than just using standards.

Table no. 1
Comparison between road safety analyses and road safety audits

Analyses of road safety Road safety audits

– use a small team of one or two persons for – use a multidisciplinary team of three and
project expertise; five persons;
– the team members are usually involved in – audit team members are independent
the design; persons who are not part of the project;
– field tests are not usually included in the – field tests are a necessary component;
safety analyses; – use checklists to analyze the particularities
– focus on the evaluation of projects, based on of the project;
compliance with the standards; – are comprehensive and try to consider all the
– normally, do not take into account human factors that contribute to accidents;
factors issues, including drivers` errors, – the needs of pedestrians, cyclists, heavy
visibility, etc.; trucks, and car drivers are taken into
account;

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Analyses of road safety Road safety audits

– focus on the needs of road users; – safety audits are proactive.
– analysis of safety is reactive. Dangerous – the locations prior to the development of
locations are identified by analyzing accident patterns are taken into account in
accident statistics or observations, taking order to correct the dangers before they
corrective measures. occur.

General principles, the basis of road b) during the rehabilitation and

safety audit, are as follows: modernization of an existing road;
1. The prevention of road accidents; c) in other works to improve the road
the independence of the audit team towards infrastructure (the modernization of some
the investor, designer and / or contractor of roads, the rehabilitation of junctions,
the project which is the subject of audit; highways, bridges) and to avoid of
2. the respect of applicable regulations “dangerous point”.
and the best international practices in force. The purpose of audit is to identify
Road safety audit assesses the way of and, thus, to examine the potential of road
design and operation of roads, focusing on accidents linked to the fulfillment of
how it affects their safety in relation to road performance criteria of the road in point of
users such as: drivers, pedestrians, cyclists, road safety (Tarnu, 2016).
motorcyclists and others. The main general objectives of road
Road safety audit is used in the safety audit are presented in the following
following situations: figure:
a) the stage of design and
construction of new road sections;

The increase of the degree of public roads safety;

The prevention of any harm to human life and health and to material
damage produced by road accidents
A smaller number of road accidents and their degree of damage on both the
roads audited and their proximity;
The prevention of subsequent costs generated by the redesign and solving of
the occured problems;
The continuous improvement of safety standards and procedures of road
safety;

The check if road projects have technical mistakes that lead to road accidents.

Figure no. 1 The main general objectives of road safety

Road safety audit is not a means of To develop the audit, the audit team
evaluation, criticizing the work of design. must be provided by the designer and
It does not replace the control of quality contractor with the project design,
project, the check of compliance of project drawings, maps and other information
with standards or programs of road safety necessary for the optimal use of road safety
assessment. audit.

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The visit on the site aims to visualize 2. Practical compared aspects

and analyze the interaction of the project regarding the application of road safety
with the surroundings and neighborhood audit in Romania
routes from the road users’ perspective and The research in the sector of road
anticipate possibly occurring safety should offer the framework of
problems. Thus, the team members put making decisions regarding the safety
themselves in place of drivers, pedestrians, policy so that a scientific approach can be
bicyclists in order to identify all safety applied to this issue.
issues. The countries with the best
The usage of checklists is a valuable international records in point of road safety
tool that can be used during both the control are those which have traditionally the best
on the site and the audit meetings. institutions and the most active programs of
research in the field of road safety.
It is important that Romania learns
RISK = Frequency of accidents x
from other the E.U countries and to use
Degree of damage
their experience and ability of research so
that, in the future, our country has the
possibility to implement more efficient
FREQUENCY OF ACCIDENTS = interventions of road safety.
Probability x Exposure At present, Romania does not have
either a national strategy for research
The concept of risk is used in order to regarding road safety or an independent
prioritize the measures that must be organization of research in the field of
implemented in order to prevent road national road safety, but only demonstrative,
accidents by combating their causes. pilot and limited programs regarding road
Road safety audit is a written and safety. So, in Romania, there is no
detailed report addressed to the beneficiary systematical research on the factors that are
and it consists in the following issues: relevant in the sector of road safety for the
1. Deficiencies of road safety that following: vehicles, road infrastructure,
were observed during the audit; human factors; institutional factors, other
2. Recommendations to repair the factors. Fortunately, after many years, in
deficiencies. 2016, it was adopted the National Strategy
The beneficiary decides on the of Road Safety for the period 2016-2020.
implementation of the recommendations The research of road safety is not
stipulated in the audit report, providing in comprised in the sectors/sub-sectors of
writing the audit and designer with the smart specialization of Romania that are
motivations and observations. part of the National Strategy for Research
Among the effects of road safety and Development. So, the chances to attract
audit, we can mention the following: reimbursed funds for research in the field of
“preventing road accidents; reducing the road safety are limited. In spite of all that,
degree of damage of road accidents; Romania has more infrastructures of
reducing the subsequent costs in order to research and development integrated in the
repair roads; providing easy road traffic in international research networks (i.e: ERRIS
certain places; increasing the safety of road platform), by universities, institutions of
users by rehabilitation of some junctions” research and development or private
(Tarnu, 2012). companies that have interests in the field,
which offers the premises of some projects
of research developed in collaboration with

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European partners. In this sense, an people’s death and harm and avoid the
opportunity is the Horizon 2020. damage generated by road accidents (Art. 2).
In Romania, the Law no. 265, The Road Authority in Romania –
November, 7th, 2008, republished, regarding R.A.R. is the only institution that is
the management of road safety applied to competent to make the road control and
road infrastructure, sets the institutional manage the evaluation of the impact on
framework and the way of managing road road safety, of road safety audit and training
safety. This law gets the provisions of the activities, certification and professional
Directive no. 2008/96/EC of the European updating of road safety authorities.
Parliament and of the European Council As far as its activities are concerned,
from November, 19th, 2008 regarding the the Road Authority in Romania achieves
management of road safety infrastructure. the main responsibilities regarding the
According to this (point 2 from the management of road safety applied to road
annex I), the Minister of Transportation is infrastructure.
the competent authority for regulation and The Road Authority in Romania also
control in order to apply the herein law. has other responsibilities stipulated in this
According to the lawmaker, the law and other legal norms regarding road
purpose of this law is to assure, increase the safety.
degree of public road safety, prevent

Table no. 2
Activities of the road safety audit

Evaluation of impact on
road safety, road safety
The road safety audit The control of road safety
audit and controls of road
safety
Evaluation of The road safety The control of road
impact on road safety is audit is part of a project safety must be made for
part of prefeasibility study of road infrastructure. It every public road. This
or feasibility study of a is a report of road safety control is provided by law
project of road audit and that must be made and made every 2 years.
infrastructure that can be on chapters according to It is a report consisting in:
substantially modified. This each stage (art. 10, para. 3 the periodical check of the
evaluation is made of the Law no. 265/2008): components that influence
according to the provisions a. feasibility study/ road safety according to the
of the annex no.1 of the documentation of certifying check framework lists and,
Law no. 265/2008 and it is the intervention works; as appropriate, the analysis
a report of evaluation of b. technical project and of possible effects of the
impact on road safety. execution stages; road repairing works in
The report of c. prior to the reception of course of execution on the
evaluation of impact on the public road in road traffic safety and the
road safety must mention question; identification of the aspects
the considerations in point related to the prevention
d. immediately after the
of road safety that have an of road accidents (art. 10,
public road for traffic is
important role in choosing para. 5 of the Law no.
functional.
the proposed solution and 265/2008).
provide all the relevant

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Evaluation of impact on
road safety, road safety
The road safety audit The control of road safety
audit and controls of road
safety
information that are The report issued The control report has an
necessary to analyze the after the evaluation of enclosed series of
cost – benefit of various impact/road safety audit has recommendations and/or
evaluated options. a series of recommendations orders regarding the
regarding the rehabilitation rehabilitation of possible
of the probably observed deficiencies.
deficiencies. The orders mentioned in
the control report are
obligatory for the authority
that administrates the
controlled roads, in the limit
of established deadlines.

The series of measures mentioned in In order to achieve an evaluation of

the report can be general intervention works impact on road safety, on road safety audit
executed by the road administration and the and road safety control the Road Authority
deadlines of applying these measures that in Romania and the road investor or
are set by the Transportation Minister’s administrator sign a framework contract.
Order. The evaluation of impact on road The road safety audit and road safety
safety or the road safety audit are made by control are made in compliance with the
auditors or a team of auditors depending on principle of transparency, equal treatment
the complexity of control. and criterion of impartial designation of
Thus, in case of a road accident with auditors for road safety respecting the
dead victims that took place on public impartial planning along a year.
roads, police notifies the Road Authority in The Road Authority in Romania
Romania in 15 days regarding the accident designates the auditors and notifies them,
providing the data in compliance with the the road investor or the road administrator,
law. as appropriate, in the shortest time, but in
In 90 days from notification, the Road not more than 30 days from the date of
Authority in Romania makes an additional signing the contract.
check of road safety at the accident place in The road safety auditors cannot refuse
order to identify possible causes related to the designation only in case of impartial
infrastructure that led to the accident. reasons or in one of the situation stipulated
The Road Authority in Romania by law.
makes additional checks on the priority- The road safety auditor must inform
controlled roads after the expiration of the Road Authority in Romania about any
terms in order to monitor the way of aware situation that could alter the principle
respecting the orders mentioned in the of independence of the auditor towards the
report of road safety control. In the report investor, designer, contractor or road
of road safety additional control, a relevant administrator.
point is the analysis of possible orders from The independence of auditor of road
the periodical/supplementary control reports safety towards the investor, designer,
that were not solved within the established executor or road administrator, is altered in
deadline up to the date of accident and that the cases shown in the following figure:
may have been the cause of the accident.

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- road safety auditor, his relative up to the 2nd degree or an employee of his has
contract relationship or he is employed by one of the contract parties;

- road safety auditor, his relative up to the 2nd degree or an employee of his is a
shareholder or has shares in in one of the participants.

- road safety auditor, his relative up to the 2nd degree or an employee of his is member
of the management team of one of the contract parties;

- are achieved other legal conditions regarding the conflict of interests or incompatibility

Figure no. 2 The independence of the auditor of road safety

towards other persons or situations

In case that one or more auditors c) data and information regarding

make a report of road safety audit/ accidents on the audited roads;
evaluation of impact on road safety/control d) information regarding recommendations
on road safety, without respecting the that are part of the prior report;
provisions mentioned above, the report is e) other necessary information.
worthless and the auditors of road safety At the auditor’s or team auditors’ road
has administrative/civil and/or penal guilt safety request, the authorities responsible for
according to the law. road safety put at their disposal, in writing,
The road investor and administrator the necessary information for: the report of
must transmit to the Road Authority in evaluation impact on road safety, the road
Romania the documentation regarding each safety audit or control, excepting the cases
chapter of the project of road infrastructure stipulated by law.
or public road that was assessed, controlled Impact evaluation on road safety
or audited in the shortest time, but in not and audit are made at the request of the
more than 30 days from the date of signing investor addressed to the Road Authority
the contract (art 12, paragraph 1 of the Law in Romania. The periodical road safety
no. 265/2008). control is made according to an annual
The Road Authority in Romania put planning on the basis of 2 year contracts
at auditor`s or auditor team’s disposal, at signed between the administrator of public
their request, the documentation regarding: road and the Road Authority in Romania.
a) evaluation of impact on road safety; The additional road safety control is
b) documents that are part of made when notifying police or according to
prefeasibility, feasibility studies, technical the own programs of Road Authority in
project and details of execution, but not less Romania, according to the case (art. 13,
than: the general plans of the road; the site paragraph 3 of the Law no. 265/2008).
plans and cross and longitudinal profiles of The report of road safety audit has
the road; the plans of fields where the road 4 chapters, one for each stage, each chapter
is built; the plans of horizontal and vertical having enclosed a series of recommendations
signalization and the plans of the of fixing the possible deficiencies that have
equipment of smart transport system; the been observed.
technical reports; the present and future In case of road safety controls, the
traffic analyses; report is made in two original copies

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transmitted to both the Road Authority in The relationship between the Road
Romania and road administrator in 90 days Authority in Romania and road safety
at maximum from the date of both the auditors is set by contract signed by both
signed contract and the notification. parties. This contract stipulates the rights
Within the same deadline, the Road and obligations of the parties, the deadlines
Authority in Romania sends a copy of the of finishing and transmission of the reports,
road safety report, according to the original the ways of payment according to a
one, to the police, too. framework contract approved by the
The investor must apply the necessary Minister’s of Transportation order.
measures in order to respect the The Road Authority in Romania
recommendations that are part of the report makes the classification of roads on criteria
before the end of the stage that is going to of road safety on the basis of periodical
be audited or immediately after the analyses of the information from the data
conclusions of the final report, or, according basis that is updated each 3 years.
to the case, he can oppose to the Commission The corrective measures from the
a part or all the recommendations, sending in report of road safety control, such as
writing, the Letter of Appeal in 10 days recommendations and/or orders, will be
from the date of receiving the report of road focused on the roads stipulated by law.
safety audit/evaluation of impact on road The road administrator will prioritize these
safety. measures with the most favorable cost –
The Commission provides solutions benefit report.
to the letter of objections and can maintain the The signalization to warn road users
recommendations, modify them or consider regarding the road works will be made in
them as not justified. The Commission line with the law in force. They will be
communicates the result to the investor, the visible by day and night and installed at a
Road Authority in Romania and to the road safe distance according to the rules in force
safety auditor. (Tarnu, 2016).
The road administrator is responsible The road users will be permanently
for the damage suffered by the road traffic informed by the road administrator that
users who were touched by the lack of there is a road sector with high accident rate
solution for the obligations contained in the or that there are works in course, using
report of road safety control. adequate ways and/or signalization systems
The solution of the letter of objections in line with the law regarding public road
can be opposed in the Contecious traffic (The Romanian Government, 1997).
Administrative Court. A copy of the final The activities and the elements of
sentence of the Court will be enclosed to impact evaluation of the road safety audit
the report. are presented in the fallowing figures.

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Compponents of th he evaluation of impact on road safe ety:

•deefinition of thhe problem;
•present and fu uture situatio on in case of not initiating any action;
pecific objecttives of road safety;
•sp
•an
nalysis of imp pact of propo osed alternatives regardiing road safeety;
•co
ompare optio ons among whichw there iss the analysis of cost – benefit reportt;
•present all posssible solutio ons
Compponents thatt we should have h in mindd:
•deead victims and road acciidents, the objectives
o of reducing theem in compaarison with th he
sceenarios that reveal the laack of initiatiing actions;
•ch
hoose routes and directio ons;
•poossible effectts on the exisstent road networks, succh as: exits, lane tunnels,, junctions;
•road users inclluding the vu ulnerable ones (for exam mple: pedestrrians, cyclistss, motorbike
ers);
•traaffic and its size,
s clasificaation and typ
pe of the veh hicle;
•season and clim mate conditiions;
•sufficient num mber of zoness that allow drivers
d to sto
op in safe conditions;
•eaarthquakes

Figuree no. 3 Evaluuation of im

mpact on roaad safety for projects of infrastruccture applieed in the
member states off the Europeean Union (source:
(s adaapted from The
T Europeaan Council,, 2008)

Figure noo. 4 Audit operations

op inn the field of road safety regardingg projects
of infrasstructure in the Europeean Union countries
c

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Being or ceasing to be a road safety It is vital to develop a program for activities

auditor is mentioned in the Law no. 265/ regarding the management of systematical
2008 regarding the management of road and reoccurring weak points for
safety applied to road infrastructure. identification, analysis, identification of
Road safety audit and evaluation of measures, set of priorities, effective
impact on road safety are made under free improvement and evaluation.
practice regime by the road safety auditors The weak points should be identified
designated by the Road Authority in Romania each year on all roads as the Romanian
(art. 5, paragraph 3 of the Law no. 265/2008). Police does. The road administrators
The road safety control is made by together with the responsible authorities
the Road Authority in Romania by trained should get data referring to weak points of
teams of qualified staff employed by the the roads they administrate and submit
Road Authority in Romania. At least, one them to analysis.
member of the team is certified as a road On the basis of identified weak
safety auditor. points, there should be identified measures
The road safety auditors employed by that could solve the road safety issues, for
the Road Authority in Romania can not example physical improvement and not only
make road safety audit and evaluation of warning signs located in weak points.
impact of road safety. The warning signs should be located in
weak points only as a temporary measure
Conclusions up to the implementation of an adequate
The existing black points within the measure.
system of management should be revised.
REFERENCES
AUSTROADS. (1994). Road Safety Audit, available at: http://www.austroads.com.au/
about-austroads/austroads-guides.
European Commission. (2011). Horizon 2020, available at: http://ec.europa.eu/growth/
sectors/space/research/horizon-2020_ro.
Tarnu, L. I. (2012). Analysis, Investigation and Reconstruction of Road Accidents,
Bucharest: Universul Juridic Publishing House.
Tarnu, L. I. (2016). Legal Aspects of Systematization and Signalization of Roads in
Romania, Sibiu: „Lucian Blaga” University in Sibiu Publishing House.
The European Council. (2008). The Directive 2008/96/EC, regarding road safety
applied to road infrastructure, Bruxelles: The Official Journal of the E.U., L series, no. 319,
November, 29th, 2008.
The Romanian Government. (1997). Emergency Ordinance no.43 regarding the legal
regime of roads, modified and amended by the Law 82/1998, Bucharest: Official Gazette.
The Romanian Government. (2002). Emergency Ordinance no. 195, regarding the
traffic on public roads, republished and updated, Bucharest: Official Gazette.
The Romanian Government. (2002). Ordinance no. 1391 for the approval of the
Regulation of applying the Government Emergency Ordinance no.195/2002, regarding the
traffic on public roads, republished and updated, Bucharest: Official Gazette.
The Romanian Parliament. (2008). The Law no. 265, republished, regarding the road
safety applied to road infrastructure, Bucharest: Official Gazette.
The Romanian Parliament. (2014). The Penal Code of Romania, Bucharest: Official Gazette.
The Romanian Parliament. (2016). National Strategy of Road Safety for the period
2016-2020, Bucharest: Official Gazette.

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