ISCTR sanctions

Legal defence and representation in proceedings challenging ISCTR sanctions

Challenging reports establishing and sanctioning contraventions issued by the State Inspectorate for Road Transport Control (ISCTR) is a highly specialised judicial procedure governed by Government Ordinance No. 26/2011 establishing ISCTR, Government Ordinance No. 37/2007 establishing the sanctions framework for road transport, the relevant European rules (Regulations EC Nos. 561/2006 and 165/2014) and the general framework provided by Government Ordinance No. 2/2001 on the legal regime of contraventions. The stringent measures imposed by ISCTR inspectors — from very large contravention fines for exceeding maximum permitted weights and dimensions (overloading), failing to observe drivers’ driving, break and rest periods, improper use or manipulation of tachographs, to severe ancillary measures such as immobilising the vehicle, retaining registration plates and the registration certificate or suspending the transport licence — can instantly halt a freight or passenger transport company’s fleet and operations. Involving a lawyer specialising in transport and contravention law is imperative from the outset, since the statutory deadline for lodging a contravention complaint is only 15 days from delivery or notification of the official report. Lodging a contravention complaint with the court automatically suspends enforcement of the contravention fine and ancillary measures imposed until final determination of the case.

Annulment of the official report, tachograph data analysis and defence strategies

Annulment or reduction of ISCTR sanctions depends on meticulous analysis of the roadside inspection procedure and technical rebuttal of the inspectors’ findings. An defence strategy effectively structured approach first identifies grounds of absolute or relative nullity of the official report, such as wrongly sanctioning the company instead of the driver or vice versa, errors identifying the vehicle or vehicle combination, absence of a detailed description of the circumstances or failure to observe limitation periods. On the merits, the litigation strategy focuses on challenging technical data from weighing or tachograph-reading equipment: requesting metrological verification certificates for roadside scales, demonstrating weighing errors caused by road inclination or movement of liquid or bulk loads, and analysing digital .ddd files downloaded from the driver’s card and tachograph to establish force majeure, technical faults not attributable to the operator, extreme weather or lack of safe parking along the route. Alternatively, the defence seeks replacement of the contravention fine with a warning or reduction of its amount by demonstrating the absence of serious fault by the transport operator, a clean record and implementation of all internal staff-training measures.

Legal assistance and representation in Focșani and Vrancea County

An ISCTR sanction or immobilisation of a vehicle combination en route can generate enormous late-delivery penalties owed to transport customers, loss of clients and daily standing costs. Basuc Cosmin Law Office in Focșani provides specialist legal assistance and representation in preparing and pursuing contravention complaints against reports issued by the territorial ISCTR inspectorate or inspection teams in Vrancea County and neighbouring transit regions (E85/DN2). We assist with technical and legal analysis of the inspection act, draft the contravention complaint, promptly secure release of immobilised vehicles and present digital and metrological evidence to the court, providing a firm defence before Focșani District Court and the Vrancea Tribunal, seeking annulment of abusive sanctions, protection of licences and keeping your fleet moving.