Last updated: 18 September 2014
The Romanian Government passed, in September, Government Ordinance no. 21/2014; which changes the rules under which foreign citizens can obtain a driving license and the proof of domicile and residence that such foreign citizens must provide.
Under the former provisions, in Romania the residence was considered the place where a person lived on a regular basis, namely at least 185 days per year, having personal or professional ties to this place. This definition was not precise enough and did not transpose correctly Directive 2006/126/CE on driving licenses. This is why the amendment of the law was necessary. At present, the notion of “residence”’ is more broadly interpreted, as a result of the changes that we shall present to you hereinafter:
General Rules
Foreign citizens who do not hold a driving license are entitled to appear before the Romanian authorities in order to take the exam for the driving license if they reside/domicile in Romania or if they have been studying here for more than 6 months. Moreover, they can request to take the exam in a foreign language. The organization of the exam and the driving license issuance is performed by the competent authority of the district where the foreign citizen’s registered office / residence / place of study is located.
Domicile and Residence of Foreign Citizens
As regards foreign citizens wishing to take the driver’s license exam in Romania, it is considered that they have their residence/domicile on Romanian territory in the following situations:
- They live, on a regular basis, at least 185 days per year, at an address located in Romania, to which they have professional or personal ties.
- They return periodically to and address located in Romania for personal reasons tied to this address, even if they live in different places located in two ore more EU/EEC Member States or in the Swiss Confederation, their professional ties being different from their personal ties. In such case, their residence is in Romania because this is the place to which the person has personal ties, if such person regularly returns there.
- They live on a regular basis at an address located in Romania for personal reasons tied to this address, even if they temporarily live in another EU/EEC Member State or in the Swiss Confederation in order to carry out an activity or a mission for a determined period of time. In such case, the person’s residence is considered to be in Romania because this is the place to which this person has personal ties, even if such person does not travel on a regular basis to this place.
In order to obtain the driving license, a person must submit several documents in order to prove that he/she resides in Romania.
The Situation of Foreign Citizens Studying in Romania
Another change concerns the situation of foreign citizens studying in Romania.
The new rule provides that foreign citizens that have been studying in Romania for at least 6 months may take the exam for the Romanian driving license.
Consequently, in order to obtain such license students must present a certificate from the educational institution they attend, certifying that they have been studying in Romania for at least 6 months.
Replacement of the Foreign Driving License
Citizens of EU Member States, citizens of States which have signed the Convention on Road Traffic, as well as citizen of States with which Romania has concluded a treaty on the mutual recognition of driving licenses can drive a vehicle on Romanian territory based on their driving license issued by their national authorities.
If their driving license is lacking for justified reasons, if it was stolen or lost, foreign citizens can request the replacement of their national driving license with a an equivalent Romanian document.
In order to request the replacement of their driving license, foreign citizens must submit, among others, a document certifying the absence of the driving license issued by their national authorities, that such driving license was lost or stolen. Furthermore, they must submit a notarized affidavit certifying the fact that the license whose replacement is requested is authentic, was not annulled and that its holder does not hold another national driving license.