The Foundation for the Defence of Citizens Against State Abuses continues the lawsuit initiated against the Ministry of Transport and Infrastructure in order to unblock the enforcement of Law no. 20/2022 on defensive driving. The norm was adopted in order to increase road safety in Romania, but has remained unenforceable for more than four years. The case is pending before the Bucharest Court of Appeal and has its first trial date set for the 03rd of June, 2026.
The Law on Defensive Driving, adopted in January 2022, should have allowed for the organization of courses through which young drivers would learn how to anticipate traffic dangers, how to react in extreme situations and how to avoid accidents. However, this mechanism is not operational, as the Ministry of Transport has not issued the order establishing the implementing rules. Without these rules, driving schools cannot be authorized to provide defensive driving courses, instructors cannot be certified, and citizens cannot effectively benefit from the provisions of the law. The law does exist, but it cannot be enforced.
The Ministry of Transport requested the court to dismiss FACIAS's action. First, the institution is trying to block the trial by procedural arguments, claiming that FACIAS would not have the right or interest to request the enforcement of the law in court. Also, on the merits, the ministry claims that the law does not impose an exact deadline for the adoption of the norms and that, for this reason, it would have the freedom to decide when and under what conditions to issue them. The Ministry also invokes the lack of uniform technical standards at the European Union level. Basically, the Ministry of Transport claims that Romania could not apply the defensive driving law until there are clear European rules in this area and that, at this point, national norms would be premature or inapplicable.
FACIAS will request the court to reject these arguments as unfounded. A law adopted by Parliament and entered into force cannot remain blocked for years just because the ministry claims that it was not given an exact date by which to issue the norms. The lack of an express deadline does not mean the public authority can indefinitely postpone the enforcement of the law.
Neither can the argument regarding the lack of uniform standards at European level justify the ministry's inaction. On the contrary, each state can establish national rules for the training of drivers. In fact, several European countries have already introduced forms of preventive or defensive training in the driver training process. In Finland and Sweden future drivers are trained for difficult situations, including driving in low-grip conditions. In Germany and Austria, preventive driving plays an important role in practical training.
Through these examples, FACIAS shows that Romania has no reason to wait indefinitely for a single European regulation in order to apply an already adopted national law. Moreover, Romania urgently needs such measures. Our country is still among the European states with the worst road accident statistics. Under these conditions, every year of delay in applying the defensive driving law means maintaining a major risk on public roads.
FACIAS will request the Bucharest Court of Appeal to oblige the Ministry of Transport and Infrastructure to issue the necessary regulations for the implementation of Law no. 20/2022. A law that can contribute to saving lives and training better-trained drivers must not remain just on paper.