Challenging a traffic fine in Romania: the 15-day deadline and what if you missed it
The deadline is final — but defective service of the offence report can change the calculation entirely. What to check before giving up.
Cabinet Juridic · Published on
The most common reason a well-founded challenge fails has nothing to do with the merits — it is the calendar. A challenge must be filed within 15 days of the offence report being handed over or served, and this deadline is final: once it expires, the penalty stands, however unlawful the report may be.
When exactly does the clock start
The distinction that matters in practice is between handing over and service:
- Handed over on the spot. You signed the report in front of the officer. The deadline runs from the day after signing.
- Served by post. The deadline runs from the delivery confirmation date.
- Served by posting. If the recipient refuses delivery or cannot be found, the report is posted at their address and the deadline runs from the posting date, recorded in a separate report.
This is where most irregularities appear. Service by posting is subject to strict conditions, and if they are not met, the deadline simply never started running.
What to check before concluding you missed it
- The actual service date, not the date you learned about the fine. Ask the issuing authority for proof of service.
- The address used. Service at an address where you no longer live, when your registered domicile was elsewhere, is defective.
- The posting report. It must exist, be signed, and carry a date.
- How the days are counted. Neither the first nor the last day counts towards the term.
If you can show the delay was caused by well-justified reasons, the court may restore the deadline. That request must be made within 15 days of the impediment ceasing.
Filing suspends payment
An often-overlooked point: filing the challenge automatically suspends enforcement, including complementary sanctions. You need not pay while the case is pending, and penalty points are not applied until a final judgment.
The flip side: if you lose, the benefit of paying half the statutory minimum is lost for good — it is available only within 15 days of service.
What we examine in such a case
First, the description of the act: a report that does not describe the facts concretely but merely reproduces the statutory text is void. Then the officer's competence, the evidence (a radar device with valid metrological verification, video recordings, statements) and whether the sanction is proportionate to the seriousness of the conduct.
If your situation matches any of the above, contact us before the deadline expires — afterwards, the options narrow considerably.
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