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Chapter 10 - Part 13 - Other sanctions (penalty points, the prohibition of driving on the territory of Romania and the retention / withdrawal / suspension / cancellation of the driving licence)

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Text explanation

 

Reference articles from the updated road traffic legislation

OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 (Road Traffic Code)

Regulation = REGULATION for the implementation of OUG 195/2002 (Road Traffic Code Regulation)


OUG - Article 103

(1) The suspension of exercising the right to drive motor vehicles, agricultural or forestry tractors or trams applies: (The introductory part of Article 103 was amended by law and also updated on Școala Rutieră on 29-06-2024)

a) for a period of 30 days, if the holder of the driving licence committed contraventions that total 15 penalty points;

b) for a period of 60 days, if the holder of the driving licence again totals at least 15 penalty points in the following 12 months from the date of expiry of the last suspension of exercising the right to drive.
c) for a period of 180 days when the act of the driver of a motor vehicle or tram was investigated as an offence against the safety of traffic on public roads and the prosecutor or the court ordered the dismissal under the conditions of art. 16 paragraph (1) letter b) second sentence of the Criminal Procedure Code, waiver of criminal prosecution, waiver of applying the punishment or postponement of applying the punishment if the obligation provided in art. 85 paragraph (2) letter g) of the Criminal Code was not ordered; (Letter c) was amended by law and also updated on Școala Rutieră on 31-01-2022)
d) in case of a road traffic accident from which the death or injury of a person resulted, produced as a result of the violation by the driver of a motor vehicle, an agricultural or forestry tractor or a tram of a traffic rule for which this emergency ordinance provides the suspension of exercising the right to drive, when the prosecutor or the court ordered the dismissal under the conditions of art. 16 paragraph (1) letters b), e) and g) of Law no. 135/2010, as subsequently amended and supplemented, waiver of criminal prosecution, waiver of applying the punishment or postponement of applying the punishment if the obligation provided in art. 85 paragraph (2) letter g) of Law no. 286/2009, as subsequently amended and supplemented, was not ordered, acquittal under the conditions of art. 16 paragraph (1) letter b) or, as the case may be, termination of the criminal proceedings under the conditions of art. 16 paragraph (1) letters e) and g) of the Criminal Procedure Code, for the following periods: (Letter d) of Article 103 was amended by law and also updated on Școala Rutieră on 29-06-2024)
  • 1. 60 days if for the violation of the traffic rule the suspension of exercising the right to drive for 30 days is provided;
  • 2. 90 days if for the violation of the traffic rule the suspension of exercising the right to drive for 60 days is provided;
  • 3. 120 days if for the violation of the traffic rule the suspension of exercising the right to drive for 90 days is provided;
  • ​4. 150 days if for the violation of the traffic rule the suspension of exercising the right to drive for 120 days is provided.

e) repealed (for a period of 180 days, when the holder of the driving licence was convicted by a final court decision for the offences provided in art. 334 para. (1) and (3) of the Criminal Code. (Letter c) was amended by law and also updated on Școala Rutieră on 31-01-2022)) (Letter e) was repealed on 02-03-2023)

(4) The penalty points are cancelled upon the expiry of the 6-month period from the date the contravention was established. In the situation in which a complaint was filed against the report of finding and sanctioning the contravention by which any of the penalty points leading to the accumulation provided in paragraph (1) letters a) and b) were applied, the running of the cancellation period is suspended by law for all penalty points making it up, from the date of registration of this complaint with the court until the date the court decision becomes final by which the court rejected the contravention complaint or admitted it in part, maintaining the applied complementary contravention sanction. The suspension of exercising the right to drive resumes by law starting at 00:00 of the day following the day on which the driving licence was surrendered, after the court decision becomes final by which the court rejected the complaint filed against the report of finding and sanctioning the contravention or admitted it in part, maintaining the applied complementary contravention sanction, but no later than 30 days from the date the court decision became final. If the offender does not surrender the driving licence within this period, the duration of the suspension of exercising the right to drive is increased by law by 30 days, without the fulfilment of any other formalities. The provisions of art. 118 para. (4^1) and (4^2) apply accordingly. (Paragraph (4) was amended by law and also updated on Școala Rutieră on 29-06-2024)

(5) The suspension of exercising the right to drive provided in paragraph (1) letters a) and b) cancels all penalty points accumulated up to that moment. (Paragraph (5) was amended by law and also updated on Școala Rutieră on 11-02-2020)

OUG - Article 108

(1) The commission by the driver of a motor vehicle, an agricultural or forestry tractor or a tram of one or more contraventions entails, in addition to the fine sanction, the application of a number of penalty points, as follows

a) 2 penalty points for committing the following acts:

1. incorrect use of the main-beam headlights when meeting a motor vehicle and an agricultural or forestry tractor travelling from the opposite direction;
2. repealed; (Point 2 was amended by law and also updated on Școala Rutieră on 12-10-2019) (it was moved to letter c) at 4 penalty points)
3. non-compliance with the obligation to wear, while travelling on public roads, the seat belt or, as the case may be, approved protective helmets;
4. exceeding by 10-20 km/h the maximum permitted speed on that road section for the category to which the driven motor vehicle belongs, established, according to the law, by type-approved and metrologically verified technical means;
5. driving on a road section on which access is prohibited;
6. non-compliance with the rules regarding the U-turn manoeuvre, reversing, changing lanes or direction of travel;
7. non-compliance with the obligation to use also during the daytime the dipped-beam headlights or daytime running lights, on all categories of public roads; (Point 7 was amended by law and also updated on Școala Rutieră on 16-06-2023)
8. irregular stopping;
9. incorrect use of the main-beam headlights in relation to the motor vehicle and the agricultural or forestry tractor travelling in front of it, in the same direction of travel.

b) 3 penalty points for committing the following acts:

1. unjustified stopping on the emergency lane of motorways, or stopping on the carriageway of express roads or of European national roads (E); (Point 1 was amended by law and also updated on Școala Rutieră on 27-02-2022)
2. exceeding by 21-30 km/h the maximum permitted speed on that road section for the category to which the driven motor vehicle belongs, established, according to the law, by type-approved and metrologically verified technical means;
3. non-compliance with the rules regarding the U-turn manoeuvre, reversing, changing lanes or direction of travel, if by this an accident was produced from which the damage of a vehicle or other material damages resulted;
4. not keeping an appropriate distance from the vehicle in front of it, if by this an accident was produced from which the damage of a vehicle or other material damages resulted;
5. non-compliance with the meaning of the “Keep right” sign, installed on the refuge of tram stop stations, except for the driver of a motor vehicle intended for public passenger transport through regular services, in case the stations of the two means of transport coincide; (Point 5 was amended by law and also updated on Școala Rutieră on 09-04-2020)
6. entering an intersection when traffic inside it is blocked;
7. irregular waiting;
8. using fog lights in conditions other than fog;
9. non-compliance with the obligation of the driver of a motor vehicle to make sure that minor persons wear seat belts or are transported in approved child-seat restraint devices, under the conditions provided by the regulation;
10. non-compliance with the provisions of art. 36 para. (1^3) or with the conditions provided by the regulation regarding the transport of children in motor vehicles that are not equipped with safety systems;
11. non-compliance with the obligation to apply the parking brake, to stop the engine from running and to engage a lower gear, or to engage the parking position if the motor vehicle has automatic transmission, when the driver of the vehicle immobilized on a public road moves away from it. (Point 11 was added by law and posted on Școala Rutieră on 27-02-2022)

c) 4 penalty points for committing the following acts:

1. non-compliance with the obligations incumbent on them in the case of vehicles left with a breakdown or damaged;
2. refusal to hand over the identity document, the driving licence, the registration certificate or recording certificate, the other documents provided by law, at the request of the traffic police officer, as well as refusal to allow the checking of the vehicle;
3. exceeding by 31-40 km/h the maximum permitted speed on that road section for the category to which the driven motor vehicle belongs, established, according to the law, by type-approved and metrologically verified technical means;
4. travelling at night or during the day, in fog, heavy snowfall or torrential rain, with a motor vehicle and an agricultural or forestry tractor without lights or without proper signalling;
5. driving a motor vehicle and an agricultural or forestry tractor or towing a trailer when their circulation on public roads is prohibited according to art. 15 para. (5), except for the cases in which the vehicle, registered or recorded, does not have fitted number plates with the registration number or recording number assigned by the competent authority, or if these are not compliant with the standards in force; (Point 5 was amended by law and also updated on Școala Rutieră on 27-02-2022)
6. using mobile phones when the drivers of vehicles are travelling on public roads, except for those equipped with «hands-free» devices. (Point 6 was added by law and posted on Școala Rutieră on 09-04-2020) (it was moved from letter a) to letter c) at 4 penalty points)

d) 6 penalty points for committing the following acts:

1. refusal to allow the immobilization of the vehicle or its technical inspection;
2. non-compliance with the meaning of the statutory signals of the railway agents directing traffic at level crossings with the railway;
3. exceeding by 41-50 km/h the maximum permitted speed on that road section for the category to which the driven motor vehicle belongs, established, according to the law, by type-approved and metrologically verified technical means;
4. driving on public roads a vehicle without having one of the number plates with the registration number or the recording number mounted, or if the number plates with the registration number or the recording number are not fixed in the specially designated places;
5. travelling or waiting on the prohibited area that separates the directions of travel on the motorway or on the express road; (Point 5 was amended by law and also updated on Școala Rutieră on 16-05-2022)
6. waiting or parking motor vehicles on the motorway or on the express road in places other than those specially arranged and signalled; (Point 6 was amended by law and also updated on Școala Rutieră on 16-05-2022)
7. repealed (performing on the motorway the U-turn manoeuvre or reversing, travelling or crossing from one direction of travel to the other through prohibited areas, namely through the median strip or the connections between the two carriageways); (Point 7 was repealed by law and also removed from Școala Rutieră on 27-02-2022) (it was moved to article 102, paragraph (4))
8. non-compliance with the meaning of the signs “Level crossing with a single railway line, without barriers”, “Level crossing with a double railway line, without barriers” or “Stop”, installed at the level crossing with a railway;
9. changing direction of travel by turning left, if by this the continuous longitudinal marking separating the directions of travel is crossed;
10. entering a signal-controlled intersection, if by this the traffic inside the intersection is blocked.

OUG - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:

a) upon accumulating at least 15 penalty points;
b) when its holder has committed one of the offences provided in art. 334, art. 335 para. (2), art. 336, 336^1, 337, art. 338 para. (1) and in art. 339 para. (2), (3) and (4) of Law no. 286/2009, as subsequently amended and supplemented; (Letter b) was amended by law and also updated on Școala Rutieră on 29-06-2024)
c) upon committing one of the contraventions provided in art. 100 para. (3), art. 101 para. (3), art. 102 para. (3) and (4), and in the situation provided in art. 115 para. (1); (Letter c) was amended by law and also updated on Școala Rutieră on 31-01-2022)
d) when its holder has been declared unfit to drive motor vehicles, agricultural or forestry tractors or trams;
e) when it shows alterations, erasures or additions, or is damaged;
f) repealed (when it is unjustifiably in the possession of another person); (Letter f was repealed by law and also removed from Școala Rutieră on 27-02-2022)
g) when the period of validity has expired.

(2) Upon retention of the driving licence, in the cases provided in paragraph (1), its holder is issued a replacement proof with or without the right to drive.

(3) In the situations provided in paragraph (1) letters a) and d), in art. 102 para. (3) letter a) and in art. 102 para. (4) of this emergency ordinance, as well as in those provided in art. 334 para. (2) and (4), art. 335 para. (2), art. 336, 336^1, 337, art. 338 para. (1) and in art. 339 para. (2), (3) and (4) of Law no. 286/2009, as subsequently amended and supplemented, the replacement proof of the driving licence is issued without the right to drive. (Paragraph (3) was amended by law and also updated on Școala Rutieră on 29-06-2024)

(4) The driving licence of the driver of a motor vehicle, an agricultural or forestry tractor or a tram, involved in a road traffic accident from which the death or injury of a person resulted, is retained by the traffic police if they violated a traffic rule, and a replacement proof is issued without the right to drive, in the situation in which the violated traffic rule is one of those provided in art. 102 para. (3) letter a) or in art. 102 para. (4), or a replacement proof with the right to drive for a period of 15 days, in the other cases. (Paragraph (4) was amended by law and also updated on Școala Rutieră on 29-06-2024)

Article 102

(3) The commission by the driver of a motor vehicle, an agricultural or forestry tractor or a tram of the following acts constitutes a contravention and is sanctioned with the fine provided for in class IV of sanctions and with the application of the complementary sanction of the suspension of exercising the right to drive for a period of 90 days:
a) driving under the influence of alcoholic beverages, if the act does not constitute, according to the law, an offence;
[...]

(4) The commission by the driver of a motor vehicle or of an agricultural or forestry tractor of the following acts constitutes a contravention and is sanctioned with the fine provided for in class IV of sanctions and with the application of the complementary sanction of the suspension of exercising the right to drive for a period of 120 days:
a) exceeding by more than 70 km/h the maximum permitted speed on that road section and for the category to which the driven motor vehicle belongs, established, according to the law, by type-approved and metrologically verified technical means;
b) not stopping at the level crossing with the railway when the barriers or half-barriers are lowered or are being lowered, or when the red light and/or sound signals are in operation;
c) performing, by the driver of a motor vehicle, on the motorway or on the express road, the U-turn manoeuvre or reversing, travelling against the direction of travel, travelling or crossing from one direction of travel to the other through prohibited areas, namely through the median strip or the connections between the two carriageways.

(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 para. (3), in art. 101 para. (3), in art. 102 para. (3) letter b), e) and f) of this emergency ordinance, as well as in art. 334 para. (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with the right to drive for a period of 15 days. (Paragraph (5) was amended by law and also updated on Școala Rutieră on 11-02-2020)

OUG - Article 97

(4) The withdrawal of the driving licence is ordered by the traffic police in the cases provided in art. 22 para. (6^2), (6^4), (8^4) or (8^6), art. 38 para. (5) and art. 113 para. (1^4). (Paragraph (4) was amended by law and also updated on Școala Rutieră on 29-06-2024)

OUG - Article 22

[...]

(6^2) On the date of receipt of the communication provided in para. (6^1) first sentence, the traffic police withdraws the driving licence of the respective person, making a note of this in the records of retained driving licences and of the sanctions applied to drivers of motor vehicles, agricultural or forestry tractors or trams. The ordered measure is communicated, without delay, to the driver provided in para. (6). The holder of the withdrawn driving licence no longer has the right to drive motor vehicles, agricultural or forestry tractors or trams starting from the date of communication of the withdrawal measure.
[...]
(6^4) Within 5 days from the date of communication of the identification data provided in para. (6^3), the traffic police requests the holder of the driving licence to submit proof of having presented themselves for the medical examination provided in para. (6). If the holder of the driving licence does not communicate the proof within the time limit set by the traffic police, the provisions of para. (6^2) apply accordingly.
[...]
(8^4) On the date of receipt of the communication provided in para. (8^3), the traffic police withdraws the driving licence of the respective person according to para. (8), making a note of this in the records of retained driving licences and of the sanctions applied to drivers of motor vehicles, agricultural or forestry tractors or trams. The ordered measure is communicated, without delay, to the driving-licence holder. The holder of the withdrawn driving licence no longer has the right to drive motor vehicles, agricultural or forestry tractors or trams starting from the date of communication of the withdrawal measure.
[...]
(8^6) Within 5 days from the date of communication of the identification data provided in para. (8^5), the traffic police requests the holder of the driving licence to submit proof of having presented themselves for the psychological assessment provided in para. (8^1). If the holder of the driving licence does not communicate the proof within the time limit set by the traffic police, the provisions of para. (8^4) apply accordingly.
[...]

OUG - Article 38

[...]
(5) In the situation provided in para. (3), when the person refuses or is unable to undergo testing in order to establish the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, the traffic police officer orders the withdrawal of the driving licence until the date of receipt of the result of the analysis of the biological samples, issuing a replacement proof without the right to drive.

OUG - Article 113

[...]

(1^4) In the situation in which, on the date of expiry of the suspension period of exercising the right to drive vehicles, the holder of the driving licence does not present the result of the medical examination provided in para. (1^3), starting from the first day following the day of expiry of the suspension period of exercising the right to drive vehicles, the head of the traffic police in whose jurisdiction the act was committed orders the withdrawal of the driving licence until the date of its presentation.
[...]

(5) The cancellation of the driving licence issued by the Romanian authorities is ordered by the traffic police within whose territorial jurisdiction one of the acts provided in art. 114 paragraph (1) and (2) occurred. (Paragraph (5) was amended by law and also updated on Școala Rutieră on 31-01-2022)

(5^1) The prohibition of driving motor vehicles on the territory of Romania, in the case of the holder of a driving licence issued by a foreign authority, is ordered by the traffic police within whose territorial jurisdiction one of the acts provided in art. 114 paragraph (1) letter a), b) or d) occurred. (Paragraph (5^1) was introduced by law and posted also on Școala Rutieră on 31-01-2022)

OUG - Article 114

(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases: (The introductory part of paragraph (1) was amended by law and also updated on Școala Rutieră on 31-01-2022)

a) the holder of the driving licence was convicted by a final court decision for an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules;
b) the holder of the driving licence was convicted, by a final court decision, for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraph (2)-(4) of Law no. 286/2009, as subsequently amended and supplemented; (Letter b) was amended by law and also updated on Școala Rutieră on 29-06-2024)
c) repealed;
d) the holder of the driving licence was applied, by a final court decision, the complementary punishment of prohibiting the right to drive certain categories of vehicles, established by the court, provided in art. 66 paragraph (1) letter i) of the Criminal Code.
e) the driving licence was obtained in breach of the legal provisions, a situation established by the competent court.
f) the driving licence was obtained during the period in which the holder was investigated or tried in criminal proceedings for committing one of the offences provided in art. 334, art. 335 paragraph (1) and (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraph (2)-(4) of Law no. 286/2009, as subsequently amended and supplemented, or for committing an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules, when they were convicted by a final court decision. (Letter f) was amended by law and also updated on Școala Rutieră on 29-06-2024)

(2) In case the holder of the driving licence has died, the deletion of the entries regarding their driving licence, entered in the National Register for the record of driving licences and registered vehicles, provided in art. 11 paragraph (4), is carried out by the local public community service for driving licences and vehicle registration that issued the document, under the conditions of the existence of a death certificate or based on the data transmitted by the competent authorities. (Paragraph (2) was amended by law and also updated on Școala Rutieră on 29-06-2024)

OUG - Article 114^1

In the case of the holder of a driving licence issued by a foreign authority, if they are in one of the cases provided in art. 114 paragraph (1) letter a), b) or d), the prohibition of driving motor vehicles on the territory of Romania is ordered for a period of 1 year, starting with the day immediately following the date the court decision becomes final, under the conditions established by the regulation.


 
If you cannot or do not wish to watch the AUDIO-VIDEO version of this lesson, you have the text version below.

Text version of the lesson: Chapter 10 - Part 13 - Other sanctions

(penalty points, the prohibition of driving motor vehicles on the territory of Romania, and the retention / withdrawal / suspension / cancellation of the driving licence)

Road Traffic Code - Other sanctions contraventions

 

PENALTY POINTS

Penalty points are awarded for committing one or more contraventions.

It is possible to apply 2, 3, 4 or 6 penalty points. These are added into a “personal account” of the driver of the vehicle, and when they reach 15 penalty points, the driving licence is retained for the purpose of suspending the right to drive for a period of 30 days. If another 15 penalty points are accumulated in the following 12 months from the date of expiry of the last suspension, the driving licence is retained for the purpose of suspending the right to drive for a period of 60 days. (art. 103 para. (1) letters a) and b) of the OUG)

The penalty points are cancelled upon the expiry of the 6-month period from the date the contravention was established. In the situation in which a complaint was filed against the report of finding and sanctioning the contravention by which any of the penalty points leading to the accumulation provided in para. (1) letter a) were applied, the running of the cancellation period is suspended by law for all penalty points making it up, from the date of registration of this complaint with the court until the date the court decision becomes final by which the court rejected the contravention complaint or admitted it in part, maintaining the applied complementary contravention sanction. (art. 103 para. (4) of the OUG)

The suspension of exercising the right to drive for the accumulation of 15 penalty points cancels all penalty points accumulated up to that moment (art. 103 para. (5) of the OUG).

THE PROHIBITION OF DRIVING MOTOR VEHICLES ON THE TERRITORY OF ROMANIA

The prohibition of driving motor vehicles on the territory of Romania, in the case of the holder of a driving licence issued by a foreign authority, is ordered for a period of 1 year, for one of the following acts: (art. 97 para. (5^1), art. 114 para. (1) letters a), b), d), and art. 114^1 of the OUG)

  • the holder of the driving licence was convicted by a final court decision for an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules;
  • the holder of the driving licence was convicted, by a final court decision, for the offences provided in art. 334 para. (2) and (4), art. 335 para. (2), art. 336, 337, art. 338 para. (1), art. 339 para. (2), (3) and (4) of the Criminal Code;
  • ​the holder of the driving licence was applied, by a final court decision, the complementary punishment of prohibiting the right to drive certain categories of vehicles established by the court, provided in art. 66 para. (1) letter i) of the Criminal Code.
RETENTION OF THE DRIVING LICENCE
 
Apart from the cases listed under offences and contraventions, the measure of retention of the driving licence is also ordered in the following cases: (art. 111 para. (1) of the OUG)
  • upon accumulating at least 15 penalty points; (a replacement proof is issued without the right to drive (art. 111 para. (3) of the OUG))
  • when its holder has committed one of the offences provided in art. 334, art. 335 para. (2), art. 336, 336^1, 337, art. 338 para. (1) and in art. 339 para. (2), (3) and (4) of Law no. 286/2009, as subsequently amended and supplemented; (a replacement proof is issued with or without the right to drive, depending on the article under which the respective act falls (art. 111 para. (3) of the OUG))
  • when its holder has been declared unfit to drive motor vehicles, agricultural or forestry tractors or trams; (a replacement proof is issued without the right to drive (art. 111 para. (3) of the OUG))
  • when it shows alterations, erasures or additions, or is damaged; (a replacement proof is issued with the right to drive for 15 days (art. 111 para. (5) of the OUG))
  • when the period of validity has expired. (a replacement proof is issued with the right to drive for 15 days (art. 111 para. (5) of the OUG))
The retention of the driving licence is also ordered in the case of the driver of a motor vehicle, an agricultural or forestry tractor or a tram, who was involved in a road traffic accident from which the death or injury of a person resulted, if a traffic rule was violated. In this case, if the violated traffic rule is one of those provided in art. 102 para. (3) letter a) or in art. 102 para. (4), a replacement proof is issued without the right to drive, and in the case of violating other traffic rules, a replacement proof is issued with the right to drive for a period of 15 days. (art. 111 para. (4) of the OUG)

WITHDRAWAL OF THE DRIVING LICENCE

The withdrawal of the driving licence is ordered by the traffic police if its holder has been declared medically unfit or psychologically unfit to drive motor vehicles, agricultural or forestry tractors or trams. (art. 97 para. (4) and art. 22 of the OUG)

The withdrawal of the driving licence is also ordered by the traffic police in case the person who drives on public roads a vehicle for which the law provides the obligation to hold a driving licence refuses or is unable to undergo testing in order to establish the consumption of psychoactive substances or the concentration of alcohol in the exhaled air. In this case, the withdrawal of the driving licence is ordered until the date of receipt of the result of the analysis of the biological samples, and a replacement proof is issued without the right to drive. (art. 38 para. (5) of the OUG)

SUSPENSION OF EXERCISING THE RIGHT TO DRIVE

Apart from the cases listed under offences and contraventions, the suspension of exercising the right to drive is also ordered in the following cases: (art. 103 para. (1) of the OUG)

  • for a period of 30 days, if the holder of the driving licence committed contraventions that total 15 penalty points;
  • ​​for a period of 60 days, if the holder of the driving licence again totals at least 15 penalty points in the following 12 months from the date of expiry of the last suspension of exercising the right to drive.
  • ​for a period of 180 days when the act of the driver of a motor vehicle or tram was investigated as an offence against the safety of traffic on public roads and the prosecutor or the court ordered the dismissal under the conditions of art. 16 para. (1) letter b) second sentence of the Criminal Procedure Code, waiver of criminal prosecution, waiver of applying the punishment or postponement of applying the punishment if the obligation provided in art. 85 para. (2) letter g) of the Criminal Code was not ordered; (Supporting and passing the examination for verifying the knowledge of the traffic rules is mandatory (i.e. the 13 out of 15 reinstatement test). If the examination is not taken or is not passed, the sanction is increased by another 30 days)
  • for the following periods:
    - 60 days if for the respective contravention a 30-day suspension is provided;
    - 90 days if for the respective contravention a 60-day suspension is provided;
    - 120 days if for the respective contravention a 90-day suspension is provided;
    - 150 days if for the respective contravention a 120-day suspension is provided.

in case of a road traffic accident from which the death or injury of a person resulted, produced as a result of the violation by the driver of a motor vehicle, an agricultural or forestry tractor or a tram of a traffic rule for which this emergency ordinance provides the suspension of exercising the right to drive, when the prosecutor or the court ordered the dismissal, waiver of criminal prosecution, waiver of applying the punishment, postponement of applying the punishment, acquittal or termination of the criminal proceedings. (Supporting and passing the examination for verifying the knowledge of the traffic rules is mandatory (i.e. the 13 out of 15 reinstatement test). If the examination is not taken or is not passed, the sanction is increased by another 30 days)

 
CANCELLATION OF THE DRIVING LICENCE
 
Apart from the cases listed under offences and contraventions, the cancellation of the driving licence issued by the Romanian authority is also ordered in the following cases (art. 114 para. (1) of the OUG):
  • the holder of the driving licence was convicted by a final court decision for an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules;
  • the holder of the driving licence was convicted, by a final court decision, for the offences provided in art. 334, art. 335 para. (2), art. 336, 336^1, 337, art. 338 para. (1) and art. 339 para. (2)-(4) of the Criminal Code;
  • the holder of the driving licence was applied, by a final court decision, the complementary punishment of prohibiting the right to drive certain categories of vehicles established by the court, provided in art. 66 para. (1) letter i) of the Criminal Code;
  • the driving licence was obtained during the period in which the holder was investigated or tried in criminal proceedings for committing an offence regarding the circulation of vehicles on public roads, or for committing an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules, when they were convicted by a final court decision;
  • the driving licence was obtained during the period in which the holder was investigated or tried in criminal proceedings for committing one of the offences provided in art. 334, art. 335 para. (1) and (2), art. 336, art. 337, art. 338 para. (1) and art. 339 para. (2)-(4) of the Criminal Code, or for committing an offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with the traffic rules, when they were convicted by a final court decision;
  • the driving licence is also cancelled in case its holder has died (art. 114 para. (2) of the OUG).

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