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Chapter 9 - part 4 - The obligations of drivers in case of an accident

Chapter 9 - part 4 - The obligations of drivers in case of an accident


Reference articles from the legislation in force

OUG = 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 75

The traffic accident is the event that cumulatively meets the following conditions:

a) it occurred on a road open to public traffic or originated in such a place;
b) it resulted in the death or injury of one or more persons or in the damage of at least one vehicle or other material damage;
c) at least one vehicle in motion was involved in the event;
d) repealed;

OUG - Article 77

(1) The driver of a vehicle involved in a traffic accident resulting in the death or injury of a person is obliged to take measures to immediately notify the police, not to modify or erase the traces of the accident and not to leave the scene. (Paragraph (1) was amended in the law and also updated on Școala Rutieră on 29-06-2024)

(2) Any person who is involved in or has knowledge of a traffic accident resulting in the death or injury of one or more persons, as well as in the situation where a vehicle transporting dangerous goods is involved in the event, is obliged to immediately notify the police and to call the national single emergency number 112, available in the telephone networks in Romania. (Paragraph (2) was amended in the law and also updated on Școala Rutieră on 29-06-2024)

(3) It is prohibited for any person to change the position of the vehicle involved in a traffic accident resulting in the death or injury of one or more persons, to modify the state of the place, or to erase the traces of the accident without the approval of the police investigating the accident. (Paragraph (3) was amended in the law and also updated on Școala Rutieră on 29-06-2024)

OUG - Article 78

(1) The driver of the motor vehicle, agricultural or forestry tractor or tram, the certified driving instructor who is in the process of practical training of a person for obtaining the driving license, as well as the examiner of the competent authority during the practical tests of the examination for obtaining the driving license or for any of its categories, involved in a traffic accident, are prohibited from consuming alcohol or psychoactive substances after the occurrence of the event and until the measurement of the alcohol concentration in the exhaled air or the collection of biological samples.

(2) In the situation where the provisions of paragraph (1) are not respected, the results of the test or of the analysis of the collected biological samples are considered to reflect the condition of the driver, the driving instructor or the respective examiner at the time of the occurrence of the accident resulting only in the damage of the vehicles and/or other material damage. (Paragraph (2) was amended in the law and updated on Școala Rutieră on 29-06-2024)

OUG - Article 79

(1) Drivers of vehicles involved in a traffic accident resulting only in the damage of vehicles and/or other material damage are obliged:

a) to immediately move the vehicles off the carriageway or, if the condition of the vehicles does not allow this, to move them as close as possible to the curb or shoulder, signalling their presence;
b) to present themselves at the competent police unit in whose area the accident occurred within no more than 24 hours from the occurrence of the event for the preparation of the records.

(2) Exempted from the obligations provided in paragraph (1) letter b)*):

a) the drivers of the vehicles who complete an amicable accident report, under the conditions of the law;
b) the driver of a vehicle who holds a facultative auto damage insurance, and the traffic accident resulted only in the damage of his own vehicle.

OUG - Article 80

(1) The owner, authorized holder or the driver whose motor vehicle and agricultural or forestry tractor, trailer or tram was damaged in circumstances other than in a traffic accident is obliged to present himself within 24 hours from the finding at the police unit in whose area the event occurred, for the preparation of the records.

(2) The persons provided in paragraph (1) are exempted from the obligation to present themselves at the police unit if there is a facultative insurance based on which they can be compensated for the damage of the respective vehicles.*)

OUG - Article 80^1

In the situations provided in Articles 79 and 80, the repair of vehicles is carried out based on the record document issued by the police unit or, as the case may be, by the insurance companies*).

 

Regulation - Article 186

In the case of traffic accidents resulting only in material damage, the drivers of the vehicles are obliged to undergo the testing of the exhaled air to determine the blood alcohol level or the consumption of psychoactive substances. If the test result shows a concentration greater than 0.40 mg/l pure alcohol in the exhaled air or indicates the presence of psychoactive substances in the body, the drivers of vehicles are obliged to submit to the collection of biological samples. (Article 186 was amended and updated on www.scoalarutiera.ro on 06-10-2021)

Regulation - Article 187

The drivers of vehicles or animals involved in traffic accidents resulting in the death or the bodily integrity or health injury of one or more persons are obliged to undergo the collection of biological samples to determine the blood alcohol level or, as the case may be, the consumption of psychoactive substances. (Article 187 was amended and updated on www.scoalarutiera.ro on 06-10-2021)

Regulation - Article 188

In all cases where biological samples are collected to determine the blood alcohol level or the presence in the organism of psychoactive substances, clinical examination is also mandatory. (Article 188 was amended and updated on www.scoalarutiera.ro on 06-10-2021)




If you cannot/do not want to watch the AUDIO-VIDEO version of the course, you can read the text version illustrated with images.

Text version Chapter 9 - part 4 - The obligations of drivers in case of an accident

Road Traffic Code - The obligations of drivers in case of an accident

The traffic accident is the event that cumulatively meets the following conditions (art. 75 of OUG):

  • it occurred on a road open to public traffic or originated in such a place;
  • it resulted in the death or injury of one or more persons or in the damage of at least one vehicle or other material damage;
  • at least one vehicle in motion was involved in the event.

Any person who is involved in or has knowledge of a traffic accident resulting in the death or injury of one or more persons, as well as in the situation where a vehicle transporting dangerous goods is involved in the event, is obliged to immediately notify the police and to call the national single emergency number 112, available in the telephone networks in Romania (art. 77 paragraph 2 of OUG).

OBLIGATIONS IN CASE OF ACCIDENT WITH MINOR DAMAGE

The drivers of vehicles involved in a traffic accident resulting only in the damage of vehicles and/or other material damage are obliged (art. 79 paragraphs 1 and 2 of OUG):

  • to immediately move the vehicles off the carriageway or, if the condition of the vehicles does not allow this, to move them as close as possible to the curb or shoulder, signalling their presence;
  • to present themselves at the competent police unit in whose area the accident occurred within no more than 24 hours from the occurrence of the event for the preparation of the records. Exempted from this obligation are the drivers of the vehicles who complete an amicable accident report or the driver of a vehicle who holds a facultative auto damage insurance, and the traffic accident resulted only in the damage of his own vehicle.

The owner, authorized holder or the driver whose motor vehicle and agricultural or forestry tractor, trailer or tram was damaged in circumstances other than in a traffic accident is obliged to present himself within 24 hours from the finding at the police unit in whose area the event occurred, for the preparation of the records. They are exempted from the obligation to present themselves at the police unit if there is a facultative insurance (CASCO type) based on which they can be compensated for the damage of the respective vehicles (art. 80 paragraphs 1 and 2 of OUG).

The repair of vehicles is carried out based on the record document issued by the police unit or, as the case may be, by the insurance companies (art. 80*1 of OUG).

In the case of traffic accidents resulting only in material damage, the drivers of the vehicles are obliged to undergo the testing of the exhaled air to determine the blood alcohol level or the consumption of psychoactive substances. If the test result shows a concentration greater than 0.40 mg/l pure alcohol in the exhaled air or indicates the presence of psychoactive substances in the body, the drivers of vehicles are obliged to submit to the collection of biological samples (art. 186 of the Regulation).

OBLIGATIONS IN CASE OF ACCIDENT WITH VICTIMS 

The driver of a vehicle involved in a traffic accident resulting in the death or injury of a person is obliged to take measures to immediately notify the police, not to modify or erase the traces of the accident and not to leave the scene (art. 77 paragraph 1 of OUG).

It is prohibited for any person to change the position of the vehicle involved in a traffic accident resulting in the death or injury of one or more persons, to modify the state of the place, or to erase the traces of the accident without the approval of the police investigating the accident (art. 77 paragraph 3 of OUG).

The driver of the motor vehicle, agricultural or forestry tractor or tram, the certified driving instructor who is in the process of practical training of a person for obtaining the driving license, as well as the examiner of the competent authority during the practical tests of the examination for obtaining the driving license or for any of its categories, involved in a traffic accident, are prohibited from consuming alcohol or psychoactive substances after the occurrence of the event and until the measurement of the alcohol concentration in the exhaled air or the collection of biological samples. In the situation where these provisions are not respected, the results of the test or of the analysis of the collected biological samples are considered to reflect the condition of the driver, the driving instructor or the respective examiner at the time of the occurrence of the accident resulting only in the damage of the vehicles and/or other material damage (art. 78 paragraphs 1 and 2 of OUG).

The drivers of vehicles or animals involved in traffic accidents resulting in the death or the bodily integrity or health injury of one or more persons are obliged to undergo the collection of biological samples to determine the blood alcohol level or, as the case may be, the consumption of psychoactive substances (art. 187 of the Regulation).

In all cases where biological samples are collected to determine the blood alcohol level or the presence in the organism of psychoactive substances, clinical examination is also mandatory (art. 188 of the Regulation).

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