Step 3 » GENERAL learning environment Category A (A, A1, A2, AM)

GENERAL Learning Environment Category A (A, A1, A2, AM)
Question 82 of 418

In what situation is the driving license retained?

A in the case of violating the obligations regarding the meaning of the red lights at the level crossing with the railway provided with barriers;
B in the case of repairing the motorcycle without the authorization of the police;
C when the motorcycle is not equipped with rear-view mirrors.
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Explanation

For answer  A 

Failure to stop at the level crossing with the railway when the barriers or semibarriers are lowered or in the process of lowering or when the signals with red lights and/or sound signals are in operation is sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days. For this act the measure of retaining the driving license is applied for the purpose of suspending the exercise of the right to drive.


For answer  B 

Repairing the motorcycle having traces of an accident is prohibited and is punished criminally. However answer B does not say that the motorcycle has traces of an accident. Which means that it refers to repairing the motorcycle which may have any type of malfunction, and for this the authorization of the police is not necessary.

You must remember that it is considered an offence and is punished with imprisonment from 3 months to 2 years or with a fine and with the cancellation of the driving license, repairing the motor vehicles, trailers, trams or mopeds having traces of an accident, without the authorization issued by the police. The motor vehicle having traces of an accident can be repaired without the authorization issued by the police, based on the attestation of the validity of the amicable accident report.


For answer  C 

The driving license is not retained when the motorcycle is not equipped with rear-view mirrors.


The correct answer is: A

Find here video lesson with Various offences --> Road Traffic Code - Various offences
Find here video lesson leaving the scene of the accident or modifying or deleting its traces --> Offences - Leaving the scene of the accident
Find here video lesson with Retaining the registration certificate or registration --> Road Traffic Code - Retaining the registration certificate or registration
Find here video lesson with other sanctions (penalty points, the prohibition to drive on the territory of Romania and retaining / withdrawing / suspending / cancelling the driving license) --> Road Traffic Code - Other sanctions

Reference articles

For answer  A 

OUG - Article 111

(1) The driving license or the replacement proof of it is retained in the following cases:
c) at the committing of one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);

OUG - Article 102

(4) Constitutes contravention and is sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days the committing by the driver of motor vehicle or agricultural or forestry tractor of the following acts:
b) failure to stop at the level crossing with the railway when the barriers or semibarriers are lowered or in the process of lowering or when the signals with red lights and/or sound signals are in operation;


For answer  B 

Criminal Code - Article 340

Failure to comply with the duties regarding technical inspection or carrying out repairs

4) Repairing the motor vehicles, trailers, trams or mopeds having traces of an accident, without fulfilling the conditions provided by law, is punished with imprisonment from 3 months to 2 years or with a fine.

OUG - Article 114

(1) The cancellation of the driving license issued by the Romanian authority is ordered in the following cases:
b) the holder of the driving license has been convicted, by a final court decision, for the offences provided in art. 334 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 337, art. 338 paragraph (1), art. 339 paragraphs (2), (3) and (4) of the Criminal Code;


For answer  C 

The road legislation does not provide anything in this regard.

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