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

GENERAL Learning Environment Category A (A, A1, A2, AM)
Question 324 of 419

The immobilization of a motorcycle by the traffic police officer is ordered:

A for the lack of reflective triangles;
B for the lack of the first‑aid medical kit;
C for the refusal of identification.

Explanation

For answers  A  and  B 

For driving a motor vehicle, agricultural or forestry tractor or tram which is not equipped with a medical kit, two reflective triangles and a fire extinguisher, approved, the fine provided in the class II of sanctions is applied. The immobilization of the vehicle is not ordered.

In the case of motor vehicles in categories AM, A1, A2 and A, these are exempted from the obligation to be equipped with a first‑aid medical kit, two reflective triangles and an approved fire extinguisher, and in their absence they are not subject to any sanction.


For answer  C 

The driver of a motor vehicle, agricultural or forestry tractor or tram is obliged, at the request of the traffic police officer, to identify himself. If he refuses to identify himself, the vehicle will be immobilized and he will be sanctioned with the fine provided in the class III of sanctions and with the application of 4 penalty points, and the traffic police officer must take him to the nearest police unit to establish his identity and to check in the records the situation of the driving licence, when there is no possibility of performing these checks on the spot.


The correct answer is: C


Recommendations:
The immobilization of the vehicle by the traffic police officer and the application of other sanctions and technical‑administrative measures - Audio‑Video Lesson --> Other contraventional sanctions and technical‑administrative measures
Class I contraventions - Audio‑Video Lesson --> Introduction to contraventional sanctions; Class I contraventions; Application of 2 penalty points
Class II contraventions - Audio‑Video Lesson --> Class II contraventions; Licence suspension 30 days; Application of 3 penalty points
Class III contraventions - Audio‑Video Lesson --> Class III contraventions; Licence suspension 60 days; Application of 4 penalty points
Class IV contraventions - Audio‑Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points

Reference articles

For answers  A  and  B 

OUG* - Article 8

To be driven on public roads, motor vehicles, except those in categories AM, A1, A2 and A, agricultural or forestry tractors and trams must be equipped with a first‑aid medical kit, two reflective triangles and an approved fire extinguisher. (Article 8 was amended in the law and also updated on Școala Rutieră on 13‑04‑2024)

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the class II of sanctions the following acts committed by natural persons:
[...]
13. driving a motor vehicle, agricultural or forestry tractor or tram which is not equipped with a medical kit, two reflective triangles and approved fire extinguisher.
[...]


For answer  C 

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists of taking it off the carriageway, onto the shoulder or as close as possible to the edge of the road, and putting it in impossibility of movement by using technical devices or other blocking means.
(8) The immobilization of a vehicle is ordered by the traffic police officer, as a result of the committing by its driver of one of the acts provided in art. 117 paragraph (1).
[...]

Regulation** - Article 147

The driver of a motor vehicle, agricultural or forestry tractor or tram is obliged:
1. to have with him the identity document, the driving licence, the registration or record certificate and, as appropriate, the professional certificate, as well as the other documents provided by the legislation in force;
[...]

OUG* - Article 35

[...]
(2) Traffic participants are obliged, at the request of the traffic police officer, to hand him the identity document or, as appropriate, the driving licence, the registration or record document of the driven vehicle, the documents referring to the transported goods, as well as other documents provided by the law.
[...]

OUG* - Article 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of the committing by its driver of one of the following acts:
The immobilization of a vehicle is ordered by the traffic police officer, as a result of the committing by its driver of one of the acts provided in art. 117 paragraph (1)
[...]
e) refuses to identify himself;
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) is also applied to the driver of a motor vehicle, agricultural or forestry tractor or tram who commits an act for which 4 penalty points are applied, according to art. 108 paragraph (1) letter c).
[...]

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, besides the sanction of the fine, also the application of a number of penalty points, as follows:
[...]
c) 4 penalty points for the committing of the following acts:
[...]
2. the refusal to hand over the identity document, driving licence, registration or record certificate, other documents provided by the law, at the request of the traffic police officer, as well as the refusal to allow the vehicle to be checked;
[...]

Regulation** - Article 184

(1) In the situation where the driver of a motor vehicle, agricultural or forestry tractor or tram, stopped in traffic for breaching a traffic rule, does not have with him any identity document and neither the driving licence, the traffic police officer must take him to the nearest police unit to establish his identity and to check in the records the situation of the driving licence, when there is no possibility of performing these checks on the spot.
[...]


* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)

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