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

GENERAL Learning Environment Category A (A, A1, A2, AM)
Question 392 of 419

You have injured a pedestrian who was crossing the street irregularly. What legal obligations do you have?

A you immediately notify the police, you do not modify or erase the traces of the accident and you remain on the spot;
B you urgently present yourself at the nearest police unit;
C because the fault does not belong to you, you may continue your way if the accident is not serious.
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Explanation

If you have injured a pedestrian who crossed the street, regardless of whether the pedestrian was crossing legally or not, you have the obligation to notify the police, to not modify the traces of the accident and to not leave the scene of the act. In this case you are prohibited from leaving the scene of the act without the approval of the police or of the prosecutor who carries out the investigation. Failure to respect the prohibition to leave the scene of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

However, it does NOT constitute an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports the injured person himself to the nearest hospital, having the obligation to declare the personal identification data and the registration or enrolment number of the driven vehicle, data which will be recorded in a special register, and to return immediately to the place of the accident.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences related to leaving the accident scene or modifying its traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

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, to not modify or erase the traces of the accident and to not leave the scene of the act.
[...]

Penal Code*** - Article 338

(1) Leaving the accident scene, without the approval of the police or of the prosecutor who carries out the investigation of the scene of the act, by the driver of the vehicle or by the driving instructor, during the training process, or by the examiner of the competent authority, during the practical tests of the exam for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
[...]
(3) It does not constitute an offence to leave the accident scene when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports the injured persons himself to the nearest medical unit able to provide the necessary medical assistance and where he declared the personal identification data and the registration or enrolment number of the driven vehicle, recorded in a special register, if he returns immediately to the place of the accident;
[...]


* OUG = EMERGENCY ORDINANCE no. 195 of 12 December 2002 updated (Road Traffic Code)
*** Penal Code = PENAL CODE of 17 July 2009 updated (LAW no. 286/2009)

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