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

For answer  A 

The criminal fine is applied in the case of offences. In this question it is about contravention sanctions.

For answer  B 

Contraventions are sanctioned with warning or with fine as a MAIN sanction and, as applicable, with one of the complementary contravention sanctions, among which are the application of penalty points and the suspension of exercising the right to drive.

The complementary contravention sanctions are the following:

• the application of penalty points;
• the suspension of exercising the right to drive, for a limited time;
• the confiscation of the goods intended for committing the contraventions provided in this emergency ordinance or used for this purpose;
• the ex officio deletion of the registration or recording of the vehicle, in the cases provided in art. 17 paragraph (4).

The traffic legislation establishes, starting with the year 2024, that for the contraventions for which both fine and suspension of exercising the right to drive apply, provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4), the warning shall not be applied instead of the contravention fine. Thus, for these contraventions the contravention fine provided by the legal articles that sanction the respective acts will be applied mandatorily.

For answer  C 

The application of penalty points and the suspension of exercising the right to drive are NOT MAIN contravention sanctions. These are complementary contravention sanctions.

The correct answer is: B

Recommendations:

The difference between offences and contraventions - Audio-Video Lesson --> Offences regarding the circulation on public roads; The difference between offences and contraventions

Introduction to contravention sanctions - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points

OUG* - Article 95

(1) The violation of the provisions of this emergency ordinance, other than those that meet the constitutive elements of an offence, constitutes contravention and is sanctioned with warning or with the fine as main sanction and, as applicable, with one of the complementary contravention sanctions provided in art. 96 paragraph (2).
(1^1) By derogation from the provisions of art. 7 paragraph (3) of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with subsequent amendments and completions, for the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and art. 105 the sanction of warning is not applied.
(2) The warning consists of the verbal or written notice of the contravener, accompanied by the recommendation to respect the legal provisions.
[...]

OUG* - Article 96

(1) The complementary contravention sanctions have the purpose of eliminating a state of danger and preventing the committing of other acts prohibited by law and are applied through the same report by which the main sanction of the fine or the warning is applied.
(2) The complementary contravention sanctions are the following:
a) the application of penalty points;
b) the suspension of exercising the right to drive, for a limited time;
c) the confiscation of the goods intended for committing the contraventions provided in this emergency ordinance or used for this purpose;
d) repealed;
e) the ex officio deletion of the registration or recording of the vehicle, in the cases provided in art. 17 paragraph (4);
f) repealed;
[...]

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