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

GENERAL Learning Environment Category A (A, A1, A2, AM)
Question 27 of 418

In which of the situations is the registration or record certificate retained?

A when the periodic technical inspection has expired;
B if the noise while driving or stationary exceeds the legally permitted limit;
C when the engine emits polluting emissions above the legally permitted limits.
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Explanation

The registration or record certificate or the replacement proof of it is retained by the traffic police officer in the following cases:

  • when the registered vehicle (for example a moped) does not have a valid periodic technical inspection performed or it is cancelled, and in the case of registered vehicles (for example a car) when their registration is legally suspended because their periodic technical inspection is expired;
  • when, while driving or stationary, the vehicle causes noise pollution above the legally permitted limit;
  • when, while driving or stationary, the vehicle emits emissions above the legally permitted limit.

The correct answer is: A, B and C


Recommendations:
Retention of the registration certificate and application of other sanctions and technical‑administrative measures - Audio‑Video Lesson --> Other contraventional sanctions and technical‑administrative measures
Category I contraventions - Audio‑Video Lesson --> Introduction to contraventional sanctions; Category I contraventions; Application of 2 penalty points
Category II contraventions - Audio‑Video Lesson --> Category II contraventions; Licence suspension 30 days; Application of 3 penalty points
Category III contraventions - Audio‑Video Lesson --> Category III contraventions; Licence suspension 60 days; Application of 4 penalty points
Category IV contraventions - Audio‑Video Lesson --> Category IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points

Reference articles

For answer A

OUG* - Article 10

(1) Traffic on public roads of vehicles that do not comply technically, of those whose validity period of the periodic technical inspection has expired, as well as of those uninsured for civil liability for damages caused to third parties by traffic accidents,
[...]

OUG* - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in the fourth class of sanctions the following acts committed by natural persons:
1. driving on public roads of a vehicle that presents dangerous deficiencies or of a registered vehicle whose validity period of the periodic technical inspection has expired;
[...]
39. driving a vehicle whose registration is suspended.
[...]

OUG* - Article 11

[...]
(4^5) The legal suspension of the vehicle registration also occurs on the date of expiry or, as the case may be, cancellation of the periodic technical inspection and ends on the date on which the vehicle passes a new periodic technical inspection.
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of it is retained by the traffic police in the following cases:
[...]
a) the registered vehicle does not have a valid periodic technical inspection performed or it is cancelled;
[...]
y) the registration of the vehicle is suspended, under the conditions of the law.
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s), upon retaining the registration or record certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without the right to drive, and in the cases provided in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with the right to drive for 15 days.
[...]


For answer B

Regulation* - Article 148

Is prohibited the traffic police officer for a motor vehicle, agricultural or forestry tractor or tram driver:
[...]
16. to drive a vehicle that emits emissions above the legally permitted limit or whose noise while driving or stationary exceeds the noise threshold provided by law or that has installed on the exhaust system unapproved devices;
[...]

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the second class of sanctions the following acts committed by natural persons:
[...]
7. driving a motor vehicle and agricultural or forestry tractor that, while driving or stationary, causes noise pollution or emits emissions above the legally permitted limit;
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of it is retained by the traffic police in the following cases:
[...]
i) the noise while driving or stationary exceeds the legally permitted limit for that type of vehicle;
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s), upon retaining the registration or record certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without the right to drive, and in the cases provided in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with the right to drive for 15 days.
[...]


For answer C

Regulation* - Article 148

Is prohibited the traffic police officer for a motor vehicle, agricultural or forestry tractor or tram driver:
[...]
16. to drive a vehicle that emits emissions above the legally permitted limit or whose noise while driving or stationary exceeds the noise threshold provided by law or that has installed on the exhaust system unapproved devices;
[...]

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the second class of sanctions the following acts committed by natural persons:
[...]
7. driving a motor vehicle and agricultural or forestry tractor that, while driving or stationary, causes noise pollution or emits emissions above the legally permitted limit;
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of it is retained by the traffic police in the following cases:
[...]
j) the engine emits polluting emissions above the legally permitted limits;
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s), upon retaining the registration or record certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without the right to drive, and in the cases provided in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with the right to drive for 15 days.
[...]


* OUG = GOVERNMENT 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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