Evasion from the obligation to subject the vehicle to the periodical technical inspection, either intentional or by omission, is NOT considered an offence. For this act, if you are detected in traffic, your registration certificate or registration document will be retained and you will be issued a proof of it with the right of circulation for 15 days, during which you can perform the periodical technical inspection (ITP), after which you can take steps to recover your retained certificate.
It is allowed to leave the place of the accident from which resulted only the damaging of the vehicles and/or other material damages (accident without victims). Is prohibited the leaving of the place of the accident if following it resulted the death or the injury of the bodily integrity or the health of a person, an act which is considered an offence and which is punished criminally.
It is considered an offence and is punished with imprisonment from 3 months to 2 years or with a fine, the repairing of motor vehicles, trailers, trams or mopeds having traces of accident, without the authorization issued by the police or, as the case may be, issued by the companies in the field of insurance, in the case in which it was opted for drawing up an amicable finding of accident.
The correct answer is: C
OUG* - Article 10
(1) It is prohibited the circulation on public roads of vehicles which do not correspond from a technical point of view, of those whose validity term of the periodical technical inspection has expired, as well as of those uninsured for civil liability for the case of damages caused to third parties through traffic accidents.
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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 which presents dangerous deficiencies or of a registered vehicle whose validity term of the periodical technical inspection has expired;
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39. driving a vehicle whose registration is suspended.
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OUG* - Article 11
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(4^5) The suspension by right of the registration of the vehicle also occurs at the date of the expiry or, as the case may be, of the annulment of the periodical technical inspection and ceases at the date at which the vehicle passes a new periodical technical inspection.
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OUG* - Article 112
(1) The registration certificate or registration document or its replacement proof is retained by the traffic police in the following cases:
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a) the registered vehicle does not have a valid periodical technical inspection performed or this is annulled;
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y) the registration of the vehicle is suspended, under the conditions of the law.
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(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration certificate or registration document, the traffic police officer issues to the driver of the vehicle a replacement proof without right of circulation, 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 right of circulation for 15 days.
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OUG* - Article 79
(1) The drivers of vehicles involved in a traffic accident following which resulted only the damaging of the vehicles and/or other material damages are obliged:
a) to remove immediately the vehicles outside the carriageway or, if the condition of the vehicles does not allow this, to move them as close as possible to the curb or shoulder, signalling their presence;
b) to present themselves at the police unit competent in the area where the accident occurred within no more than 24 hours from the occurrence of the event for drawing up the finding documents.
(2) Are excepted from the obligations provided in paragraph (1) letter b)*):
a) the drivers of the vehicles who conclude an amicable finding of accident, under the conditions of the law;
b) the driver of a vehicle who holds a facultative insurance of vehicle damages, and the traffic accident resulted only in the damaging of his own vehicle.
OUG* - Article 100
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(3) Constitutes contravention and is sanctioned with the fine provided in the second class of sanctions and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
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g) failure to present at the police unit competent in the area where a traffic accident occurred from which resulted only material damages, except for the cases provided in art. 79 paragraph (2).
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Criminal Code*** - Article 338
Leaving the place of the accident or modifying or deleting its traces
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(3) Is not considered an offence the leaving of the place of the accident when:
a) following the accident only material damages were produced;
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OUG* - Article 79
(1) The drivers of vehicles involved in a traffic accident following which resulted only the damaging of the vehicles and/or other material damages are obliged:
a) to remove immediately the vehicles outside the carriageway or, if the condition of the vehicles does not allow this, to move them as close as possible to the curb or shoulder, signalling their presence;
b) to present themselves at the police unit competent in the area where the accident occurred within no more than 24 hours from the occurrence of the event for drawing up the finding documents.
(2) Are excepted from the obligations provided in paragraph (1) letter b)*):
a) the drivers of the vehicles who conclude an amicable finding of accident, under the conditions of the law;
b) the driver of a vehicle who holds a facultative insurance of vehicle damages, and the traffic accident resulted only in the damaging of his own vehicle.
OUG* - Article 80
(1) The owner, mandated holder or driver of the vehicle whose car and agricultural or forestry tractor, trailer or tram was damaged in other circumstances than in a traffic accident is obliged to present himself within 24 hours from the finding at the police unit in the area where the event occurred, for drawing up the finding documents.
(2) The persons provided in paragraph (1) are excepted from the obligation of presenting at the police unit if there is a facultative insurance on the basis of which they can be compensated for the damaging of the respective vehicles.*)
OUG* - Article 80^1
In the situations provided in art. 79 and 80, the repairing of the vehicles is done on the basis of the finding document issued by the police unit or, as the case may be, by the companies in the field of insurance*).
Criminal Code*** - Article 340
Failure to comply with the duties regarding the technical inspection or carrying out repairs
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4) The repairing of motor vehicles, trailers, trams or mopeds having traces of accident, without the fulfilment of the conditions provided by the law, is punished with imprisonment from 3 months to 2 years or with a fine.
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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