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GENERAL Learning Environment Category B (B, B1)
Question 680 of 1208

Can you change the position of the vehicle if it was involved in an accident from which resulted the death or the injury of the bodily integrity or the health of some persons?

A yes, with the approval of the police, which investigates the accident;
B yes, if the injured person can move alone;
C no, until the ambulance arrives.
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Explanation

The driver of a vehicle involved in a traffic accident as a result of which resulted the death or the injury of the bodily integrity or the health of a person is prohibited to leave the scene of the act and to modify or to erase the traces of the accident. He can change the position of the vehicle involved in the accident if he has the approval of the police, which investigates the accident.

If he does not respect this prohibition and changes the position of the vehicle involved in the traffic accident from which resulted the killing or the injury of the bodily integrity or the health of one or more persons, it is considered an offence and is punished with imprisonment from 2 to 7 years.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences regarding leaving the scene of the accident or modifying the 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 as a result of which resulted the death or the injury of a person is obliged to take measures to immediately notify the police, to not modify or to not erase the traces of the accident and to not leave the scene of the act.
[...]
(3) It is prohibited to any person to change the position of the vehicle involved in a traffic accident as a result of which resulted the death or the injury of one or more persons, to modify the state of the place or to erase the traces of the accident without the approval of the police which investigates the accident.

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, 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 carrying out of 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.
(2) With the same punishment is sanctioned also the act of any person to modify the state of the place or to erase the traces of the traffic accident from which resulted the killing or the injury of the bodily integrity or the health of one or more persons, without the consent of the research team at the scene.
[...]
(3) It is not an offence leaving the scene of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest medical unit able to provide the necessary medical assistance and at which he declared the personal identification data and the registration number of the driven vehicle, recorded in a special register, if he returns immediately to the scene of the accident;
[...]


* 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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