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GENERAL Learning Environment Category B (B, B1)
Question 718 of 1208

Can you change the position of the vehicle if you are involved in a traffic accident?

A yes, after you have given first aid to the victims;
B yes, after you have notified the police;
C yes, if the accident resulted only in damage.
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Explanation

For answer A

In the case in which you were involved in a traffic accident in which resulted the death or injury of the bodily integrity or health of a person you are obliged to immediately notify the police and to call the national single emergency number 112, to not modify or delete the traces of the accident and to not leave the scene of the act. Therefore, in the case of answer A, even if you give or not first aid to the victims, the position of the vehicle cannot be changed.


For answer B

After notifying the police, it is NOT possible to change the position of the vehicle in all situations. If following the accident resulted the death or injury of the bodily integrity or health of a person it is NOT possible to change the position of the vehicle, even if you notified the police, in this situation you are obliged to immediately notify the police and to call the national single emergency number 112, to not modify or delete the traces of the accident and to not leave the scene of the act.

Instead, if the accident resulted only in damage to the vehicles and/or other material damage (without casualties), the position of the vehicle can be changed, and notifying the police will be done at the competent police unit in the area where the accident occurred within at most 24 hours from the occurrence of the event.


For answer C

The driver of the vehicle involved in a traffic accident in which resulted only damage to the vehicles and/or other material damage (without casualties), is obliged to immediately move the vehicle outside the carriageway or, if the condition of the vehicle does not allow this, to move it as close as possible to the curb or shoulder, signalling its presence and to present themselves at the competent police unit in the area where the accident occurred within at most 24 hours from the occurrence of the event for the preparation of the finding documents.

To this obligation to present yourself at the competent police unit in the area where the accident occurred within at most 24 hours from the occurrence of the event there are also exceptions:

  • the drivers of vehicles who conclude an amicable accident report, under the law;
  • the driver of a vehicle who holds an optional auto damage insurance, and the traffic accident resulted only in damage to their own vehicle.

We recommend that you also consult the articles from the updated road legislation found a little further below.


The correct answer is: C


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 in which resulted the death or injury of a person is obliged to take measures to immediately notify the police, to not modify or delete 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 in which resulted the death or injury of one or more persons, to modify the state of the place or to delete the traces of the accident without the approval of the police investigating the accident.

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the approval of the police or the prosecutor who conducts 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 examination 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 delete the traces of the traffic accident which resulted in the killing or injury of the bodily integrity or health of one or more persons, without the consent of the on-site investigation team.
[...]
(3) It is not an offence to leave the scene of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports themselves the injured persons to the nearest health unit able to provide the necessary medical assistance and at which they have declared their personal identification data and the registration number of the vehicle driven, recorded in a special register, if they return 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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