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The immobilization of a motor vehicle, tram, agricultural or forestry tractor is ordered by the traffic police officer for driving it having a false registration or record number. In addition to immobilizing the vehicle, this act is punished criminally, with imprisonment from one to 5 years or with a fine, the measure of retaining the driving license will be applied with a view to its cancellation, a temporary replacement proof of it being issued without the right to drive.
If the technical condition of the tires is improper it will be sanctioned with the contravention fine provided in class II of sanctions and with the retention of the registration or record certificate, a temporary replacement proof of it being issued with the right to drive for 15 days. For this contravention the immobilization of the vehicle is NOT ordered.
In the case in which the driver refuses to wear the seatbelt and is detected by the traffic police officer, he will be sanctioned with the fine provided in class I of sanctions and with the application of 2 penalty points. For this contravention the immobilization of the vehicle is NOT ordered.
The correct answer is: A
OUG** - Article 117
(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts:
a) driving an unregistered or unrecorded vehicle or with a false registration or record number or without having the plates with the registration or record number mounted;
[...]
Criminal Code*** - Article 334
Putting into circulation or driving an unregistered vehicle
[...]
(2) Putting into circulation or driving on public roads a motor vehicle, tram, agricultural or forestry tractor with a false registration or record number is punished with imprisonment from one to 5 years or with a fine.
(3) Towing an unregistered or unrecorded trailer or with a false registration or record number is punished with imprisonment from 3 months to 2 years or with a fine.
[...]
OUG* - Article 111
(1) The driving license or its temporary replacement proof is retained in the following cases:
[...]
b) when its holder has committed one of the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
(3) In the situations provided in paragraph (1) letter a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions, the temporary replacement proof of the driving license is issued without the right to drive.
[...]
(5) In the situations provided in paragraph (1) letter e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraph (1) and (3) of the Criminal Code, the temporary replacement proof of the driving license is issued with the right to drive for a period of 15 days.
[...]
OUG* - Article 114
(1) The cancellation of the driving license issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving license has been convicted, by a final court decision, for the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
OUG* - Article 100
(1) Constitute contraventions and are sanctioned with the fine provided in class II of sanctions the following acts committed by natural persons:
[...]
6. driving a motor vehicle and agricultural or forestry tractor which has mounted tires with other dimensions or characteristics than those for which they were approved or are worn beyond the allowed limit;
[...]
OUG* - Article 112
(1) The registration or record certificate or its temporary replacement proof is retained by the traffic police in the following cases:
[...]
h) the tires have other dimensions or characteristics than those provided in the vehicle identification document, present cuts or breaks of the cord or are worn beyond the legally allowed limit;
[...]
(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 or record certificate, the traffic police officer issues the driver of the vehicle a temporary 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 temporary replacement proof with the right to drive for 15 days.
[...]
OUG* - Article 99
(1) Constitute contraventions and are sanctioned with the fine provided in class I of sanctions the following acts committed by natural persons:
(2) The contravention fine provided in paragraph (1) is also applied to the driver of a motor vehicle, agricultural or forestry tractor or tram who commits an act for which 2 penalty points are applied, according to art. 108 paragraph (1) letter a).
OUG* - Article 108
(1) Committing by the driver of a motor vehicle, agricultural or forestry tractor or tram one or more contraventions attracts, in addition to the fine sanction, the application of a number of penalty points, as follows:
a) 2 penalty points for committing the following acts:
[...]
3. failure to comply with the obligation to wear, during circulation on public roads, the seatbelt or the approved protective helmets, as the case may be;
[...]
* OUG = 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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