Step 3 » GENERAL learning environment Category B (B, B1)

GENERAL Learning Environment Category B (B, B1)
Question 154 of 1208

The traffic police officer may order the immobilization of a vehicle when:

A the vehicle does not have the periodic technical inspection performed;
B the tyres have other dimensions than those specified in the vehicle's identity card;
C the driver refuses to identify himself.
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Explanation

For answers  A  and  B 

The vehicle is not immobilized if it does not have the periodic technical inspection (PTI) performed or if the tyres have other dimensions than those for which they were approved. For these contraventions the registration certificate or the registration proof (the vehicle registration document) or the replacement proof of it is retained and a contravention fine is applied, according to the articles of the road legislation updated to date, which are found on this page, slightly below.


For answer  C 

The immobilization of a vehicle is ordered by the traffic police officer when its driver refuses to identify himself. For this contravention, in addition to the immobilization of the vehicle, a contravention fine and penalty points are applied, according to the articles of the road legislation updated to date, which are found on this page, slightly below.


The correct answer is: C


Recommendations:
Other sanctions and technical‑administrative measures - Audio‑Video Lesson --> Other contravention sanctions and technical‑administrative measures
Class I contraventions - Audio‑Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Class II contraventions - Audio‑Video Lesson --> Class II contraventions; Licence suspension 30 days; Application of 3 penalty points
Class III contraventions - Audio‑Video Lesson --> Class III contraventions; Licence suspension 60 days; Application of 4 penalty points
Class IV contraventions - Audio‑Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points

Reference articles

For answers  A  and  B 

OUG* - Article 102

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

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 that has tyres with other dimensions or characteristics than those for which they were approved or are worn beyond the allowed limit;
[...]

OUG* - Article 11

[...]
(4^5) The suspension by law of the registration of the vehicle also occurs on the date of expiration 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 certificate or the registration proof or its replacement proof 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;
[...]
h) the tyres have other dimensions or characteristics than those specified in the vehicle's identity card, have cuts or cord breaks or are worn beyond the legally allowed limit;
[...]
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), when retaining the registration certificate or the registration proof, the traffic police officer issues 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 

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists in removing it outside the carriageway, on the shoulder or as close as possible to the edge of the road, and making it impossible to move by using technical devices or other blocking means.
(8) The immobilization of a vehicle is ordered by the traffic police officer as a result of the driver committing one of the acts provided in art. 117 paragraph (1).
[...]

OUG* - Article 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of the driver committing one of the following acts:
The immobilization of a vehicle is ordered by the traffic police officer as a result of the driver committing one of the acts provided in art. 117 paragraph (1)
[...]
e) refuses to identify himself;
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in class III 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 4 penalty points are applied, according to art. 108 paragraph (1) letter c).
[...]

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, in addition to the fine, the application of a number of penalty points, as follows:
[...]
c) 4 penalty points for the committing of the following acts:
[...]
2. the refusal to hand over the identity document, driving licence, registration certificate or registration proof, or the other documents provided by law, at the request of the traffic police officer, as well as the refusal to allow the verification of the vehicle;
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)

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