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

GENERAL Learning Environment Category B (B, B1)
Question 716 of 1208

The immobilization of a vehicle by the traffic police officer is ordered:

A for the lack of reflective triangles;
B for the lack of the first-aid medical kit;
C for the refusal of identification.
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Explanation

For answers A and B

For driving a motor vehicle, agricultural or forestry tractor or tram which is not equipped with an approved medical kit, two reflective triangles and a fire extinguisher, the fine provided in the class II sanctions is applied. The immobilization of the vehicle is not ordered.

In the case of motor vehicles in categories AM, A1, A2 and A, these are exempted from the obligation to be equipped with a first-aid medical kit, two reflective triangles and an approved fire extinguisher, and in the absence of these they are not subject to any sanction.


For answer C

The driver of the motor vehicle, agricultural or forestry tractor or tram is obliged to identify himself at the request of the traffic police officer. If he refuses to identify himself, the vehicle will be immobilized and he will be sanctioned with the fine provided in the class III sanctions and with the application of a number of 4 penalty points, and the traffic police officer must take him to the nearest police unit to establish his identity and to check in the records the status of the driving licence, when there is no possibility to carry out these checks on the spot.


The correct answer is: C


Recommendations:
Immobilization of the vehicle by the traffic police officer and application of 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 8

To be driven on public roads, motor vehicles, except those in categories AM, A1, A2 and A, agricultural or forestry tractors and trams must be equipped with an approved first-aid medical kit, two reflective triangles and a fire extinguisher. (Article 8 has been amended in the law and also updated on Școala Rutieră on 13-04-2024)

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the class II sanctions the following acts committed by natural persons:
[...]
13. driving a motor vehicle, agricultural or forestry tractor or tram that is not equipped with an approved medical kit, two reflective triangles and fire extinguisher.
[...]


For answer C

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists of removing it off the carriageway, on the shoulder or as close as possible to the edge of the road, and putting it in impossibility of movement 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 commission by its driver of one of the acts provided in art. 117 paragraph (1).
[...]

Regulation** - Article 147

The driver of the motor vehicle, agricultural or forestry tractor or tram is obliged:
1. to have with him the identity document, the driving licence, the registration or record certificate and, as the case may be, the professional certificate, as well as the other documents provided by the legislation in force;
[...]

OUG* - Article 35

[...]
(2) Traffic participants are obliged, at the request of the traffic police officer, to hand him the identity document or, as the case may be, the driving licence, the registration or record document of the driven vehicle, the documents regarding the transported goods, as well as other documents provided by law.
[...]

OUG* - Article 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of the commission by its driver of one of the following acts:
The immobilization of a vehicle is ordered by the traffic police officer as a result of the commission by its driver of 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 the class III sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) is also applied to the driver of the 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 commission by the driver of the motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, in addition to the fine sanction, the application of a number of penalty points, as follows:
[...]
c) 4 penalty points for the commission of the following acts:
[...]
2. refusal to hand over the identity document, the driving licence, the registration or record certificate, the other documents provided by law, at the request of the traffic police officer, as well as refusal to allow the verification of the vehicle;
[...]

Regulation** - Article 184

(1) In the situation where the driver of the motor vehicle, agricultural or forestry tractor or tram, stopped in traffic for violating a traffic rule, does not have with him any identity document nor the driving licence, the traffic police officer must take him to the nearest police unit to establish his identity and to check in the records the status of the driving licence, when there is no possibility to carry out these checks on the spot.
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)

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