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

For answer  A 

The driving license retained by the traffic police for the purpose of suspending the exercise of the right to drive CANNOT be returned at the decision of the traffic police officer, they must have a legal basis to do so, however the law does not provide for this.

For answer  B 

For certain contraventions committed by the driver of the motor vehicle, agricultural or forestry tractor or tram, the suspension of the exercise of the right to drive is applied and is obligatory the passing of the test (the examination) of knowledge of the traffic rules (13 correct questions out of 15). For example, for failure to respect the rules regarding the priority of passage, if this caused a traffic accident resulting only in the damaging of a vehicle or other material damages, the contravention fine provided in class IV of sanctions is applied, the suspension of the right to drive for a period of 90 days and is obligatory the passing of the test (the examination) of knowledge of the traffic rules (the quiz 13 correct questions out of 15, which is found here on Școala Rutieră at the category “License recovery”).

In the case of this contravention the driving license is returned after the expiration of the suspension period and the passing of the test of knowledge of the traffic rules. If the test of knowledge of the traffic rules is not passed or in case of failure to appear for taking it, the suspension period is increased by another 30 days, thus the driving license is returned 30 days later than the expiration of the suspension period, the suspension period is increased by another 30 days, thus the driving license is returned 30 days later than the expiration of the suspension period.

If you want to know these cases in which taking the examination is obligatory enter here – Cat. License recovery (the 13 out of 15 test).

For answer  C 

The driving license retained by the traffic police for the purpose of suspending the exercise of the right to drive is also returned in the situation in which the contravention report has been annulled by a final court decision.

The correct answer is: B and C

Recommendations:

More information about taking the test and about reducing the suspension period can be found here --> Recovery of the suspended license

Retention of the driving license and application of other sanctions and technical‑administrative measures – Audio‑Video Lesson --> Other contraventional sanctions and technical‑administrative measures

For answer  A 

The traffic legislation does not provide anything regarding this.

For answer  B 

OUG* – Article 102

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of the suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of the motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
g) failure to respect the rules regarding the priority of passage or overtaking, if this caused a traffic accident resulting only in the damaging of a vehicle or other material damages;
[...]

OUG* – Article 111

(1) The driving license or the replacement proof thereof is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(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 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving license is issued with the right to drive for a period of 15 days.
[...]

OUG* – Article 106^1

(1) The holder of a driving license issued by a Romanian or foreign authority takes, obligatorily, until the expiration of the suspension period of the exercise of the right to drive motor vehicles, agricultural or forestry tractors or trams established by the contravention report, a test of verification of the knowledge of the traffic rules, when the suspension was applied for:
[...]
b) failure to respect the rules regarding the priority of passage, overtaking or going through the red of the traffic light or driving on the opposite direction, if this caused a traffic accident resulting in the damaging of a vehicle or other material damages;
[...]
(3) The suspension periods of the exercise of the right to drive provided in paragraphs (1) and (2) are extended, by law, without any other formality, by 30 days, if the holder of the driving license does not pass the test of knowledge of the traffic rules or does not appear to take it until the expiration of the suspension period.
[...]

For answer  C 

OUG* – Article 113

(1) The driving license is returned to the holder or their conventional representative:
[...]
e) based on the final court decision by which the acquittal of the defendant was ordered or the contravention report was annulled;
[...]

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