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

GENERAL Learning Environment Category B (B, B1)
Question 256 of 1208

In the event of being involved in an accident, can you leave the place of the accident without the approval of the police, if the bodily integrity of a person has been injured?

A yes, if the accident did not occur through your fault;
B yes, if your car was not damaged;
C no.
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Explanation

If you have been involved in a traffic accident in which the death or injury of the bodily integrity or health of a person resulted you are obliged to immediately notify the police at the national single emergency number 112, to not modify or delete the traces of the accident, being prohibited to leave the scene without the approval of the police or the prosecutor who carries out the investigation. Failure to comply with the prohibition to leave the scene is considered an offence and is punished with imprisonment from 2 to 7 years, in which case the driving licence is retained for its cancellation and a replacement proof is issued without the right to drive.

However, IT IS NOT an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports himself the injured person to the nearest hospital, he having the obligation to declare the personal identity data and the registration or enrolment number of the driven vehicle, data that will be recorded in a special register, and to return immediately to the place of the accident.

The correct answer is: C


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences related to leaving the accident scene or modifying the traces - Audio-Video Lesson --> Offences regarding road traffic; The difference between offences and contraventions

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident in which the death or injury of a person resulted is obliged to take measures for the immediate notification of the police, to not modify or delete the traces of the accident and to not leave the scene.
(2) Any person who is involved or is aware of the occurrence of a traffic accident in which the death or injury of one or more persons resulted, as well as in the situation in which a vehicle transporting dangerous goods is involved in the event is obliged to immediately notify the police and to call the national single emergency number 112, existing in the telephone networks in Romania.
(3) It is prohibited for any person to change the position of the vehicle involved in a traffic accident in which the death or injury of one or more persons resulted, to modify the state of the place or to delete the traces of the accident without the approval of the police investigating the accident.

Penal Code*** - Article 338

(1) Leaving the place of the accident, without the approval of the police or the prosecutor who carries out the investigation at the scene, by the driver of the vehicle or by the driving instructor, in 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.
[...]
(3) It is not an offence to leave the place of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest medical unit able to provide the necessary medical assistance and at which he has declared the personal identity data and the registration or enrolment number of the driven vehicle, recorded in a special register, if he returns immediately to the place of the accident;
[...]

OUG* - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:
[...]
b) when its holder has committed one of the offences 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 paragraphs (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 replacement proof of the driving licence is issued without the right to drive.
[...]

OUG* - Article 114

(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving licence has been convicted, by a final court decision, for the offences 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 = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Penal Code = PENAL CODE of July 17, 2009 updated (LAW no. 286/2009)

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