The immobilization of a vehicle is ordered by the traffic police officer if about it there are data or indications that it is the object of an act of a CRIMINAL nature. But in answer A it is specified that it is the object of a contravention, in which case answer A cannot be correct, because contraventions and acts of criminal nature are different.
In the case of driving a vehicle whose technical condition seriously endangers traffic safety (it has dangerous deficiencies in the braking system or in the steering mechanism), besides sanctioning with contravention fine, with suspension of the right to drive and retention of the registration certificate, is also applied the measure of immobilization of the vehicle.
When a vehicle is unable to move, its immobilization can no longer be discussed. And if it is desired to put the respective vehicle in motion by towing, it is necessary to make sure that its engine failures allow towing under the conditions imposed by the road legislation.
The correct answer is: B
OUG* - Article 117
(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of the committing by its driver of one of the following acts:
[...]
d) driving a vehicle about which there are data or indications that it is the object of an act of criminal nature;
[...]
OUG* - Article 96
[...]
(7) The immobilization of a vehicle consists in taking it outside the carriageway, onto the shoulder or as close as possible to the edge of the road, and placing 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 committing by its driver of 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 committing by its driver of one of the following acts:
[...]
b) driving a vehicle which damages the public road or affects the environment or which has dangerous deficiencies in the braking system or in the steering mechanism;
[...]
OUG* - Article 102
[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
b) driving the vehicle with dangerous deficiencies in the braking system or in the steering mechanism;
[...]
OUG* - Article 111
(1) The driving license or its replacement proof is retained in the following cases:
[...]
c) upon 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) letters 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 112
(1) The registration or record certificate or its replacement proof is retained by the traffic police in the following cases:
[...]
e) the service braking system has major or dangerous deficiencies;
f) the security or parking braking system has major or dangerous deficiencies;
g) the steering mechanism has major or dangerous deficiencies;
[...]
(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 to 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.
[...]
The road legislation does not provide anything in this regard.
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
Leave a comment