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

GENERAL Learning Environment Category B (B, B1)
Question 290 of 1208

The withdrawal of the driving licence is ordered by the traffic police in the following cases:

A When the authorized medical assistance unit, following the required specialist examination, determines that the person who holds the driving licence is medically fit to drive a motor vehicle;
B When the administrative validity of the driving licence has expired;
C If its holder could not be subjected to testing to determine the concentration of pure alcohol in the exhaled air, and following the medical examination clinical elements specific to the recent consumption of alcoholic beverages were found.
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Explanation

For answer A

From the text of answer A it appears that the person who holds the driving licence is fit medically to drive a motor vehicle. The road legislation specifies that the withdrawal of the driving licence applies if the person who holds the driving licence is unfit medically to drive a motor vehicle. Therefore, answer A cannot be correct.


For answer B

The administrative validity of driving licences is 5 or 10 years depending on the driving licence category. The withdrawal of the driving licence is not ordered when its administrative validity has expired. In such situations the road legislation states that the holder of the driving licence will be issued, upon request, without taking a new examination, a new licence with a new administrative validity, provided that he undergoes the medical examination provided by the regulations in force.


For answer C

The traffic police orders the withdrawal of the driving licence if its holder could not be subjected to testing to determine the concentration of pure alcohol in the exhaled air, and following the medical examination clinical elements suggestive of the recent consumption of alcoholic beverages were found. In this case the withdrawal of the driving licence is ordered until 8.00 a.m. the next day, but not less than 12 hours.


The correct answer is: C


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Other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answer A

OUG* - Article 22

[...]
(6^1) If the authorized medical assistance unit, following the required specialist examination, determines that the person who holds the driving licence is unfit medically to drive a motor vehicle, agricultural or forestry tractor, or tram, it is obliged, within one day from the date of the finding, to communicate the result of the examination to the traffic police in whose territorial area the unit operates, to the referring physician, as well as to the person declared medically unfit to drive a motor vehicle, agricultural or forestry tractor, or tram. If the person who holds the driving licence is declared medically fit, the authorized medical assistance unit communicates, within 15 days from the finding, the result of the examination to the referring physician.
(6^2) On the date of receipt of the communication provided in paragraph (6^1) first sentence, the traffic police withdraws the driving licence of the respective person, making mention of this in the record of withdrawn driving licences and sanctions applied to drivers of motor vehicles, agricultural or forestry tractors, or trams. The measure taken is communicated immediately to the driver provided in paragraph (6). The holder of the withdrawn driving licence no longer has the right to drive motor vehicles, agricultural or forestry tractors, or trams starting with the date of communication of the withdrawal measure.


For answer B

OUG* - Article 24

[...]
(5) The administrative validity of driving licences, by vehicle categories, is as follows:
a) 5 years for driving licences issued for vehicles in categories C1, C1E, C, CE, D1, D1E, D, DE, Tr, Tb and Tv*);
b) 10 years for driving licences issued for vehicles in categories AM, A1, A2, A, B, B1, BE and Tr1.
[...]
(5^2) The issuance of a new driving licence with a new administrative validity is carried out only after the medical examination provided in Article 22.
(5^3) In the cases provided in paragraphs (5^1) and (5^2), the issuance of the respective driving licences is carried out without taking a new examination, at the request of persons who have their domicile or residence in Romania under Article 23^1 paragraph (2), or who prove that they have been studying in Romania for at least 6 months and who hold a driving licence issued by the competent Romanian authorities, under the conditions established by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I.
(5^4) At the request of the holder of the driving licence, the competent authority issues, for the situations provided in paragraphs (5^1) and (5^2), a replacement document valid until the issuance of the driving licence, but not more than 30 days.
[...]


For answer C

OUG* - Article 22^1

(1) The withdrawal of the driving licence is ordered by the traffic police also if its holder could not be subjected to testing to determine the concentration of pure alcohol in the exhaled air or preliminary testing for the presence in the body of psychoactive substances, and following the medical examination clinical elements suggestive of the recent consumption of alcoholic beverages or psychoactive substances were found, during the procedure of collecting biological samples to determine the blood alcohol level or the consumption of psychoactive substances, a replacement document for the driving licence being issued without the right to drive.
(2) The withdrawal of the driving licence is ordered until 8.00 a.m. the next day, but not less than 12 hours.


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

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