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

For answer  A 

The criminal fine applies in the case of offences. In this question it is about contraventional sanctions.

For answer  B 

The wording of answer B is not correct because “the warning” does not represent a sanction provided by the traffic legislation. In the case of committing a contravention, the law provides the application of a fine or, instead of it, of a verbal or written warning, which differs from the term “atenționare”.

For answer  C 

The contraventions are sanctioned with warning or with fine as the MAIN sanction and, as the case may be, with one of the complementary contraventional sanctions, among which are also the application of penalty points and the suspension of the exercise of the right to drive.

The traffic legislation establishes, starting with the year 2024, that for contraventions for which both fine and suspension of the exercise of the right to drive are applied, provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4), the warning shall not be applied instead of the contraventional fine. Thus, for these contraventions the contraventional fine provided by the legal articles that sanction the respective acts will be applied obligatorily.

The correct answer is: C

Recommendations:

The difference between offences and contraventions - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Introduction to contraventional sanctions - Audio-Video Lesson --> Introduction to contraventional sanctions; Class I contraventions; Application of 2 penalty points

OUG* - Article 95

(1) The violation of the provisions of this emergency ordinance, other than those that meet the constitutive elements of an offence, constitutes contravention and is sanctioned with warning or with the fine as main sanction and, as the case may be, with one of the complementary contraventional sanctions provided in art. 96 paragraph (2).
(1^1) By derogation from the provisions of art. 7 paragraph (3) of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with the subsequent amendments and completions, for the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and art. 105 the sanction of warning shall not be applied.
(2) The warning consists of the verbal or written attention of the contravenient, accompanied by the recommendation to respect the legal provisions.
[...]

OUG* - Article 96

(1) The complementary contraventional sanctions have the purpose of removing a state of danger and preventing the committing of other acts prohibited by the law and are applied through the same report by which the main sanction of the fine or the warning is applied.
(2) The complementary contraventional sanctions are the following:
a) the application of penalty points;
b) the suspension of the exercise of the right to drive, for a limited time;
c) the confiscation of the goods intended for committing the contraventions provided in this emergency ordinance or used for this purpose;
d) repealed;
e) the official deletion of the registration of the vehicle, in the cases provided in art. 17 paragraph (4);
f) repealed;
[...]

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