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

GENERAL Learning Environment Category B (B, B1)
Question 289 of 1208

The exercising of the right to drive is suspended for a period of 60 days for:

A driving on the opposite direction, except for the cases in which performing the overtaking maneuver is carried out in compliance with the traffic rules;
B exceeding by at most 30 km/h the maximum speed allowed;
C accumulation of 10 penalty points.
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Explanation

For answer  A 

Is prohibited the driving on the opposite direction, except for the cases in which performing the overtaking maneuver is carried out in compliance with the traffic rules. The failure to respect this prohibition is sanctioned with the suspension of the right to drive for a period of 60 days.


For answer  B 

For exceeding by at most 30 km/h the maximum speed allowed a contravention fine and penalty points are applied. It is not sanctioned also with the suspension of the right to drive.

Exceeding the maximum speed limit is prohibited, and the sanctions applied vary depending on the value by which it was exceeded.

For example, if driving on a road sector on which the maximum speed allowed is 50 km/h and this maximum limit allowed is exceeded by a speed between 10 and 50 km/h (the speed at which one drives being between 60 and 100 km/h) it will be sanctioned with a contravention fine and penalty points.

And if this maximum limit allowed is exceeded by a speed between 50 and 70 km/h (the speed at which one drives being between 100 and 120 km/h), it will be sanctioned with a contravention fine and with the application of the measure of retaining the driving licence for the purpose of suspending the right to drive for a period of 90 days.

But if this maximum limit allowed is exceeded by more than 70 km/h (the speed at which one drives being over 120 km/h), it will be sanctioned with a contravention fine and with the application of the measure of retaining the driving licence for the purpose of suspending the right to drive for a period of 120 days.

Therefore, answer B cannot be correct because in the case of exceeding by at most 30 km/h the maximum speed allowed a contravention fine and penalty points are applied. This contravention not being sanctioned with the suspension of the exercising of the right to drive.


For answer  C 

The road legislation provides that in the case of accumulating penalty points the suspension of the exercising of the right to drive will be ordered at the accumulation of 15 penalty points, not at the accumulation of 10 penalty points as specified in this answer. Therefore, answer C cannot be correct.


The correct answer is: A


Recommendations:
Class I contraventions - Audio-Video Lesson --> Introduction to contraventional sanctions; Class I contraventions; Application of 2 penalty points
Licence suspension 30 days and class II contraventions - Audio-Video Lesson --> Class II contraventions; Licence suspension 30 days; Application of 3 penalty points
Licence suspension 60 days and class III contraventions - Audio-Video Lesson --> Class III contraventions; Licence suspension 60 days; Application of 4 penalty points
Licence suspension 90 or 120 days and class IV contraventions - Audio-Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points
Other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contraventional sanctions and technical-administrative measures

Reference articles

For answer  A 

OUG* - Article 41

(1) The vehicles and the animals, when they move on the public roads on which access is permitted, must be driven on the right side of the public road, in the direction of travel, as close as possible to the edge of the carriageway, with the respecting of the meaning of the road signalling and the traffic rules.
[...]

OUG* - Article 101

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in the class III of sanctions and with the application of the complementary contraventional sanction of suspension of the right to drive for a period of 60 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
d) driving on the opposite direction, except for the cases in which performing the overtaking maneuver is carried out in compliance with the traffic rules.
[...]

OUG* - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:
[...]
c) at the committing of one of the contraventions provided at art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided at art. 115 paragraph (1);
[...]
(5) In the situations provided at paragraph (1) letters e) and g), at art. 100 paragraph (3), at art. 101 paragraph (3), at art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as at art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with the right to drive for a period of 15 days.
[...]


For answer  B 

OUG* - Article 99

(1) Constitutes contraventions and is sanctioned with the fine provided in the class I of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided at paragraph (1) is also applied to the driver of motor vehicle, agricultural or forestry tractor or tram that commits an act for which 2 penalty points apply, according to art. 108 paragraph (1) letter a).
[...]

OUG* - Article 100

(1) Constitutes contraventions and is sanctioned with the fine provided in the class II of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided at paragraph (1) is also applied to the driver of motor vehicle, agricultural or forestry tractor or tram that commits an act for which 3 penalty points apply, according to art. 108 paragraph (1) letter b).
[...]

OUG* - Article 108

(1) The committing by the driver of motor vehicle, agricultural or forestry tractor or tram of one or more contraventions attracts, besides the sanction of the fine, also the application of a number of penalty points, as follows:
a) 2 penalty points for committing the following acts:
[...]
4. exceeding by 10-20 km/h the maximum speed allowed on the respective road sector for the category the motor vehicle driven belongs to, ascertained, according to the law, with approved technical means and metrologically verified;
[...]

b) 3 penalty points for committing the following acts:
[...]
2. exceeding by 21-30 km/h the maximum speed allowed on the respective road sector for the category the motor vehicle driven belongs to, ascertained, according to the law, with approved technical means and metrologically verified;
[...]

OUG* - Article 102

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspension of the exercising of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
e) exceeding by more than 50 km/h the maximum speed allowed on the respective road sector and for the category the motor vehicle driven belongs to, ascertained, according to the law, with approved technical means and metrologically verified.
[...]

(4) Constitutes contravention and is sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspension of the exercising of the right to drive for a period of 120 days the committing by the driver of motor vehicle or agricultural or forestry tractor of the following acts:
a) exceeding by more than 70 km/h the maximum speed allowed on the respective road sector and for the category the motor vehicle driven belongs to, ascertained, according to the law, with approved technical means and metrologically verified;
[...]

OUG* - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:
[...]
c) at the committing of one of the contraventions provided at art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided at art. 115 paragraph (1);
[...]
(3) In the situations provided at paragraph (1) letters a) and d), at art. 102 paragraph (3) letter a) and at art. 102 paragraph (4) of this emergency ordinance, as well as in the ones provided at art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and at art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with the subsequent modifications and completions, the replacement proof of the driving licence is issued without the right to drive.
[...]
(5) In the situations provided at paragraph (1) letters e) and g), at art. 100 paragraph (3), at art. 101 paragraph (3), at art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as at art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with the right to drive for a period of 15 days.


For answer  C 

OUG* - Article 103

(1) The suspension of the exercising of the right to drive motor vehicles, agricultural or forestry tractors or trams operates:
a) for a period of 30 days, if the holder of the driving licence has committed contraventions that accumulate 15 penalty points;
b) for a period of 60 days, if the holder of the driving licence again accumulates at least 15 penalty points in the next 12 months from the date of expiry of the last suspension of the exercising of the right to drive.
[...]


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

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