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

GENERAL Learning Environment Category B (B, B1)
Question 304 of 1208

For which of the acts below are penalty points applied?

A for driving the vehicle by a person other than the owner;
B for driving the vehicle without one of the license plates;
C the engine emissions reach the legally permitted limit.

Explanation

For answer  A 

A vehicle can be driven by a person other than the owner, but with the owner’s consent. Therefore, since this is not prohibited, it will not be sanctioned with penalty points or with the application of another sanction.

It must be known that at the request of the traffic police or the local police, the owner or the mandated holder of a vehicle is obliged to communicate to it, within the term indicated in the content of the request, the identification data of the person to whom he entrusted the vehicle to drive it on public roads. Failure to comply with this obligation constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions.


For answer  B 

Driving on public roads a vehicle without having mounted one of the license plates or registration plates constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions, with the application of 6 penalty points and with the retention of the registration or recording certificate, a replacement proof with the right of circulation for 15 days being issued.


For answer  C 

If the emissions released by the engine reach the legally permitted limit, therefore do not exceed it, the motor vehicle can circulate. If this is not prohibited, because the emissions released by the engine do NOT exceed the legally permitted limit, it will not be sanctioned with penalty points or with the application of another sanction.


The correct answer is: B


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

Reference articles

For answer  A 

OUG* - Article 39

(1) At the request of the traffic police or the local police, the owner or the mandated holder of a vehicle is obliged to communicate to it, within the term indicated in the content of the request, the identification data of the person to whom he entrusted the vehicle to drive it on public roads. The local police may request this identification data only in connection with the exercise of competences in the field of traffic on public roads.
(2) The obligation to communicate the identification data, provided in paragraph (1), is considered fulfilled if the owner or the mandated holder of a vehicle communicates the name, surname, personal numeric code, domicile or residence, number and series of the identity document of the person to whom he entrusted the vehicle to drive it on public roads or, in the case of foreign citizens, stateless persons or Romanian citizens with domicile abroad, also the series and number of the passport or of another state border crossing document, the date of its issuance and the issuing state.
[...]

OUG* - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in class IV of sanctions the following acts committed by natural persons:
[...]
14. failure by the owner or the mandated holder of a vehicle to comply with the obligation to communicate, within the term indicated in the content of the request of the traffic police or the local police, as the case may be, the identification data of the person to whom he entrusted the vehicle to drive it on public roads, provided in art. 39;
[...]


For answer  B 

OUG* - Article 15

[...]
(5) It is prohibited to put into circulation a vehicle, registered or recorded, which does not have mounted plates with the registration number or the recording number assigned by the competent authority or if these are not compliant with the standards in force, as well as in the case in which the registration or recording certificate is retained, and its replacement proof is issued without the right of circulation or the validity term has expired. The situation in which its driver did not present the registration or recording document at the moment of finding the act for which this emergency ordinance provides the retention of the registration or recording certificate is also assimilated to the prohibition of putting a vehicle into circulation.
[...]

OUG* - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in class IV of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) also applies to the driver of a motor vehicle, agricultural or forestry tractor or tram who commits an act for which 6 penalty points are applied, according to art. 108 paragraph (1) letter d).
[...]

OUG* - Article 108

(1) The commission by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions attracts, besides the fine sanction, also the application of a number of penalty points, as follows:
[...]
d) 6 penalty points for the commission of the following acts:
[...]
4. driving on public roads a vehicle without having mounted one of the license plates or registration plates or if the license plates or registration plates are not fixed in the specially designated places;
[...]

OUG* - Article 112

(1) The registration or recording certificate or its replacement proof is retained by the traffic police in the following cases:
[...]
u) the vehicle does not have mounted one of the license plates or registration plates;
[...]
(2) […] 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 of circulation for 15 days.
[...]


For answer  C 

Regulation* - Article 148

Is prohibited the driver of a motor vehicle, agricultural or forestry tractor or tram:
[...]
16. to drive a vehicle that releases emissions over the legally permitted limit or whose noise in motion or standing exceeds the noise threshold provided by law or which has mounted on the exhaust system non-approved devices;
[...]

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in class II of sanctions the following acts committed by natural persons:
[...]
7. driving a motor vehicle and agricultural or forestry tractor which, in motion or standing, causes noise pollution or releases emissions over the legally permitted limit;
[...]

OUG* - Article 112

(1) The registration or recording certificate or its replacement proof is retained by the traffic police in the following cases:
[...]
j) the engine releases polluting emissions over the legally permitted limits;
[...]
(2) […] 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 of circulation for 15 days.
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)

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