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GENERAL Learning Environment Category B (B, B1)
Question 376 of 1208

Which of the acts below constitutes an offense and is punished as such?

A driving on the public road an unregistered motor vehicle;
B driving on the public road a motor vehicle without registration certificate;
C driving on the public road a motor vehicle with false registration number.

Explanation

For answer  A 

It is prohibited the driving on the public road of an unregistered motor vehicle. This act constitutes an offense and is punished with imprisonment from one to 3 years or with fine.


For answer  B 

Driving on the public road a motor vehicle without registration certificate, meaning without having on you the registration certificate, constitutes a contravention. For this act the contravention fine provided in class III of sanctions is applied.


For answer  C 

It is prohibited the driving on the public road of a motor vehicle with false registration number. This act constitutes an offense and is punished with imprisonment from one to 5 years or with fine.


The correct answer is: A and C

The difference between offenses and contraventions - Audio-Video Lesson --> Offenses regarding the traffic on public roads; The difference between offenses and contraventions
Offenses related to driving an unregistered vehicle - Audio-Video Lesson --> Offenses regarding the traffic on public roads; The difference between offenses and contraventions

Reference articles

For answer  A 

OUG* - Article 12

(1) The vehicles that travel on the public roads must be registered or recorded, as the case may be, with the exception of the following categories of vehicles:
a) the vehicles pulled or pushed by hand;
b) bicycles;
c) electric scooters.
[...]

Criminal Code*** - Article 334

(1) Putting into circulation or driving on the public roads an unregistered or unrecorded motor vehicle, a tram or an agricultural or forestry tractor, according to the law, is punished with imprisonment from one to 3 years or with fine.
[...]

OUG* - Article 111

(1) The driving license or the replacement proof of it is retained in the following cases:
[...]
b) when its holder has committed one of the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
(5) In the situations provided in paragraph (1) letter e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letter b), e) and f) of this emergency ordinance, as well as in art. 334 paragraph (1) and (3) of the Criminal Code, the replacement proof of the driving license is issued with right of circulation for a period of 15 days.
[...]


For answer  B 

OUG* - Article 35

[...]
(2) The traffic participants are obliged that, at the request of the traffic police officer, to hand him the identity document or, as the case may be, the driving license, the registration or record document of the driven vehicle, the documents regarding the transported goods, as well as other documents provided by law.
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in class III of sanctions the following acts committed by natural persons:
[...]
18. failure to respect the obligation of the driver of a vehicle to have on him the documents provided in art. 35 paragraph (2).
[...]


For answer  C 

OUG* - Article 12

(1) The vehicles that travel on the public roads must be registered or recorded, as the case may be, with the exception of the following categories of vehicles:
a) the vehicles pulled or pushed by hand;
b) bicycles;
c) electric scooters.
[...]

Criminal Code*** - Article 334

[...]
(2) Putting into circulation or driving on the public roads a motor vehicle, tram, agricultural or forestry tractor with false registration or record number is punished with imprisonment from one to 5 years or with fine.
[...]

OUG* - Article 111

(1) The driving license or the replacement proof of it is retained in the following cases:
[...]
b) when its holder has committed one of the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
(3) In the situations provided in paragraph (1) letter a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions, the replacement proof of the driving license is issued without right of circulation.
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)

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