When the vehicle that is to be overtaken moves with the speed permitted by law DOES NOT mean that it moves with the MAXIMUM PERMITTED speed by law, it may move with a speed lower than the maximum permitted limit and it is considered a speed permitted by law. In addition, we must take into account that the maximum speed limits are different depending on the category of the driven vehicle. Therefore, the overtaking maneuver can be performed if the maximum speed limit permitted by law for the category to which the driven vehicle belongs is not exceeded.
When performing the overtaking you must make sure that the maneuver can be carried out in safety conditions. To comply with this obligation you must have visibility. Therefore, overtaking is not permitted in any places and situations in which the visibility does not allow the execution of the maneuver.
When road traffic is congested the overtaking maneuver is not prohibited, but it is important that the maneuver is carried out in safety conditions. We must take into account that when through the overtaking maneuver the axis of the road is crossed, the driver of the vehicle must make sure that from the opposite direction a vehicle is not approaching and that he has sufficient space to re-enter the initial lane.
The correct answer is: B
The road legislation does not provide anything in this regard.
OUG* - Article 54
(1) The driver of a vehicle who performs a maneuver of changing the direction of travel, of exiting from a row of waiting vehicles or of entering such a row, of moving to another traffic lane or of turning right or left or who intends to perform a U-turn or to move in reverse is obliged to signal in time and to make sure that he can do it without disturbing the traffic or endangering the safety of the other traffic participants.
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Regulation** - Article 118
(1) The driver of the vehicle who performs overtaking is obliged:
a) to make sure that the one who follows him or precedes him has not signalled the intention to start a similar maneuver and that he can overtake without endangering or without hindering the traffic from the opposite direction;
b) to signal the intention to perform overtaking;
c) to keep during overtaking a sufficient lateral distance from the overtaken vehicle;
d) to re-enter the initial lane or line of traffic after he has signalled and made sure that he can perform this maneuver in safety conditions for the overtaken vehicle and for the other traffic participants.
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Regulation** - Article 120
(1) Is prohibited the overtaking of vehicles:
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b) near the top of ramps, when visibility is reduced under 50 m;
c) in curves and in any other places where visibility is reduced under 50 m;
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OUG* - Article 45
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(3) When through the overtaking maneuver the axis that separates the traffic directions is crossed, the drivers of vehicles must make sure that from the opposite direction a vehicle is not approaching and that they have sufficient space to re-enter the initial lane, where they have the obligation to return after performing the overtaking maneuver.
[...]
* 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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