The driving on public roads of a vehicle for which the law provides the obligation to hold the driving licence by a person whose driving licence is inappropriate for the category or subcategory to which the respective vehicle belongs, such as driving a motor vehicle from category C by a person whose licence is valid for category B, constitutes an offence and is punished criminally, with imprisonment from 6 months to 3 years or with a fine.
The correct answer is: A
OUG* - Article 23
(1) The right to drive a motor vehicle, agricultural or forestry tractor or tram on public roads is held only by the person who has a valid driving licence, corresponding to the category to which the respective vehicle belongs, or the replacement proof of it with right of circulation.
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Criminal Code*** - Article 335
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(2) The driving on public roads of a vehicle for which the law provides the obligation to hold the driving licence by a person whose driving licence is inappropriate for the category to which the respective vehicle belongs or whose licence has been withdrawn or cancelled or to whom the exercise of the right to drive has been suspended or who does not have the right to drive motor vehicles, trams or agricultural or forestry tractors in Romania is punished with imprisonment from 6 months to 3 years or with a fine.
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OUG* - Article 111
(1) The driving licence or the replacement proof of it is retained in the following cases:
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b) when its holder has committed one of the offences 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;
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(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 paragraphs (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 licence is issued without right of circulation.
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OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
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b) the holder of the driving licence has been convicted, by a final court decision, for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) of Law no. 286/2009, with subsequent amendments and completions;
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* 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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