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GENERAL Learning Environment Category B (B, B1)
Question 394 of 1208

For which of the acts below is the measure of retaining the driving licence applied?

A for failure to stop at the lawful signal of the traffic police officer;
B for failure to comply with the legal provisions regarding overtaking;
C for failure to comply with the rules regarding the use of lights at night.

Explanation

For answer  A 

Failure to stop at the lawful signal of the traffic police officer is considered a contravention and is sanctioned with the contravention fine provided in the second class of sanctions and with the suspension of the exercise of the right to drive for a period of 30 days. For this contravention the measure of retaining the driving licence is ordered for the suspension of the right to drive.


For answer  B 

Failure to comply with the rules regarding overtaking is considered a contravention and is sanctioned with the contravention fine provided in the third class of sanctions and with the suspension of the exercise of the right to drive for a period of 60 days. For this contravention the measure of retaining the driving licence is ordered for the suspension of the right to drive.


For answer  C 

For failure to comply with the rules regarding the use of lights at night the retaining of the driving licence is not applied. For this act penalty points and a fine are applied, depending on the breached rule regarding the use of lights at night.


The correct answer is: A and B


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

Reference articles

For answer  A 

OUG* - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(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 licence is issued with the right to drive for a period of 15 days.
[...]

OUG* - Article 100

[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in the second class of sanctions and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
f) failure to comply with the signals, indications and orders of the traffic police officer performing service duties;
[...]


For answer  B 

OUG* - Article 111

(1) The driving licence or its replacement proof is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(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 licence is issued with the right to drive for a period of 15 days.
[...]

OUG* - Article 101

[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in the third class of sanctions and with the application of the complementary contravention sanction of the suspension of the right to drive for a period of 60 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
g) failure to comply with the rules regarding overtaking;
[...]


For answer  C 

OUG* - Article 99

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

OUG* - Article 100

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

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, besides the fine sanction, also the application of a number of penalty points, as follows:
a) 2 penalty points for committing the following acts:
1. incorrect use of high beam lights when meeting a motor vehicle and agricultural or forestry tractor coming from the opposite direction;
[...]
9. incorrect use of high beam lights towards the motor vehicle and agricultural or forestry tractor travelling in front of it, in the same direction of travel.
[...]
b) 3 penalty points for committing the following acts:
[...]
8. use of fog lights in conditions other than fog;
[...]


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

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