In the situation in which the service braking system (the foot brake) and/or the safety or parking braking system (the hand brake) show malfunctions, the registration certificate is retained, and the following sanctions are also applied:
In the situation in which the fumes emitted by the engine of the motor vehicle reach the legally admitted limit, therefore do not exceed it, its circulation IS NOT prohibited. Thus, as long as the emissions fall within the limits established by the legislation, the motor vehicle may circulate on the public roads.
The road legislation prohibits the circulation on the public roads of vehicles which are fitted with lighting and/or signalling devices other than those approved by the competent authority. In this case the contravention fine provided in the class III of sanctions is applied and the registration or recording certificate is retained and a replacement proof with right of circulation for 15 days is issued.
The correct answer is: A and C
OUG* - Article 7
Any vehicle which circulates on the public roads must comply with the technical norms regarding road traffic safety, environmental protection and use according to its destination.
OUG* - Article 10
(1) Is prohibited the circulation on the public roads of vehicles which do not comply from a technical point of view, of those not obligatorily insured for civil liability for damages caused to third parties by traffic accidents, of those for which the suspension of registration has occurred, as well as of the registered vehicles whose validity term of the periodical technical inspection has expired or is annulled.
(2) The finding of the deficiencies of vehicles is made by the traffic police, and the verification of the technical condition of the vehicles found in traffic on the public roads is made by the traffic police together with the institutions empowered by law.
OUG* - Article 101
(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:
[...]
11. driving a motor vehicle, agricultural or forestry tractor, trailer or tram with major deficiencies at the braking system or the steering mechanism, at the lighting system or the sound warning system or when these are missing;
[...]
OUG* - Article 102
[...]
(3) Constitute contravention and is sanctioned with the fine provided in the class IV of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
b) driving the vehicle with dangerous deficiencies at the braking system or at the steering mechanism;
[...]
OUG* - Article 111
(1) The driving licence or its replacement proof is retained in the following cases:
[...]
c) at the committing of 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) letters 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 right of circulation for a period of 15 days.
[...]
OUG* - Article 112
(1) The registration or recording certificate or its replacement proof is retained by the traffic police in the following cases:
[...]
e) the service braking system presents major or dangerous deficiencies;
f) the safety or parking braking system presents major or dangerous deficiencies;
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s), at the retention of the registration or recording certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without right of circulation, and 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 right of circulation for 15 days.
[...]
OUG* - Article 117
(1) The immobilisation of a vehicle is ordered by the traffic police officer in the case of committing by its driver of one of the following acts:
[...]
b) driving a vehicle which damages the public road or affects the environment or which presents dangerous deficiencies at the braking system or at the steering mechanism;
[...]
Regulation* - Article 148
Is prohibited the driver of a motor vehicle, agricultural or forestry tractor or tram:
[...]
16. to drive a vehicle which emits fumes over the legally admitted limit or whose noise in motion or stationary exceeds the sound 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 the 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 stationary, pollutes acoustically or emits fumes over the legally admitted 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 emits pollutant fumes over the legally admitted limits;
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s), at the retention of the registration or recording certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without right of circulation, and 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 right of circulation for 15 days.
[...]
Regulation** - Article 10
Motor vehicles, tractors used in agricultural and forestry operations and vehicles for performing services or works, trams and trailers must be equipped, by construction, with approved lighting, luminous signalling and sound warning installations which correspond to the technical conditions established by the competent authority.
Regulation** - Article 13
Is prohibited the mounting on the motor vehicle, agricultural or forestry tractor, tram or trailer of lights of another colour or intensity, of other lights, devices or warning accessories than those approved.
OUG* - Article 101
(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:
[...]
10. the mounting on the motor vehicle and agricultural or forestry tractor, trailer or tram of lights of another colour or intensity, of other lights or sound warning devices or non‑approved accessories or modifications;
[...]
OUG* - Article 112
(1) The registration or recording certificate or its replacement proof is retained by the traffic police in the following cases:
[...]
d) the vehicle circulates with major or dangerous deficiencies at the lighting‑signalling systems or with other devices than those approved;
[...]
2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r) and s), at the retention of the registration or recording certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without right of circulation, and in the cases provided in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v) and x), a replacement proof with right of circulation for 15 days.
[...]
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Code Regulation)
Leave a comment