Step 3 » GENERAL learning environment Category B (B, B1)

GENERAL Learning Environment Category B (B, B1)
Question 485 of 1208

In what situation is the immobilization of the vehicle ordered?

A when there are data or indications that it is the object of a contravention;
B when it has serious malfunctions in the steering system;
C when it is unable to move because of engine malfunctions.

Explanation

For answer  A 

The immobilization of a vehicle is ordered by the traffic police officer if about it there are data or indications that it is the object of an act of a CRIMINAL nature. But in answer A it is specified that it is the object of a contravention, in which case answer A cannot be correct, because contraventions and acts of a criminal nature are different.

For answer  B 

In the case of driving a vehicle that deteriorates the public road or affects the environment or that has dangerous deficiencies in the braking system or in the steering mechanism, in addition to sanctioning with contravention fine, with suspension of the right to drive and the retention of the registration certificate, the measure of immobilization of the vehicle is also applied.


For answer  C 

When a vehicle is unable to move, the immobilization of it can no longer be discussed. And if it is desired to set in motion the respective vehicle by towing, it is necessary to make sure that its engine malfunctions allow towing in the conditions required by the road traffic legislation.


The correct answer is: B


Recommendations:
Class I contraventions - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Class II contraventions - Audio-Video Lesson --> Class II contraventions; License suspension 30 days; Application of 3 penalty points
Class III contraventions - Audio-Video Lesson --> Class III contraventions; License suspension 60 days; Application of 4 penalty points
Class IV contraventions - Audio-Video Lesson --> Class IV contraventions; License 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 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts:
[...]
d) driving a vehicle about which there are data or indications that it is the object of an act of a criminal nature;
[...]


For answer  B 

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists in removing it outside the carriageway, on the shoulder or as close as possible to the edge of the road, and putting it in impossibility of movement by using technical devices or other blocking means.
(8) The immobilization of a vehicle is ordered by the traffic police officer, as a result of the committing by its driver of one of the acts provided in art. 117 paragraph (1).

OUG* - Article 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts:
[...]
b) driving a vehicle that deteriorates the public road or affects the environment or that has dangerous deficiencies in the braking system or in the steering mechanism;
[...]

OUG* - Article 102

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in the fourth class of sanctions and with the application of the complementary sanction of suspension of the exercising of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
b) driving the vehicle with dangerous deficiencies in the braking system or in the steering mechanism;
[...]

OUG* - Article 111

(1) The driving license 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) 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 the right of circulation for a period of 15 days.
[...]

OUG* - Article 112

(1) The registration certificate or registration proof or its replacement proof is retained by the traffic police in the following cases:
[...]
g) the steering mechanism has major or dangerous deficiencies;
[...]
(2) In the situations provided in paragraph (1) letter b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration certificate or registration proof, the traffic police officer issues the driver of the vehicle a replacement proof without right of circulation, and in the cases provided in paragraph (1) letter 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.
[...]


For answer  C 

The road traffic legislation does not provide anything in this regard.


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

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