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GENERAL Learning Environment Category C (C, C1)
Question 414 of 533

What obligation does the driver have when he has hit a pedestrian who crossed the road irregularly?

A transports the victim to the nearest medical unit, if transport by other means is not possible, and returns immediately to the scene of the accident;
B remains at the scene of the accident until the arrival of the investigation authorities, retaining the names, surnames and addresses of the witnesses;
C presents himself at the nearest police station.

Explanation

For answer  A 

The driver of the vehicle who has hit a pedestrian who crossed the road, regardless of whether the pedestrian was crossing legally or not, has the obligation to notify the police, not to alter the traces of the accident and not to leave the scene of the act. In this case it is prohibited to leave the scene of the act without the approval of the police or of the prosecutor who conducts the investigation. Failure to respect the prohibition of leaving the scene of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

However, it does NOT constitute an offence when, in the absence of other means of transport, the driver of the vehicle involved in the accident himself transports the injured person to the nearest hospital, having the obligation to state his personal identification data and the registration or recording number of the driven vehicle, data that will be entered in a special register, and to return immediately to the scene of the accident.


For answer  B 

Retaining the names and addresses of witnesses is not among the obligations that the traffic legislation imposes on drivers of vehicles that were involved in traffic accidents.


For answer  C 

Because the accident resulted in victims, you are prohibited from leaving the scene of the act without the approval of the police or of the prosecutor who conducts the investigation, this being considered an offence, except for the situation in which the victim is transported to the nearest hospital, an exception detailed in the explanation of answer A.

The Criminal Code provides that, in the case of involvement in such an accident, leaving the scene of the accident does not constitute an offence even when the victim leaves the scene of the actand the driver of the vehicle immediately notifies the event to the nearest police unit. But in answer C or in the statement of the question it is not specified that the hit pedestrian leaves the scene of the accident. Therefore, answer C cannot be correct.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences related to leaving the scene of the accident or altering its traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident resulting in the death or injury of a person is obliged to take measures for the immediate notification of the police, not to alter or erase the traces of the accident and not to leave the scene of the act.
[...]

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the approval of the police or of the prosecutor who conducts the investigation of the scene of the act, by the driver of the vehicle or by the driving instructor, during the training process, or by the examiner of the competent authority, during the practical tests of the exam for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
[...]
(3) It does not constitute an offence to leave the scene of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, himself transports the injured persons to the nearest medical unit able to provide the necessary medical assistance and where he has declared the personal identification data and the registration or recording number of the driven vehicle, entered in a special register, if he returns immediately to the scene of the accident;
[...]
d) the victim leaves the scene of the act, and the driver of the vehicle immediately notifies the event to the nearest police unit.


* 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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