Step 3 » GENERAL learning environment Category C (C, C1)

For answer A

If the load of a vehicle reaches the maximum authorized mass entered in the registration certificate, NO sanctions apply. Sanctions apply at exceeding the maximum authorized mass entered in the registration certificate. Therefore, answer A cannot be correct.

For answer B

In the case where the driver of a vehicle transports in it more passengers than the number of seats entered in the registration certificate, it is NOT prohibited the putting into circulation of that vehicle. This act is considered a contravention and is sanctioned with the contravention fine from class III of sanctions. Therefore, answer B cannot be correct.

The authors of this question (DGPCI) wanted to ensure that the difference is known between the expressions “Is prohibited the putting into circulation of a vehicle” and “Is prohibited the driver of a motor vehicle, agricultural or forestry tractor or tram”, these being different prohibitions that represent different social dangers and which are sanctioned differently.

For answer C

The road legislation prohibits the putting into circulation of a vehicle, registered or recorded, in the event that the registration or recording certificate is retained, and the substitute proof of it is issued without right of circulation or the validity period has expired.

For example, if you have committed an act for which the registration or recording certificate is retained, upon the withdrawal of this document a substitute proof of it will be issued without right of circulation or with right of circulation for 15 days, as the case may be, and the prohibition of putting into circulation that vehicle applies as follows:

• for the situation where this substitute proof is issued without right of circulation, the prohibition to put into circulation that vehicle applies from the moment of applying the contravention sanction;
• for the situation where this substitute proof is issued with right of circulation for 15 days, the prohibition to put into circulation that vehicle applies from the day following the expiry of the substitute proof.

The correct answer is: C

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

For answer A

OUG* - Article 6

[...]
18. maximum authorized total mass - the maximum mass of a loaded vehicle, declared admissible following approval by the competent authority;
[...]

For answer B

Regulation** - Article 148

Is prohibited the driver of motor vehicle, agricultural or forestry tractor or tram:
[...]
2. to transport in the motor vehicle, agricultural or forestry tractor or tram more persons than the number of seats established in the registration or recording certificate;
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in class III of sanctions the following acts committed by natural persons:
[...]
13. non‑compliance with the rules regarding the transport of persons and objects in or on vehicles;
[...]

For answer C

OUG* - Article 15

[...]
(5) Is prohibited the putting into circulation of a vehicle, registered or recorded, which does not have mounted plates with the registration or recording number assigned by the competent authority or if these are not in accordance with the standards in force, as well as in the event that the registration or recording certificate is retained, and the substitute proof of it is issued without right of circulation or the validity period has expired. Is assimilated to the prohibition of putting into circulation a vehicle also the situation in which its driver did not present the registration or recording document at the moment of finding the act for which this emergency ordinance provides the retention of the registration or recording certificate.

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in class III of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) also applies to the driver of motor vehicle, agricultural or forestry tractor or tram who commits an act for which 4 penalty points are applied, according to Article 108 paragraph (1) letter c).
[...]

OUG* - Article 108

(1) The committing by the driver of 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:
[...]
c) 4 penalty points for committing the following acts:
[...]
5. driving a motor vehicle and agricultural or forestry tractor or towing a trailer when their circulation on public roads is prohibited according to Article 15 paragraph (5), except for cases where the vehicle, registered or recorded, does not have mounted plates with the registration or recording number assigned by the competent authority or if these are not in accordance with the standards in force;
[...]

* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)