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GENERAL Learning Environment Category D (D, D1, Tb, Tv)
Question 136 of 485

In which among situations is prohibited to drive with the bus on the public roads?

A when the registration certificate is damaged;
B when the bus is not insured for civil liability, in case of material damages caused to third parties by traffic accidents, according to the law;
C when the owner of the vehicle has not paid the public roads usage fee.

Explanation

For answer  A 

In the case in which the registration or record certificate is damaged, it is NOT prohibited for you to drive on the public roads, but you have the obligation that within at most 30 days from the date of finding the damage you request the issuance of a new registration or record certificate.


For answer  B 

Is prohibited the driving on the public roads of the vehicle that does not have concluded the civil liability insurance, in case of material damages caused to third parties by traffic accidents (RCA).


For answer  C 

The roads usage fee is not charged on all categories of roads, therefore driving is allowed on the roads on which the usage fee is not charged, for example within the county seats or the Municipalities.


The correct answer is: B


Recommendations:
Obligations and prohibitions of the drivers of vehicles - Audio-Video Lesson --> Road Code - Obligations, prohibitions and aggressive driving
The retention of the registration certificate and the application of other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answer  A 

OUG* - Article 18

In the case of loss, theft, name change or damage of the registration or record certificate, the owner of the respective vehicle is obliged to request from the competent authority the issuance of a new registration or record certificate, under the conditions established by the competent authority, within 30 days from the date of declaring the loss or theft, from the date of the name change or from the date of finding the damage, as the case may be.


For answer  B 

OUG* - Article 10

(1) Is prohibited the driving on the public roads of vehicles that do not correspond technically, 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 occurred, as well as of the registered vehicles whose validity term of the periodical technical inspection expired or is cancelled.
[...]

RCA LAW**** - Article 3

The obligation of concluding the RCA contract

Natural or legal persons that own vehicles subject to registration or record in Romania, as well as trams, have the obligation to insure themselves for the cases of civil liability as a result of damages caused by vehicle accidents within the territorial limits provided at art. 2 point 18.

RCA LAW**** - Article 37

[...]
(9) The violation by natural or legal persons of the insurance obligation provided at art. 3 and of the obligations provided at art. 6 paragraph (6) and (7) constitutes contravention and is sanctioned with a fine from 1,000 lei to 2,000 lei and with the retention of the registration/record certificate of the vehicle until the presentation of the document regarding the conclusion of the insurance. The finding and application of these are done by the police personnel.
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of it is retained by the traffic police in the following cases:
[...]
s) the vehicle is not insured for civil liability in case of damages caused to third parties by traffic accidents, according to the law;
[...]
(2) In the situations provided at paragraph (1) letter b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration or record certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without driving right, and in the cases provided at paragraph (1) letter a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with driving right for 15 days.
[...]
(3) In the situations provided at paragraph (1) letter b), o), p), r) and s), once with the retention of the registration certificate the traffic police officer also withdraws the plates with the registration or record number.
[...]


For answer  C 

NORMS of 21 September 2018*** - Article 1

[...]
(2) The usage fee is paid depending on the type of vehicle and is applied non‑discriminatorily to Romanian and foreign users for all vehicles temporarily or definitively registered that use the network of national roads of Romania over a given period.
(3) The passage fee is paid depending on the type of vehicle and is applied non‑discriminatorily to Romanian and foreign users for all vehicles temporarily or definitively registered that use a certain distance on a sector of road, bridge, tunnel or mountain pass that are part of the network of national roads of Romania.
[...]


* OUG = Government Emergency Ordinance no. 195 of 12 December 2002 updated (Road Code)
** Regulation = Regulation for the implementation of OUG 195/2002 updated (Road Code Regulation)
*** NORMS of 21 September 2018 = Methodological Norms of 28 April 2015 (updated) for the application by CNAIR of the usage fee and the passage fee
**** RCA LAW = Law no. 132 of 31 May 2017 regarding the mandatory civil liability insurance for damages caused to third parties by vehicle and tram accidents updated (RCA LAW)

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