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GENERAL Learning Environment Category D (D, D1, Tb, Tv)
Question 298 of 485

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

A transports the victim to the nearest medical unit, if it is not possible to transport by other means, and returns immediately to the place of the accident;
B remains at the place of the accident until the arrival of the investigation authorities, noting the names, surnames and addresses of the witnesses;
C reports to 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, is obliged to notify the police, not to modify the traces of the accident and not to leave the place of the act. In this case it is prohibited the leaving of the place of the act without the approval of the police or the prosecutor who carries out the investigation. Failure to respect the prohibition of leaving the place of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

However, it does NOT constitute an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports the injured person himself to the nearest hospital, he having the obligation to declare the personal identification data and the registration or record number of the driven vehicle, data which will be entered in a special register, and to return immediately to the place of the accident.


For answer  B 

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


For answer  C 

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

The Criminal Code provides that, in the case of involvement in such an accident, leaving the place of the accident does not constitute an offence also when the victim leaves the place of the actand the driver of the vehicle immediately notifies the event to the nearest police unit. But in answer C or in the wording of the question it is not specified that the injured pedestrian leaves the place 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 regarding leaving the place of the accident or modifying the 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 modify or erase the traces of the accident and not to leave the place of the act.
[...]

Criminal Code*** - Article 338

(1) Leaving the place of the accident, without the approval of the police or of the prosecutor who carries out the investigation of the place 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 examination for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
[...]
(3) It is not an offence to leave the place of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports himself 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 record number of the driven vehicle, entered in a special register, if he returns immediately to the place of the accident;
[...]
d) the victim leaves the place of the act, and the driver of the vehicle immediately notifies the event to the nearest police unit.


* OUG = 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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