If you were involved in a traffic accident as a result of which the death or injury of the bodily integrity or the health of a person occurred you are obliged to notify the police immediately at the national single emergency call number 112, not to modify or erase the traces of the accident, being prohibited from leaving the scene without the approval of the police or the prosecutor who carries out the investigation. Failure to comply with the prohibition to leave the scene of the act is considered an offence and is punished with imprisonment from 2 to 7 years, in which case the driving licence is retained for the purpose of its cancellation and a replacement proof is issued without the right to drive.
However, IT IS NOT an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports himself the injured person to the nearest hospital, this one having the obligation to declare the personal identification data and the registration number or registration of the driven vehicle, data that will be entered in a special register, and to return immediately to the scene of the accident.
The correct answer is: C
OUG* - Article 77
(1) The driver of a vehicle involved in a traffic accident as a result of which the death or injury of a person occurred is obliged to take measures of immediate notification of the police, not to modify or erase the traces of the accident and not to leave the scene.
(2) Any person who is involved or has knowledge of the occurrence of a traffic accident as a result of which the death or injury of one or more persons occurred, as well as in the situation in which a vehicle transporting dangerous goods is involved in the event is obliged to notify the police immediately and to call the national single emergency call number 112, existing in the telephone networks in Romania.
(3) It is prohibited any person to change the position of the vehicle involved in a traffic accident as a result of which the death or injury of one or more persons occurred, to modify the state of the place or to erase the traces of the accident without the approval of the police who investigate the accident.
Penal Code*** - Article 338
(1) Leaving the scene of the accident, without the approval of the police or the prosecutor who carries out the investigation of the scene, 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 conduct of 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.
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(3) It is not an offence to leave the scene of the accident when:
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b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest health unit able to provide the necessary medical assistance and where he declared the personal identification data and the registration number or registration of the driven vehicle, entered in a special register, if he returns immediately to the scene of the accident;
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OUG* - Article 111
(1) The driving licence or its replacement proof is retained in the following cases:
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b) when its holder has committed one of the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with the subsequent amendments and completions;
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(3) In the situations provided in paragraph (1) letter a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with the subsequent amendments and completions, the replacement proof of the driving licence is issued without the right to drive.
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OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
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b) the holder of the driving licence has been convicted, by a final court decision, for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) of Law no. 286/2009, with the subsequent amendments and completions;
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* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Penal Code = PENAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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