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Question 520 of 554

The traffic police officer may order the immobilization of a vehicle when:

A the vehicle has not been deregistered from circulation, in the cases provided by law;
B the vehicle has technical faults in the signalling system;
C the driver does not respect the legal driving and rest times.
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Explanation

For answers  A  and  B 

The vehicle is not immobilized if it has not been deregistered from circulation, in the cases provided by law, or if it has technical faults in the signalling system; for these contraventions the registration certificate or the registration proof is retained. For these contraventions, a contravention fine is also applied, according to the articles from the updated road legislation found on this page, slightly below.


For answer  C 

The immobilization of a vehicle is ordered by the traffic police officers in traffic or by the personnel with control duties within ISCTR, in traffic and at the headquarters of the legal entity, when the driver does not respect the legal driving and rest times. For this contravention, in addition to the immobilization of the vehicle, a contravention fine is also applied, according to the articles from the updated legislation found on this page, slightly below.


The correct answer is: C

Find here a video lesson about Confiscation, immobilization and deregistration ex officio --> Road Code - Confiscation, immobilization and deregistration ex officio
Find here a video lesson about Retaining the registration or enrolment certificate --> Road Code - Retaining the registration or enrolment certificate

Reference articles

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

For answers  A  and  B 

OUG - Article 99

(1) Constitute contraventions and are sanctioned with the fine provided in class I of sanctions the following acts committed by natural persons:
18. driving on public roads a vehicle with major deficiencies, other than those provided in art. 101 paragraph (1) point 11.

OUG - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in class IV of sanctions the following acts committed by natural persons:
4. failure to deregister vehicles from records, in the cases and deadlines provided by law;

OUG - Article 112

(1) The registration or enrolment certificate or the replacement proof is retained by the traffic police in the following cases:
d) the vehicle is driven with major or dangerous deficiencies in the lighting-signalling systems or with devices other than those approved;
r) the vehicle has not been deregistered from circulation in the cases provided in this emergency ordinance;


For answer  C 

ORDINANCE no. 37 of August 7, 2007 - Article 96

(2) Insofar as contraventions regarding the observance of driving, rest or break times are found in traffic, as well as in all other situations in which the driver cannot prove the performance of breaks and/or minimum rest periods provided by the legislation in force, in addition to the fine provided in paragraph (1) the sanction of immobilizing the vehicle will also be applied until the conditions of legality for continuing the transport are fulfilled.

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