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Question 386 of 554

Which of the following acts constitute offences?

A failure to comply with the signals of traffic police officers when passing official convoys;
B driving under the influence of narcotic products or substances or of medicines with similar effects;
C exceeding the legal speed limit by over 50 km/h.

Explanation

For answer  A 

Failure to comply with the traffic rules when passing an official convoy or interposing into such a convoy is considered a contravention and is sanctioned with the contravention fine provided in class III of sanctions and with the application of the measure of retaining the driving licence for the purpose of suspending the exercise of the right to drive for a period of 60 days. Failure to comply with these rules is NOT considered an offence.

Failure to comply with the signals, indications and orders of the traffic police officer performing service duties is considered a contravention and is sanctioned with the contravention fine provided in class II of sanctions and with the application of the measure of retaining the driving licence for the purpose of suspending the exercise of the right to drive for a period of 30 days. Failure to comply with these rules is NOT considered an offence.


For answer  B 

Driving a vehicle for which the law requires holding a driving licence by a person under the influence of narcotic products or substances or of medicines with similar effects is considered an offence and is punishable criminally with imprisonment from one to 5 years or with a fine.


For answer  C 

Exceeding the legal speed limit by over 50 km/h is NOT considered an offence, it is considered a contravention and is sanctioned with the contravention fine from class IV and with the application of the measure of retaining the driving licence for the purpose of suspending the exercise of the right to drive for a period of 90 days for exceeding by over 50 km/h or 120 days for exceeding by over 70 km/h.


The correct answer is: B


Recommendations:
The difference between offences and contraventions - Audio-Video Lesson --> Offences regarding road traffic; The difference between offences and contraventions
Driving under the influence of alcohol and/or psychoactive substances - Audio-Video Lesson --> Driving under the influence of alcohol and/or psychoactive substances and the procedure for sample collection
Offences related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offences regarding road traffic; The difference between offences and contraventions
Contraventions of class I - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Contraventions of class II - Audio-Video Lesson --> Class II contraventions; 30-day licence suspension; Application of 3 penalty points
Contraventions of class III - Audio-Video Lesson --> Class III contraventions; 60-day licence suspension; Application of 4 penalty points
Contraventions of class IV - Audio-Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points
Other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answer  A 

OUG* - Article 100

[...]
(3) Is considered a contravention and is sanctioned with the fine provided in class II of sanctions and with the application of the complementary contravention sanction of suspending the exercise of the right to drive for a period of 30 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
f) failure to comply with the signals, indications and orders of the traffic police officer performing service duties;
[...]

OUG* - Article 101

[...]
(3) Is considered a contravention and is sanctioned with the fine provided in class III of sanctions and with the application of the complementary contravention sanction of suspending the right to drive for a period of 60 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
c) failure to comply with the traffic rules when passing an official convoy or interposing into such a convoy;
[...]

OUG* - Article 111

(1) The driving licence or its replacement document is retained in the following cases:
[...]
c) upon committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(5) In the situations provided in letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement document of the driving licence is issued with the right to drive for a period of 15 days.
[...]


For answer  B 

Criminal Code*** - Article 336

(1) Driving on public roads of a vehicle for which the law requires holding a driving licence by a person who has a blood alcohol concentration of over 0.80 g/l pure alcohol in the blood is punishable with imprisonment from one to 5 years or with a fine.
(2) The same punishment is applied to the person who, being under the influence of psychoactive substances, drives a vehicle for which the law requires holding a driving licence.
[...]

OUG* - Article 111

(1) The driving licence or its replacement document is retained in the following cases:
[...]
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 subsequent amendments and completions;
[...]
(3) In the situations provided in letters 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 subsequent amendments and completions, the replacement document of the driving licence is issued without the right to drive.
[...]

OUG* - Article 114

(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving licence has been convicted, through 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 subsequent amendments and completions;
[...]


For answer  C 

OUG* - Article 102

[...]
(3) Is considered a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
e) exceeding by more than 50 km/h the maximum speed allowed on the respective road section and for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means.
[...]

(4) Is considered a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days the committing by the driver of a motor vehicle or agricultural or forestry tractor of the following acts:
a) exceeding by more than 70 km/h the maximum speed allowed on the respective road section and for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means;
[...]

OUG* - Article 111

(1) The driving licence or its replacement document is retained in the following cases:
[...]
c) upon committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(3) In the situations provided in letters 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 subsequent amendments and completions, the replacement document of the driving licence is issued without the right to drive.
[...]
(5) In the situations provided in letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement document of the driving licence is issued with the right to drive for a period of 15 days.

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions attracts, in addition to the fine sanction, the application of a number of penalty points, as follows:
a) 2 penalty points for committing the following acts:
[...]
4. exceeding by 10-20 km/h the maximum speed allowed on the respective road section for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means;
[...]

b) 3 penalty points for committing the following acts:
[...]
2. exceeding by 21-30 km/h the maximum speed allowed on the respective road section for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means;
[...]

c) 4 penalty points for committing the following acts:
[...]
3. exceeding by 31-40 km/h the maximum speed allowed on the respective road section for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means;
[...]

d) 6 penalty points for committing the following acts:
[...]
3. exceeding by 41-50 km/h the maximum speed allowed on the respective road section for the category of the vehicle driven, determined, according to the law, with approved and metrologically verified technical means;
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of 12 December 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of 17 July 2009 updated (LAW no. 286/2009)

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