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The vehicles that descend a slope have the obligation to give priority to the vehicles that climb, if on the direction of those who climb there is a fixed obstacle. In this situation the traffic legislation exempts the overtaking maneuver of those who climb from the prohibition to perform overtaking “Is prohibited the overtaking of vehicles when from opposite direction another vehicle approaches, and its driver is obliged to perform maneuvers to avoid the collision”.
This rule applies on narrow roads and/or with declivity only to vehicles of the same category and the traffic legislation does not include also the cases in which there is a fixed obstacle in this rule.
The correct answer is: B
Regulation - Article 135
The driver of a vehicle is obliged to give priority of passage also in the following situations:
[...]
e) when driving downhill with respect to the one who climbs, if on the driving direction of the one who climbs there is a fixed obstacle. In this situation the maneuver is not considered overtaking in the sense of the provisions of art. 120 letter j);
[...]Regulation - Article 120
(1) Is prohibited the overtaking of vehicles:
[...]
j) when from opposite direction another vehicle approaches, and its driver is obliged to perform maneuvers to avoid the collision;
[...]
Regulation - Article 127
(1) On narrow public roads and/or with declivity, where the passage of vehicles traveling from opposite directions, one beside the other, is impossible or dangerous, proceed as follows:
a) at the meeting of a combination of vehicles with a vehicle the driver of the latter must maneuver in reverse;
b) at the meeting of a heavy vehicle with a light vehicle, the driver of the latter must maneuver in reverse;
c) at the meeting of a vehicle that performs public transport of persons with a goods transport vehicle the driver of the latter must maneuver in reverse.(2) In the case of vehicles of the same category, the obligation to perform a maneuver of moving in reverse rests with the driver who climbs, except when it is easier and there are conditions for the driver who descends to perform this maneuver, especially when he is close to a refuge.
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)
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