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For answer A
The circulation on the public roads of the vehicle that does not have concluded the civil liability insurance, in case of material damages caused to third parties by traffic accidents (RCA), is prohibited.
In the case in which the registration or recording certificate is damaged or is lost, You are NOT prohibited from travelling on the public roads, but you are obliged that within at most 30 days from the date of declaring the loss or from the date of noticing the damage, as the case may be, you request the issuance of a new registration or recording certificate.
No provision of the traffic legislation or the RCA Law prohibits the circulation of old vehicles (regardless of their age). The only requirement for old vehicles is to pass the periodic technical inspection (ITP) according to the legal norms. Some old vehicles are considered historic vehicles and may benefit from special regimes (including exemptions from road tax or from the annual ITP).
The correct answer is: A
OUG* - Article 10
(1) The circulation on the public roads of the vehicles that do not correspond from a technical point of view, of those not compulsorily insured for civil liability for damages produced to third parties by traffic accidents, of those for which the suspension of the registration has occurred, as well as of the registered vehicles whose validity term of the periodic technical inspection has expired or is cancelled, is prohibited.
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RCA LAW** - Article 3
The obligation to conclude the RCA contract
Natural or legal persons who own vehicles subject to registration or recording in Romania, as well as trams, are obliged to insure themselves for civil liability cases as a result of damages produced by vehicle accidents within the territorial limits provided in art. 2 point 18.
RCA LAW** - Article 37
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(9) The violation by natural or legal persons of the insurance obligation provided in art. 3 and of the obligations provided in art. 6 paragraph (6) and (7) constitutes contravention and is sanctioned with a fine from 1.000 lei to 2.000 lei and with the retention of the registration/recording certificate of the vehicle until the presentation of the document regarding the conclusion of the insurance. The finding and application of these are carried out by the police personnel.
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OUG* - Article 112
(1) The registration or recording certificate or the replacement proof thereof is retained by the traffic police in the following cases:
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s) the vehicle is not insured for civil liability in case of damages produced to third parties by traffic accidents, according to the law;
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(2) In the situations provided in paragraph (1) letter b), c), e), g), h^1), k), o), p), r), s) at the retention of the registration or recording certificate, the traffic police officer issues to the driver of the vehicle a replacement proof without the right of circulation, and in the cases provided in paragraph (1) letter a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with the right of circulation for 15 days.
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(3) In the situations provided in paragraph (1) letter b), o), p), r) and s), once the registration certificate is retained the traffic police officer also withdraws the registration or recording number plates.
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OUG* - Article 18
In the case of loss, theft, name change or damage of the registration or recording certificate, the owner of the respective vehicle is obliged to request the competent authority to issue a new registration or recording certificate, under the conditions established by the competent authority, within 30 days from the date of declaring the loss or theft, from the date of the name change or from the date of noticing the damage, as the case may be.
The traffic legislation does not provide anything in this regard.
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** RCA LAW = LAW no. 132 of May 31, 2017 regarding the compulsory civil liability insurance for damages produced to third parties by vehicle and tram accidents updated (RCA LAW)
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