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Question 356 of 554

Can you change the position of the motor vehicle if it was involved in an accident that resulted in the death or injury to the bodily integrity or health of some persons?

A yes, with the approval of the police, which investigates the accident;
B yes, if the injured person can move by themselves;
C no, until the ambulance arrives.

Explanation

The driver of a vehicle involved in a traffic accident as a result of which the death or injury to the bodily integrity or health of a person resulted, is obliged not to leave the scene and not to modify or wipe the traces of the accident. Therefore, he may change the position of the vehicle involved in the accident only with the approval of the police, which investigates the accident.

If you do not respect this obligation and change the position of the vehicle or wipe the traces of the accident, from which the killing or injury to the bodily integrity or health of one or more persons resulted, it is considered an offence and is punished with imprisonment from 2 to 7 years.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of an accident - Audio-Video Lesson --> Obligations and prohibitions in case of an accident
Offences regarding leaving the scene of the accident or modifying the traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

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 resulted is obliged to take measures to immediately notify the police, not to modify or wipe the traces of the accident and not to leave the scene.
[...]
(3) It is prohibited for 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 resulted, to modify the state of the scene or to wipe the traces of the accident without the approval of the police that investigates the accident.

Criminal 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 practical tests of the exam for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
(2) With the same punishment is sanctioned also the act of any person to modify the state of the scene or to wipe the traces of the traffic accident from which the killing or injury to the bodily integrity or health of one or more persons resulted, without the consent of the team investigating the scene.
[...]
(3) It is not an offence to leave the scene of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports the injured persons themselves to the nearest medical unit able to provide the necessary medical assistance and where they declared their personal identification data and the registration number of the driven vehicle, recorded in a special register, if they return immediately to the scene of the accident;
[...]


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

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