Driving on the public roads of a vehicle for which the law provides the obligation of holding the driving permit by a person whose driving permit is inappropriate to the category or subcategory to which the respective vehicle belongs, such as driving a motor vehicle from category C by a person whose permit is valid for category B, constitutes an offence and is punished criminally, with imprisonment from 6 months to 3 years or with a fine.
The correct answer is: A
OUG* - Article 23
(1) The right to drive a motor vehicle, agricultural or forestry tractor or tram on the public roads belongs only to the person who holds a valid driving permit, corresponding to the category to which the respective vehicle belongs, or the replacement proof thereof with the right of circulation.
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Criminal Code*** - Article 335
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(2) Driving on the public roads of a vehicle for which the law provides the obligation of holding the driving permit by a person whose driving permit is inappropriate to the category to which the respective vehicle belongs or whose permit has been withdrawn or cancelled or whose exercise of the right to drive has been suspended or who does not have the right to drive motor vehicles, trams or agricultural or forestry tractors in Romania is punished with imprisonment from 6 months to 3 years or with a fine.
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OUG* - Article 111
(1) The driving permit or its replacement proof is retained in the following cases:
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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;
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(3) In the situations provided in paragraph (1) letter 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 proof of the driving permit is issued without the right of circulation.
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OUG* - Article 114
(1) The cancellation of the driving permit issued by the Romanian authority is ordered in the following cases:
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b) the holder of the driving permit has been convicted, by 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;
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* OUG = GOVERNMENT 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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