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Question 212 of 554

In which of the following situations can you change the position of the motor vehicle, when you have been involved in a traffic accident?

A after you have notified the police;
B after you have given first aid to the victims;
C when the accident did not result in human victims, only damage.
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Explanation

For answer A

After notifying the police, you CANNOT change the position of the vehicle in all situations. If the accident resulted in the death or injury of the bodily integrity or health of a person, you CANNOT change the position of the vehicle, even if you have notified the police; in this situation you are obliged to notify the police immediately and to call the single national emergency number 112, not to modify or erase the traces of the accident and not to leave the scene.

However, if the accident resulted only in damage to the vehicles and/or other material damage (no victims), the position of the vehicle can be changed, and notification of the police will be made at the police unit competent in the area where the accident occurred within no more than 24 hours from the occurrence of the event.


For answer B

If you have been involved in a traffic accident in which the death or injury of the bodily integrity or health of a person resulted, you are obliged to notify the police immediately and to call the single national emergency number 112, not to modify or erase the traces of the accident and not to leave the scene. Therefore, in the case of answer A, even if you give or do not give first aid to the victims, you will not be able to change the position of the vehicle.


For answer C

The driver of a vehicle involved in a traffic accident in which only the vehicles were damaged and/or other material damage occurred (no victims) is obliged to move the vehicle immediately off the carriageway or, if the condition of the vehicle does not allow this, to move it as close as possible to the curb or shoulder, signalling its presence and to report to the police unit competent in the area where the accident occurred within no more than 24 hours from the occurrence of the event for the preparation of the finding documents.

There are also exceptions to this obligation to report to the police unit competent in the area where the accident occurred within no more than 24 hours from the occurrence of the event:

  • the drivers of vehicles who conclude an amicable accident report, under the law;
  • the driver of a vehicle who has optional auto damage insurance, and the traffic accident resulted only in damage to his own vehicle.

We recommend that you also consult the articles from the updated traffic legislation found slightly below.


The correct answer is: C


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

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident in which the death or injury of a person resulted is obliged to take measures to notify the police immediately, not to modify or erase 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 in which the death or injury of one or more persons resulted, to modify the state of the place or to erase the traces of the accident without the consent of the police investigating the accident.

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the consent of the police or the prosecutor conducting the investigation of the scene, by the driver of the vehicle or by the driving instructor, being in the process of training, or by the examiner of the competent authority, being during the practical tests of the exam for obtaining the driving licence, involved in a traffic accident, is punishable by imprisonment from 2 to 7 years.
[...]
(2) With the same penalty is sanctioned also the act of any person to modify the state of the place or to erase the traces of the traffic accident that resulted in the killing or injury of the bodily integrity or health of one or more persons, without the consent of the on-site investigation team.
[...]
(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 himself the injured persons to the nearest medical unit capable of providing the necessary medical assistance and where he has declared his personal identification data and the registration number of the driven vehicle, recorded in a special register, if he returns immediately to the scene of the accident;
[...]


* 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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