For answer A
The road legislation provides that driving instructors are exempted from the obligation to wear the seat belt only during the practical training of the students, when they are effectively in lessons on the public roads. However, the question refers to the situation “outside the training hours”, and in this case there is no longer any legal exemption. Therefore, outside the practical training hours, driving instructors have the obligation to wear the seat belt, like any other driver of the motor vehicle.
The drivers of motor vehicles and agricultural or forestry tractors and the persons who occupy places provided by construction with approved seat belts or safety devices must wear them during driving on the public roads, regardless if they occupy the front or the rear seats of the motor vehicle and regardless if they drive in the urban area or outside the built-up area.
The drivers of motor vehicles having places provided by construction with seat belts must inform the passengers about the legal obligation to wear them during driving on the public roads.
However, the road legislation provides certain exemptions from the obligation to wear the seat belt, among the exemptions are also women in a visible state of pregnancy, these being exempted from this obligation.
The road legislation DOES NOT provide an exemption from the obligation to wear the seat belt for children under 12 years old. In the case of transporting children in motor vehicles, the road legislation is very strict, for them there are special obligations that must be well understood.
For more information regarding the rules that must be respected when transporting children access the Audio-Video lesson “Chapter 8 part 7 - Obligations and prohibitions regarding the transport of children” from step 1 on Școala Rutieră.
The correct answer is: B
Regulation** - Article 97
[...]
(4) Are exempted from the obligation to wear the seat belt:
[...]
e) driving instructors, during the practical training of the persons who learn to drive a motor vehicle on the public roads or the examiner from the competent authority during the conduct of the practical tests of the exam for obtaining the driving license.
[...]
OUG* - Article 36
(1) The drivers of motor vehicles and agricultural or forestry tractors and the persons who occupy places provided by construction with approved seat belts or safety devices must wear them during driving on the public roads, except for the cases provided in the regulation.
(1^1) The drivers of motor vehicles having places provided by construction with seat belts must inform the passengers about the legal obligation to wear them during driving on the public roads.
(1^2) The drivers of motor vehicles having places provided by construction with seat belts have the obligation to make sure that, during driving the vehicle, the minors wear the seat belts or are transported only in approved child restraint systems, under the conditions provided by the regulation.
[...]
Regulation** - Article 97
[...]
(4) Are exempted from the obligation to wear the seat belt:
a) the drivers of cars during performing the maneuver of moving in reverse or who are waiting;
b) women in a visible state of pregnancy;
c) the drivers of cars who perform public passenger transport services, in taxi regime, when they transport passengers;
d) the persons who have a medical certificate in which the condition that contraindicates wearing the seat belt is mentioned;
e) driving instructors, during the practical training of the persons who learn to drive a motor vehicle on the public roads or the examiner from the competent authority during the conduct of the practical tests of the exam for obtaining the driving license.
(5) The persons provided in paragraph (4) letter d) are obliged to have with them the medical certificate, in the content of which the validity period of this must be mentioned.
[...]
OUG* - Article 36
[...]
(1^2) The drivers of motor vehicles having places provided by construction with seat belts have the obligation to make sure that, during driving the vehicle, the minors wear the seat belts or are transported only in approved child restraint systems, under the conditions provided by the regulation.
[...]
Regulation** - Article 97
(1) Children with a height of up to 135 cm may be transported in motor vehicles equipped with safety systems for the driver and passengers, hereinafter referred to as safety systems, only if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle.
[...]
(1^2) Children with a height over 135 cm may be transported in motor vehicles equipped with safety systems only if they wear adult seat belts, adjusted so as not to pass over the neck or face area, or if they are fixed or fastened with the help of a child restraint system installed in the motor vehicle.
[...]
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Code)
** Regulation = REGULATION for the application of OUG 195/2002 updated (Road Code Regulation)
Leave a comment