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Question 185 of 554

The committing of a contravention entails:

A criminal liability and the cancellation of the driving licence;
B fine and, as the case may be, the complementary contravention sanction of the retention of the driving licence or of the registration certificate;
C criminal fine and, as the case may be, one of the complementary sanctions.
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Explanation

The committing of a contravention is sanctioned with warning or with fine as main sanction and, as the case may be, with one of the following complementary contravention sanctions:

  • the application of penalty points;
  • the suspension of the exercise of the right to drive, for a limited time;
  • the confiscation of the goods intended for the committing of the contraventions provided in this emergency ordinance or used for this purpose;
  • the ex officio deletion of the registration or recording of the vehicle, in the cases provided in art. 17 paragraph (4).

The traffic police officer also orders one of the following technical-administrative measures:

  • the retention of the driving licence and/or of the registration or recording certificate or, as the case may be, of the substitute proof of these;
  • the withdrawal of the driving licence, of the registration or recording certificate or of the plates with the registration or recording number;
  • the cancellation of the driving licence issued by the Romanian authorities;
  • the lifting of the vehicles stationed irregularly;
  • the prohibition to drive motor vehicles on the territory of Romania for the holders of driving licences issued by a foreign authority;
  • the relocation of the vehicles stationed regularly;
  • the immobilization of the vehicle.

The correct answer is: B

Find here video lesson with the difference between crime and contravention --> Road Traffic Code -  Crimes and Contraventions
Find here video lesson with Contraventions - introduction --> Road Traffic Code - Contraventions - introduction

Reference articles

OUG - Article 95

(1) The violation of the provisions of this emergency ordinance, other than those which meet the constitutive elements of an offence, constitutes contravention and is sanctioned with warning or with the fine as main sanction and, as the case may be, with one of the complementary contravention sanctions provided in art. 96 paragraph (2).
(1^1) By derogation from the provisions of art. 7 paragraph (3) of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with the subsequent amendments and completions, for the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and art. 105 the warning sanction is not applied.
(2) The warning consists of the verbal or written notification of the contravener, accompanied by the recommendation to respect the legal provisions.

OUG - Article 96

(1) The complementary contravention sanctions aim to remove a state of danger and to prevent the committing of other acts prohibited by law and are applied through the same report through which the main sanction of the fine or the warning is applied.
(2) The complementary contravention sanctions are the following:
a) the application of penalty points;
b) the suspension of the exercise of the right to drive, for a limited time;
c) the confiscation of the goods intended for the committing of the contraventions provided in this emergency ordinance or used for this purpose;
d) repealed;
e) the ex officio deletion of the registration or recording of the vehicle, in the cases provided in art. 17 paragraph (4);
f) repealed;

OUG - Article 97

(1) In the cases provided in this emergency ordinance, the traffic police officer also orders one of the following technical-administrative measures:
a) the retention of the driving licence and/or of the registration or recording certificate or, as the case may be, of the substitute proof of these;
b) the withdrawal of the driving licence, of the registration or recording certificate or of the plates with the registration or recording number;
c) the cancellation of the driving licence issued by the Romanian authorities;
d) the lifting of the vehicles stationed irregularly;
e) the prohibition to drive motor vehicles on the territory of Romania for the holders of driving licences issued by a foreign authority;
f) the relocation of the vehicles stationed regularly;
g) the immobilization of the vehicle.

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