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GENERAL Learning Environment Redobtainment Category
Question 316 of 554

In which situation is the driving license retained?

A in the case of violating the obligations regarding the meaning of the red lights at the level crossing with the current railway provided with barriers;
B in the case of repairing the motor vehicle without the authorization of the police;
C when the motor vehicle is not equipped with rear-view mirrors.
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Explanation

For answer  A 

Failure to stop at the level crossing with the current railway when the barriers or semi-barriers are lowered or in the process of lowering or when the signals with red lights and/or sound signals are operating is sanctioned with the fine provided in the fourth class of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days. For this act the measure of retaining the driving license is applied for the purpose of suspending the exercise of the right to drive.


For answer  B 

Repairing the motor vehicle having traces of an accident is prohibited and is punished criminally. However, answer B does not say that the motor vehicle has traces of an accident. This means that it refers to repairing the motor vehicle which may have any type of defect, and for this the authorization of the police is not necessary.

You must remember that it is considered an offence and is punished with imprisonment from 3 months to 2 years or with a fine and with the cancellation of the driving license, the repair of motor vehicles, trailers, trams or mopeds having traces of an accident, without the authorization issued by the police. The motor vehicle having traces of an accident can be repaired without the authorization issued by the police, based on the certification of the validity of the amicable accident report.


For answer  C 

The driving license is not retained when the motor vehicle is not equipped with rear-view mirrors.


The correct answer is: A

Find here the video lesson with Various offences --> Road Traffic Code - Various offences
Find here the video lesson leaving the accident scene or modifying or erasing its traces --> Offences - Leaving the accident scene
Find here the video lesson with Retaining the registration or record certificate --> Road Traffic Code - Retaining the registration or record certificate
Find here the video lesson with other sanctions (penalty points, the prohibition to drive on the territory of Romania and the retention / withdrawal / suspension / cancellation of the driving license) --> Road Traffic Code - Other sanctions

Reference articles

For answer  A 

OUG - Article 111

(1) The driving license or the replacement proof of it is retained in the following cases:
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);

OUG - Article 102

(4) It constitutes contravention and is sanctioned with the fine provided in the fourth class of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days the committing by the driver of a motor vehicle or of an agricultural or forestry tractor of the following acts:
b) failure to stop at the level crossing with the current railway when the barriers or semi-barriers are lowered or in the process of lowering or when the signals with red lights and/or sound signals are operating;


For answer  B 

Criminal Code - Article 340

Failure to comply with the duties regarding technical inspection or performing repairs

4) Repairing motor vehicles, trailers, trams or mopeds having traces of an accident, without fulfilling the conditions provided by law, is punished with imprisonment from 3 months to 2 years or with a fine.

OUG - Article 114

(1) The cancellation of the driving license issued by the Romanian authority is ordered in the following cases:
b) the holder of the driving license has been convicted, by a final court decision, for the offences provided in art. 334 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 337, art. 338 paragraph (1), art. 339 paragraphs (2), (3) and (4) of the Criminal Code;


For answer  C 

The road legislation does not provide anything in this regard.

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