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GENERAL Learning Environment Redobtainment Category
Question 131 of 554

In what situation is the driving licence retained?

A when the obligation to reduce speed is not respected;
B when the rules regarding the priority of passage of pedestrians are not respected;
C when the legal rules regarding waiting are violated.
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Explanation

For answer  A 

Failure to reduce speed in the cases provided by the regulation is sanctioned with the contravention fine provided in the third class of sanctions. For this act the right to drive is not suspended, in which case the measure of retaining the driving licence is not applied.


For answer  B 

Failure to give priority of passage to pedestrians engaged in the proper crossing of the public road, when they have priority of passage, is considered a contravention and is sanctioned with the contravention fine from the third class of sanctions and with the application of the measure of retaining the driving licence for the suspension of the right to drive for a period of 60 days.


For answer  C 

Irregular waiting is sanctioned with the contravention fine provided in the second class of sanctions and with the application of penalty points, the number of penalty points varying depending on the rule that was violated. For this act the right to drive is not suspended, in which case the measure of retaining the driving licence is not applied.


The correct answer is: B


Recommendations:
Contraventions of class I - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Contraventions of class II - Audio-Video Lesson --> Class II contraventions; Licence suspension 30 days; Application of 3 penalty points
Contraventions of class III - Audio-Video Lesson --> Class III contraventions; Licence suspension 60 days; Application of 4 penalty points
Contraventions of class IV - Audio-Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points
Other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answer  A 

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in the third class of sanctions the following acts committed by natural persons:
[...]
9. failure to reduce speed in the cases provided by the regulation;
[...]


For answer  B 

Regulation** - Article 135

The driver of the vehicle is obliged to give priority of passage also in the following situations:
[...]
h) to the pedestrian who crosses the public road, through a specially designated place, marked and properly signalled or at the green colour of the traffic light intended for him, when he is on the direction of travel of the vehicle.

OUG* - Article 101

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in the third class of sanctions and with the application of the complementary contravention sanction of the suspension of the right to drive for a period of 60 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
e) failure to give priority of passage to pedestrians engaged in the proper crossing of the public road through the specially designated and signalled places, located on the direction of travel of the motor vehicle, the agricultural or forestry tractor or the tram;
[...]

OUG* - Article 111

(1) The driving licence or its replacement proof 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 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with the right of circulation for a period of 15 days.
[...]


For answer  C 

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the second class of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) is also applied to the driver of a motor vehicle, agricultural or forestry tractor or tram who commits an act for which 3 penalty points are applied, according to art. 108 paragraph (1) letter b).
[...]

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions draws, in addition to the fine sanction, the application of a number of penalty points, as follows:
b) 3 penalty points for the committing of the following acts:
[...]
7. irregular waiting;
[...]

d) 6 penalty points for the committing of the following acts:
[...]
5. circulation or waiting on the prohibited space that separates the directions of travel on the motorway or express road;
6. waiting or parking of motor vehicles on the motorway or express road in places other than those specially designated and signalled;
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)

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