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Question 111 of 554

What obligations does the motor vehicle driver have who has hit a pedestrian who crossed the street in an unauthorized place?

A to present himself urgently at the nearest police unit;
B since he is not guilty of the accident, he may leave the place of the act;
C to notify the police and, in the absence of other means of transport, to transport him himself to the nearest medical unit, then to return to the place of the accident.
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Explanation

The driver of the vehicle who has hit a pedestrian who crossed the street, regardless of whether the pedestrian was crossing in compliance with the traffic rules or not, has the obligation to notify the police, not to alter the traces of the accident and not to leave the place of the act. In this case is prohibited the leaving of the place of the act without the approval of the police or of the prosecutor who carries out the investigation. Failure to observe the prohibition of leaving the place of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

Nevertheless, it does NOT constitute an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports himself the injured person to the nearest hospital, he having the obligation to declare the personal identification data and the registration number of the vehicle driven, data that will be recorded in a special register, and to return immediately to the place of the accident.

The correct answer is: C


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

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident resulting in the death or injury of a person is obliged to take measures for the immediate notification of the police, not to alter or erase the traces of the accident and not to leave the place of the act.
[...]

Criminal Code*** - Article 338

(1) Leaving the accident scene, without the approval of the police or of the prosecutor who carries out the investigation of the place of the act, by the driver of the vehicle or by the driving instructor, in the training process, or by the examiner of the competent authority, during the practical tests of the examination for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
[...]
(3) It is not an offence to leave the accident scene 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 able to provide the necessary medical assistance and where he has declared the personal identification data and the registration number of the vehicle driven, recorded in a special register, if he returns immediately to the place 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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