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GENERAL Learning Environment Redobtainment Category
Question 115 of 554

The driving licence is returned, after the expiry of the suspension period and the passing of the knowledge test on the traffic rules, if it was retained for:

A failure to give priority to vehicles which have this right, if through this a traffic accident resulting in material damage occurred;
B not using the seat belt while driving;
C excessive use of the windshield wipers.
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Explanation

For answer  A 

For failure to comply with the rules regarding the priority of passage, if through this a traffic accident occurred from which resulted only the damaging of a vehicle or other material damage, the contravention fine provided in class IV of sanctions is applied, the suspension of the right to drive for a period of 90 days and the passing of the test (exam) of knowledge of the traffic rules is mandatory (the questionnaire 13 correct questions out of 15, which is found here on Școala Rutieră in the category „Licence reacquisition”).

In the case of this contravention the driving licence is returned after the expiry of the suspension period and the passing of the knowledge test on the traffic rules. If the knowledge test on the traffic rules is not passed or in case of non‑attendance for taking it, the suspension period is increased by another 30 days, thus the driving licence is returned 30 days later than the expiry of the suspension period, the suspension period is increased by another 30 days, thus the driving licence is returned 30 days later than the expiry of the suspension period.

If you want to know these cases in which the taking of the exam is mandatory enter here - Cat. Reacquisition (the 13 out of 15 test).


For answer  B 

Not using the seat belt while driving is not sanctioned with the suspension of the exercise of the right to drive, in which case, in the absence of a suspension, the return of the driving licence has no meaning. For failure to comply with the obligation to wear, while driving on public roads, the seat belt, the contravention fine provided in class II and 2 penalty points is applied.


For answer  C 

The road legislation does not provide anything about sanctioning the excessive use of the windshield wipers.


The correct answer is: A


Recommendations:
More information about taking the test and about reducing the suspension period can be found here --> Reacquiring the suspended licence
Applying penalty points and other sanctions and technical‑administrative measures - Audio‑Video Lesson --> Other contravention sanctions and technical‑administrative measures
Class I contraventions - Audio‑Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Applying 2 penalty points
Class II contraventions - Audio‑Video Lesson --> Class II contraventions; Licence suspension 30 days; Applying 3 penalty points
Class III contraventions - Audio‑Video Lesson --> Class III contraventions; Licence suspension 60 days; Applying 4 penalty points
Class IV contraventions - Audio‑Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Applying 6 penalty points

Reference articles

For answer  A 

OUG* - Article 102

[...]
(3) Constitutes contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of the suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
g) failure to comply with the rules regarding the priority of passage or overtaking, if through this a traffic accident occurred from which resulted only the damaging of a vehicle or other material damage;
[...]

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

OUG* - Article 106^1

(1) The holder of a driving licence issued by a Romanian or foreign authority takes, mandatorily, until the expiry of the suspension period of the exercise of the right to drive motor vehicles, agricultural or forestry tractors or trams established by the contravention report, a test of verification of the knowledge of the traffic rules, when the suspension was applied for:
[...]
b) failure to comply with the rules regarding the priority of passage, overtaking or passing at the red colour of the traffic light or driving on the opposite direction, if through this a traffic accident occurred from which resulted the damaging of a vehicle or other material damage;
[...]
(3) The suspension periods of the exercise of the right to drive provided in paragraphs (1) and (2) are extended, by right, without any other formality, by 30 days, if the holder of the driving licence does not pass the test of knowledge of the traffic rules or does not present himself for taking it until the expiry of the suspension period.
[...]


For answer  B 

OUG* - Article 100

(1) Constitutes contraventions and are sanctioned with the fine provided in class II 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 attracts, besides the fine sanction, the application of a number of penalty points, as follows:
[...]
a) 2 penalty points for committing the following acts:
[...]
3. failure to comply with the obligation to wear, while driving on public roads, the seat belt or the approved protective helmets, as the case may be;
[...]
b) 3 penalty points for committing the following acts:
[...]
9. failure to comply with the obligation of the driver of a motor vehicle to make sure that minor persons wear seat belts or are transported in approved child restraint systems, under the conditions provided by the regulation;
[...]

OUG* - Article 99

(1) Constitutes contraventions and are sanctioned with the fine provided in class I of sanctions the following acts committed by natural persons:
[...]
8. failure to comply with the obligation of passengers in a motor vehicle and agricultural or forestry tractor to wear, while travelling on public roads, the approved safety belts or devices;
[...]


For answer  C 

The road legislation does not provide anything in this regard.


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

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