The drivers of motor vehicles and agricultural or forestry tractors and the persons who occupy seats provided by construction with approved seat belts or safety devices must wear them during circulation on public roads, regardless of whether they occupy the front or rear seats of the motor vehicle and regardless of whether they circulate in the urban area or outside built-up area.
The drivers of motor vehicles having seats provided by construction with seat belts must inform the passengers about the legal obligation to wear them during circulation on public roads.
However, the traffic legislation provides certain exceptions from the obligation to wear the seat belt, among the exceptions are also the women in a visible state of pregnancy, these being exempted from this obligation.
The traffic legislation DOES NOT provide an exception from the obligation to wear the seat belt for the drivers of motor vehicles who perform the maneuver of moving forward and backward. The exception is valid only for the maneuver of moving backward, not for moving forward. Also, the exception is valid only for the drivers of cars. The term “motor vehicle” is different from “car”, the difference between these two terms consisting in the fact that the term “motor vehicles” is broader and includes all vehicles that move on roads using an engine, while “cars” are a subtype of motor vehicles, intended mainly for the transport of persons.
Motor vehicle - is a more general term and refers to any vehicle equipped with an engine, which circulates on roads and serves for the transport of persons or goods. This includes cars, buses, trucks, motorcycles and other types of motor vehicles.
Car - is a specific type of motor vehicle, intended for the transport of passengers and which has, besides the driver's seat, at most 8 seating places. These include personal or family vehicles, which usually have 5 seats, but can have up to 9 seats, of which one is intended for the driver.
In short, all cars are motor vehicles, but not all motor vehicles are cars.
The traffic legislation DOES NOT provide an exception from the obligation to wear the seat belt for the drivers of taxi cars in the situations in which they DO NOT transport passengers. According to the legislation, the exception applies only when the taxi drivers transport passengers. Therefore, in the absence of passengers, they are obliged to wear the seat belt.
The correct answer is: A
OUG* - Article 36
(1) The drivers of motor vehicles and agricultural or forestry tractors and the persons who occupy seats provided by construction with approved seat belts or safety devices must wear them during circulation on public roads, except for the cases provided in the regulation.
(1^1) The drivers of motor vehicles having seats provided by construction with seat belts must inform the passengers about the legal obligation to wear them during circulation on public roads.
(1^2) The drivers of motor vehicles having seats provided by construction with seat belts have the obligation to make sure that, during the driving of the vehicle, minors wear seat belts or are transported only in approved child restraint systems, under the conditions provided by the regulation.
[...]
Regulation** - Article 97
[...]
(4) Are exempted from the obligation to wear the seat belt:
a) the drivers of cars during the execution of the maneuver of moving backward or who are waiting;
b) women in a visible state of pregnancy;
c) the drivers of cars who perform public passenger transport services, in taxi regime, when they transport passengers;
d) the persons who have a medical certificate in which the condition contraindicating the wearing of the seat belt is mentioned;
e) the driving instructors, during the practical training of the persons who learn to drive a motor vehicle on public roads or the examiner within the competent authority during the practical tests of the examination for obtaining the driving license.
(5) The persons provided in paragraph (4) letter d) are obliged to have with them the medical certificate, in the content of which the validity period must be mentioned.
[...]
For answer B
Regulation** - Article 97
[...]
(4) Are exempted from the obligation to wear the seat belt:
a) the drivers of cars during the execution of the maneuver of moving backward or who are waiting;
[...]
Section 3 Definition of use categories
The use categories are defined as follows:
1. car - motor vehicle in category M_1, with at least 4 wheels and a maximum constructive speed greater than 25 km/h, designed and built for the transport of passengers and which has, besides the driver's seat, at most 8 seating places;
[...]
Regulation** - Article 97
[...]
(4) Are exempted from the obligation to wear the seat belt:
[...]
c) the drivers of cars who perform public passenger transport services, in taxi regime, when they transport passengers;
[...]
* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Code)
** Regulation = REGULATION for the application of OUG 195/2002 updated (Road Code Regulation)
Leave a comment