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The use of the lane next to the axis of the road is NOT allowed only when you perform overtaking of other vehicles, but also in other situations, such as the one described in the explanation of answer C.
When you travel on a road with two or more traffic lanes in one direction, you can use the lane next to the axis of the road only if the other lanes in the direction of travel are occupied, and you have the obligation to return to the first lane whenever this is possible, this obligation being valid even when you travel with the maximum permitted speed. For example, if the traffic is free on a road with three traffic lanes in the direction of travel, lane 1 or 2 being unoccupied, you are NOT allowed to travel on the lane next to the axis of the road (lane 3), even if you travel with maximum permitted speed.
When the traffic takes place on a road with two or more traffic lanes in one direction, such as a road with three traffic lanes in the direction of travel, these lanes are used by the drivers of vehicles depending on the intensity of the traffic and the travelling speed, they having the obligation to return to the first lane whenever this is possible. Therefore, when you travel faster than the vehicles that travel on another lane in the same direction of travel, if the other lanes in the direction of travel are occupied, you are allowed the use of the lane next to the axis of the road.
The correct answer is: C
OUG* - Article 45
(1) Overtaking is the maneuver by which a vehicle passes ahead of another vehicle or beside an obstacle, located on the same direction of travel, by changing the direction of travel and leaving the traffic lane or the line of vehicles in which it was initially.
[...]
(4) It does not constitute overtaking, within the meaning of paragraph (1), the situation in which a vehicle travels faster on one of the lanes than the vehicles that travel on another lane in the same direction of travel.
[...]
OUG* - Article 42
When the traffic takes place on two or more lanes in one direction, these are used by the drivers of vehicles depending on the intensity of the traffic and the travelling speed, having the obligation to return to the first lane whenever this is possible, if this is not intended for slow vehicles or public transport of persons.
Regulation** - Article 101
When the road has two or more lanes in the direction of travel, the vehicles are driven on the lane located next to the shoulder or the curb. The other lanes can be used successively, from right to left, if the traffic lane used is occupied, with the obligation to return to the lane on the right when this is possible.
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Traffic Code Regulation)
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