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The driver of the vehicle who performs the overtaking has the following obligations:
The signalling is done only after he has made sure that the maneuver can be executed in safety conditions.
Road traffic legislation does not oblige that when performing the overtaking maneuver the travel speed must be increased so as to shorten the time required to perform the overtaking. What is important is that the overtaking maneuver is performed in safety conditions and that the obligations listed at answer A are respected. It must be known that it is not allowed to exceed the maximum permitted speed during overtaking. We remind the fact that the maneuver of overtaking is also called the “bypassing” of an obstacle on the carriageway, such as a stopped vehicle, in which case overtaking can be performed also without being necessary to increase the travel speed.
To ensure a corresponding lateral safety distance, the drivers of motor vehicles (except motor vehicles with two wheels), will perform the overtaking maneuver of bicycles or electric scooters respecting besides the obligations regarding the overtaking maneuver, also the following obligations, depending on the speed with which they travel (art. 118 paragraph 2 of the Regulation):
In conclusion, if you travel up to 50 km/h you are obliged at least to cross the marking, and if you travel with more than 50 km/h you are obliged at least to cross with half of the width of the motor vehicle over the marking. It must be remembered that these above are not only recommendations, these are obligations, and non-compliance with them is sanctioned according to the law.
It must be remembered that in the case in which a road sector has this marking made with continuous line the overtaking of bicycles or electric scooters can no longer be performed, because the crossing or passing over this continuous line marking is prohibited, and for the overtaking of these vehicles it is mandatory to cross or pass over this marking. The only regulatory option is to go behind these vehicles until the end of the continuous line marking and the beginning of the dashed line marking that can be crossed and the overtaking of these vehicles can be performed in compliance with the rules.
These legislative provisions related to the overtaking of bicycles or electric scooters were added in 2021 in road traffic legislation.
The correct answer is: A
Regulation** - Article 118
(1) The driver of a vehicle who performs the overtaking is obliged:
a) to make sure that the one who follows him or precedes him has not signalled the intention to begin a similar maneuver and that he can overtake without endangering or without hindering the traffic from the opposite direction;
b) to signal the intention to perform the overtaking;
c) to keep during overtaking a sufficient lateral distance from the overtaken vehicle;
d) to re-enter the lane or the initial line of traffic after he has signalled and has made sure that he can perform this maneuver in safety conditions for the overtaken vehicle and for the other road users.
[...]
Regulation** - Article 119
The driver of a vehicle who is to be overtaken is obliged:
a) not to increase the travel speed;
b) to travel as close as possible to the right edge of the carriageway or of the lane on which he travels.
Road traffic legislation does not provide anything in this regard.
Road traffic legislation does not provide anything in this regard.
Regulation** - Article 118
[...]
(2) For ensuring the lateral safety distance, when overtaking a bicycle or an electric scooter the drivers of motor vehicles, other than those that travel on two wheels, perform this maneuver by crossing over the longitudinal marking that separates the traffic directions or that separates the lanes on the same direction, with at least half of the width of the motor vehicle when the travel speed is greater than 50 km/h, or at least by crossing these markings when the travel speed is at most 50 km/h. (Paragraph (2) was modified and updated on www.scoalarutiera.ro on 06-10-2021)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)
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