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When the vehicle to be overtaken is moving with the speed allowed by law DOES NOT mean that it is moving at the MAXIMUM ALLOWED speed by law, it may move at a speed lower than the maximum allowed limit and it is considered a speed allowed by law. In addition, we must take into account that the maximum speed limits are different depending on the category of the driven vehicle. Therefore, the overtaking maneuver can be performed if the maximum speed limit allowed by law is not exceeded, for the category to which the driven vehicle belongs.
When performing the overtaking you must make sure that the maneuver can be performed in safety conditions. To respect this obligation you must have visibility. Therefore, overtaking is not permitted in any places and situations in which visibility does not allow the execution of the maneuver.
When road traffic is crowded the overtaking maneuver is not prohibited, but it is important that the maneuver is executed in safety conditions. We must take into account that when through the overtaking maneuver the axis of the road is crossed, the driver of the vehicle must make sure that from the opposite direction no vehicle is approaching and that he has enough space to re-enter the initial lane.
The correct answer is: B
Road legislation does not provide anything in this regard.
OUG* - Article 54
(1) The driver of a vehicle who performs a maneuver of changing the direction of travel, of exiting a row of parked vehicles or of entering such a row, of moving to another traffic lane or of turning right or left or who is going to perform a U-turn or to move in reverse is obliged to signal in time and to make sure that he can do it without disturbing the traffic or endangering the safety of the other traffic participants.
[...]
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 of starting a similar maneuver and that he can overtake without endangering or without hindering the traffic from the opposite direction;
b) to signal the intention of performing the overtaking;
c) to keep during the overtaking a sufficient lateral distance from the overtaken vehicle;
d) to re-enter the initial lane or row of traffic after he has signalled and made sure that he can perform this maneuver in safety conditions for the overtaken vehicle and for the other traffic participants.
[...]
Regulation** - Article 120
(1) Is prohibited the overtaking of vehicles:
[...]
b) near the ramp peaks, when visibility is reduced below 50 m;
c) in curves and in any other places where visibility is reduced below 50 m;
[...]
OUG* - Article 45
[...]
(3) When through the overtaking maneuver the axis that separates the traffic directions is crossed, the drivers of vehicles must make sure that from the opposite direction no vehicle is approaching and that they have enough space to re-enter the initial lane, where they are obliged to return after performing the overtaking maneuver.
[...]
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)
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