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GENERAL Learning Environment Category Tr
Question 170 of 802

Can you change the position of the vehicle if it was involved in an accident that resulted in the death or injury of the bodily integrity or health of some persons?

A yes, with the approval of the police who investigate the accident;
B yes, if the injured person can move alone;
C no, until the ambulance arrives.
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Explanation

The driver of a vehicle involved in a traffic accident in which resulted the death or injury of the bodily integrity or health of a person is obliged not to leave the scene and not to modify or erase the traces of the accident. Therefore, he can change the position of the vehicle involved in the accident only with the approval of the police, who investigate the accident.

If you do not respect this obligation and change the position of the vehicle or erase the traces of the accident from which resulted the killing or injury of the bodily integrity or health of one or more persons, it is considered an offence and is punished with imprisonment from 2 to 7 years.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of an accident - Audio-Video Lesson --> Obligations and prohibitions in case of an accident
Offences regarding leaving the scene of the accident or modifying its traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident in which resulted the death or injury of a person is obliged to take measures for the immediate notification of the police, not to modify or erase the traces of the accident and not to leave the scene.
[...]
(3) It is prohibited for any person to change the position of the vehicle involved in a traffic accident in which resulted the death or injury of one or more persons, to modify the state of the place or to erase the traces of the accident without the approval of the police who investigate the accident.

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the approval of the police or the prosecutor who carry out the investigation of the scene, by the driver of the vehicle or by the driving instructor, in the process of training, or by the examiner of the competent authority, during the conduct of the practical tests of the examination for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
(2) With the same penalty is sanctioned the act of any person to modify the state of the place or to erase the traces of the traffic accident from which resulted the killing or injury of the bodily integrity or health of one or more persons, without the consent of the investigation team at the scene.
[...]
(3) It is not an offence to leave the scene of the accident when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest medical unit able to provide the necessary medical assistance and where he declared the personal identification data and the registration number of the driven vehicle, recorded in a special register, if he returns immediately to the scene of the accident;
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)

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