The materials available on Scoala Rutiera (texts, images, 3D animations, videos, audio files) are protected by copyright law and are provided to users for learning and personal preparation.
Sharing them with other people for study or personal educational purposes is allowed. However, using these materials for other purposes, such as publishing on other platforms, full or partial reproduction, modification intended to obscure the original work, commercial use, and similar actions, without the written consent of the authors, is prohibited and entails legal liability.
For the use of these materials for any purpose other than personal educational use, please contact us to obtain permission.
If a violation is identified, we reserve the right to take legal action to protect our intellectual property, including court actions, compensation claims, and/or other judicial measures.
First of all, it is not allowed to make the other participants in traffic leave the carriageway or withdraw from your path. This behaviour is considered to be an aggressive one and adopting it while driving vehicles on public roads is prohibited.
Secondly, the horn may be used only from a distance of at least 25 meters from those it is addressed to, and in this case you are too close to these cyclists and you are not allowed to honk at them.
To ensure a proper safe lateral distance, the drivers of motor vehicles (except motor vehicles with two wheels) will perform the overtaking maneuver of bicycles or electric scooters respecting, in addition to the obligations regarding the overtaking maneuver, also the following obligations, depending on the speed at which they move (art. 118 paragraph 2 of the Regulation):
In conclusion, if you move up to 50 km/h you are obliged at least to cross the marking, and if you move with more than 50 km/h you are obliged at least to pass with half the width of the motor vehicle over the marking. It must be noted that the above are not only recommendations, these are obligations, and their non-compliance is sanctioned according to the law.
It must be noted that in the case in which a road section has this marking made with a continuous line it is no longer possible to perform the overtaking of bicycles or electric scooters, because crossing or passing over this continuous line marking is prohibited, and for overtaking 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 which may be crossed and the overtaking of these vehicles may be legally carried out.
These legislative provisions related to overtaking bicycles or electric scooters were added in 2021 to the traffic legislation.
Considering that in the situation in the question vehicles move from the opposite direction, crossing the marking separating the traffic lanes to perform the overtaking is not allowed, in which case the legal provisions regarding the overtaking of bicycles detailed earlier cannot be respected. Therefore, you must wait for optimal conditions to be created for performing the overtaking maneuver.
The traffic legislation provides special rules for overtaking bicycles (see the explanation for answer B). In no case can we say that cyclists can be overtaken without restrictions.
The correct answer is: B
Regulation** - Article 113
(1) The audible warning devices must be used from a distance of at least 25 m from those to whom they are addressed, for a duration of time that ensures the perception of the signal and without causing them to perform maneuvers that may endanger traffic safety.
OUG* - Article 54^1
(1) Is prohibited the drivers of vehicles to adopt aggressive behaviour when driving them on public roads.
(2) Aggressive behaviour means performing, on the public road, by the driver of a vehicle, one of the following maneuvers:
[...]
e) the repeated use of audible and/or luminous signals which unjustifiably oblige the driver of the vehicle traveling in front to free the traffic lane;
OUG* - Article 45
[...]
(3) When by the overtaking maneuver the driver passes over the axis separating the directions of travel, the drivers of vehicles must make sure that no vehicle is approaching from the opposite direction and that they have enough space to re-enter the initial lane, where they are obliged to return after performing the overtaking maneuver.
[...]
Regulation** - Article 118
[...]
(2) To ensure the safe lateral distance, when overtaking a bicycle or an electric scooter the drivers of motor vehicles, other than those moving on two wheels, perform this maneuver by passing over the longitudinal marking separating the directions of travel or separating the lanes in the same direction, with at least half the width of the motor vehicle when its traveling speed is greater than 50 km/h, or at least by crossing these markings when the traveling speed is at most 50 km/h. (Paragraph (2) was modified and updated on www.scoalarutiera.ro on 06-10-2021)
See paragraph (2) of Article 118 of the Regulation** above (found at answer B).
* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Traffic Code Regulation)
Leave a comment