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GENERAL Learning Environment Category Tr
Question 306 of 802

The immobilization of a vehicle by the traffic police officer is ordered:

A for the lack of reflective triangles;
B for the lack of the first aid medical kit;
C for the refusal of identification.
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Explanation

For answers A and B

For driving a motor vehicle, agricultural or forestry tractor or tram which is not equipped with a medical kit, two reflective triangles and a fire extinguisher, approved, the fine provided in the second class of sanctions is applied. Immobilization of the vehicle is not ordered.

In the case of motor vehicles in the AM, A1, A2 and A categories, these are exempted from the obligation to be equipped with a first aid medical kit, two reflective triangles and an approved fire extinguisher, and in the absence of these they are not subject to any sanction.


For answer C

The driver of the motor vehicle, agricultural or forestry tractor or tram is obliged that, at the request of the traffic police officer, to identify himself. In the event that he refuses to identify himself, the vehicle will be immobilized and he will be sanctioned with the fine provided in the third class of sanctions and with the application of 4 penalty points, and the traffic police officer must escort him to the nearest police unit for establishing his identity and for verifying in the records the situation of the driving license, when there is no possibility of performing these checks on the spot.


The correct answer is: C


Recommendations:
The immobilization of the vehicle by the traffic police officer and the application of other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures
Contraventions of class I - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Contraventions of class II - Audio-Video Lesson --> Class II contraventions; Suspension of license for 30 days; Application of 3 penalty points
Contraventions of class III - Audio-Video Lesson --> Class III contraventions; Suspension of license for 60 days; Application of 4 penalty points
Contraventions of class IV - Audio-Video Lesson --> Class IV contraventions; Suspension of license for 90 or 120 days; Application of 6 penalty points

Reference articles

For answers A and B

OUG* - Article 8

To be driven on public roads, motor vehicles, except those in categories AM, A1, A2 and A, agricultural or forestry tractors and trams must be equipped with a first aid medical kit, two reflective triangles and an approved fire extinguisher. (Article 8 was amended in the law and updated also on Școala Rutieră on 13-04-2024)

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the second class of sanctions the following acts committed by natural persons:
[...]
13. driving a motor vehicle, agricultural or forestry tractor or tram which is not equipped with a medical kit, two reflective triangles and a fire extinguisher, approved.
[...]


For answer C

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists in removing it off the carriageway, on the shoulder or as close as possible to the edge of the road, and placing it in the impossibility of movement by using technical devices or other blocking means.
(8) The immobilization of a vehicle is ordered by the traffic police officer, as a result of committing by its driver one of the acts provided in art. 117 paragraph (1).
[...]

Regulation** - Article 147

The driver of the motor vehicle, agricultural or forestry tractor or tram is obliged:
1. to have on him the identity document, the driving license, the registration or record certificate and, where applicable, the professional certificate, as well as the other documents provided by the legislation in force;
[...]

OUG* - Article 35

[...]
(2) Traffic participants are obliged that, at the request of the traffic police officer, to hand over to him the identity document or, where applicable, the driving license, the registration or record document of the driven vehicle, the documents relating to the transported goods, as well as other documents provided by law.
[...]

OUG* - Article 117

(1) The immobilization of a vehicle is ordered by the traffic police officer in the case of committing by its driver one of the following acts:
The immobilization of a vehicle is ordered by the traffic police officer, as a result of committing by its driver one of the acts provided in art. 117 paragraph (1)
[...]
e) refuses to identify himself;
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in the third class of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) is also applied to the driver of the motor vehicle, agricultural or forestry tractor or tram who commits an act for which 4 penalty points are applied, according to art. 108 paragraph (1) letter c).
[...]

OUG* - Article 108

(1) The committing by the driver of the motor vehicle, agricultural or forestry tractor or tram of one or more contraventions attracts, besides the sanction of the fine, also the application of a number of penalty points, as follows:
[...]
c) 4 penalty points for committing the following acts:
[...]
2. the refusal to hand over the identity document, the driving license, the registration or record certificate, the other documents provided by law, at the request of the traffic police officer, as well as the refusal to allow the verification of the vehicle;
[...]

Regulation** - Article 184

(1) In the situation in which the driver of the motor vehicle, agricultural or forestry tractor or tram, stopped in traffic for violating a traffic rule, does not have on him any identity document nor the driving license, the traffic police officer must escort him to the nearest police unit for establishing his identity and for verifying in the records the situation of the driving license, when there is no possibility of performing these checks on the spot.
[...]


* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the application of OUG 195/2002 updated (Road Traffic Code Regulation)

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