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Question 386 of 802

What must the driver of a vehicle do for the overtaking to be considered lawful?

A to make sure that the maneuver can be executed in safety conditions, after which signal the intention to change the driving position and perform the overtaking;
B to signal in good time the intention to change the driving direction;
C to increase the driving speed so as to shorten the time required to carry out the overtaking.

Explanation

For answer  A 

The driver of the vehicle who performs the overtaking has the following obligations:

  • to make sure that the vehicle in front or the one behind has not signalled the beginning of a similar maneuver and that he can overtake without endangering or hindering the traffic from the opposite direction;
  • to signal the intention to perform the maneuver;
  • to keep during the overtaking a sufficient lateral distance from the overtaken vehicle;
  • to re-enter the initial line of vehicles after he has signalled and made sure that he can perform the maneuver in safety conditions for the overtaken vehicle and for the other traffic participants.

For answer  B 

The signalling is done only after making sure that the maneuver can be executed in safety conditions.


For answer  C 

The traffic legislation does not oblige that during the overtaking maneuver the driving speed be increased so that the time required to carry out the overtaking is shortened. What is important is that the overtaking maneuver be performed in safety conditions and that the obligations listed in answer A are respected. It must be known that it is not permitted to exceed the maximum allowed speed during the overtaking. We remind the fact that avoiding an obstacle on the carriageway, such as a stopped vehicle, is also considered an overtaking maneuver, in which case the overtaking can be performed without it being necessary to increase the driving 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 move (art. 118 paragraph 2 of the Regulation):

  • when they move with a speed of up to 50 km/h, they are obliged to perform the overtaking maneuver by crossing the longitudinal marking separating the driving directions or the one separating the lanes on the same direction;
  • when they move with a speed greater than 50 km/h, they are obliged to perform the overtaking maneuver by crossing with at least half of the width of the motor vehicle over the longitudinal marking separating the driving directions or the one separating the lanes on the same direction.

In conclusion, if you move with 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 cross with half of the width of the motor vehicle over the marking. These above are not only recommendations, these are obligations, and the failure to respect them is sanctioned according to the law.

It must be noted that in the case in which a road sector has this marking made with a continuous line the overtaking of bicycles or electric scooters cannot be performed anymore, 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 lawful option is to move behind these vehicles until the end of the continuous line marking and the beginning of the discontinuous line marking which can be crossed and the overtaking can be lawfully performed.

These legislative provisions related to the overtaking of bicycles or electric scooters were added in 2021 in the traffic legislation.


The correct answer is: A


Recommendations:
Rules regarding performing the overtaking maneuver - Audio-Video Lesson --> Traffic Code - Overtaking

Reference articles

For answer  A 

Regulation** - Article 118

(1) The driver of a vehicle who performs the overtaking is obliged:
a) to make sure that the one following him or the one preceding him has not signalled the intention to begin a similar maneuver and that he can overtake without endangering or hindering the traffic from the opposite direction;
b) to signal the intention to perform the overtaking;
c) to keep during the overtaking a sufficient lateral distance from the overtaken vehicle;
d) to re-enter the lane or in the initial line 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 119

The driver of a vehicle who is about to be overtaken is obliged:
a) not to increase the driving speed;
b) to drive as close as possible to the right edge of the carriageway or of the lane on which he moves.


For answer  B 

The traffic legislation does not provide anything in this regard.


For answer  C 

The traffic legislation does not provide anything in this regard.


Generally applicable

Regulation** - Article 118

[...]
(2) To ensure the lateral safety distance, when overtaking a bicycle or an electric scooter, the drivers of motor vehicles, other than those that move on two wheels, perform this maneuver by crossing over the longitudinal marking separating the driving directions or separating the lanes on the same direction, with at least half of the width of the motor vehicle when its driving speed is greater than 50 km/h, or at least by crossing these markings when the driving 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 (Regulation of the traffic code)

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