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GENERAL Learning Environment Category Tr
Question 403 of 802

In the event of being involved in an accident, are you allowed to leave its location without the approval of the police, if bodily injury to a person has resulted?

A yes, if the accident did not occur due to your fault;
B yes, if your car was not damaged;
C no.

Explanation

If you have been involved in a traffic accident in which death or bodily injury or health impairment of a person has resulted, you are obliged to notify the police immediately at the national single emergency call number 112, not to alter or delete the traces of the accident, being prohibited from leaving the scene without the approval of the police or the prosecutor who conducts the investigation. Failure to comply with the prohibition of leaving the scene is considered an offense and is punishable by imprisonment from 2 to 7 years, in which case the driving license is retained for the purpose of its cancellation and a replacement document without the right to drive is issued.

However, IT IS NOT considered an offense the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports the injured person himself to the nearest hospital, having the obligation to declare the personal identification data and the registration or record number of the driven vehicle, data that will be entered in a special register, and to return immediately to the accident location.

The correct answer is: C


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offenses related to leaving the accident location or altering traces - Audio-Video Lesson --> Offenses regarding traffic on public roads; Difference between offenses and contraventions

Reference Articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident in which the death or injury of a person has resulted is obliged to take measures for the immediate notification of the police, not to alter or delete the traces of the accident and not to leave the scene.
(2) Any person who is involved in or is aware of a traffic accident in which the death or injury of one or more persons has resulted, as well as when a vehicle transporting dangerous goods is involved in the event, is obliged to notify the police immediately and call the national single emergency number 112, available in telephone networks in Romania.
(3) It is prohibited for any person to change the position of the vehicle involved in a traffic accident in which the death or injury of one or more persons has resulted, to alter the state of the place or to delete the traces of the accident without the approval of the police investigating the accident.

Criminal Code*** - Article 338

(1) Leaving the accident location without the approval of the police or the prosecutor who investigates the scene, by the driver of the vehicle or by the driving instructor, during the training process, or by the examiner of the competent authority, during the practical tests of the examination for obtaining the driving license, involved in a traffic accident, is punishable by imprisonment from 2 to 7 years.
[...]
(3) It is not an offense to leave the accident location when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports the injured persons himself to the nearest medical unit able to provide necessary medical assistance and where he has declared the personal identification data and the registration or record number of the driven vehicle, entered in a special register, if he returns immediately to the accident location;
[...]

OUG* - Article 111

(1) The driving license or its replacement document is retained in the following cases:
[...]
b) when its holder has committed one of the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
(3) In the situations provided in paragraph (1) letters a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) of this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions, the replacement document of the driving license is issued without the right to drive.
[...]

OUG* - Article 114

(1) The cancellation of the driving license issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving license has been convicted, by a final court decision, for the offenses provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) of Law no. 286/2009, with subsequent amendments and completions;
[...]


* OUG = 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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