Step 3 » GENERAL learning environment Category Tr

For answer A

The criminal fine applies in the case of offences. In this question it is about contravention sanctions.

For answer B

Sanctioning with a fine, and if applicable, the warning (the admonition) cannot be applied. Either the fine is applied or the verbal or written warning is applied. Both the warning (admonition) and the fine cannot be applied.

For answer C

Contraventions are sanctioned with a warning or with a fine as the MAIN sanction and, if applicable, with one of the complementary contravention sanctions, among which are also the application of penalty points and the suspension of the exercise of the right to drive.

The road legislation establishes, starting from 2024, that for contraventions for which both a fine and the suspension of the exercise of the right to drive apply, provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4), the warning shall not be applied instead of the contravention fine. Thus, for these contraventions the contravention fine provided by the legal articles that sanction the respective acts will be applied mandatorily.

The correct answer is: C

Recommendations:

The difference between offences and contraventions - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Introduction to contravention sanctions - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points

OUG* - Article 95

(1) The violation of the provisions of this emergency ordinance, other than those that constitute the constituent elements of an offence, constitutes a contravention and is sanctioned with a warning or with the fine as the main sanction and, if applicable, with one of the complementary contravention sanctions provided in art. 96 paragraph (2).
(1^1) By derogation from the provisions of art. 7 paragraph (3) of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002, with subsequent amendments and completions, for the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and art. 105 the warning sanction shall not be applied.
(2) The warning consists of the verbal or written admonition of the offender, accompanied by the recommendation to respect the legal provisions.
[...]

OUG* - Article 96

(1) The complementary contravention sanctions aim to remove a state of danger and to prevent the committing of other acts prohibited by law and are applied through the same report by which the main sanction of the fine or warning is applied.
(2) The complementary contravention sanctions are the following:
a) the application of penalty points;
b) the suspension of the exercise of the right to drive, for a limited time;
c) the confiscation of goods intended for committing the contraventions provided in this emergency ordinance or used for this purpose;
d) repealed;
e) the ex officio deregistration of the registration or recording of the vehicle, in the cases provided in art. 17 paragraph (4);
f) repealed;
[...]

* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)