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GENERAL Learning Environment Category Tr
Question 498 of 802

In which of the situations is the immobilization of a vehicle ordered?

A the driver of the vehicle does not have with him the driving license;
B the technical condition of the vehicle deteriorates the public road or affects the environment;
C the driver of the car does not have with him the registration certificate.

Explanation

For answers  A  and  C 

The immobilization of a vehicle is not ordered in the case in which the driver does not have with him the registration certificate or the driving license. This contravention is sanctioned with the fine provided in the class III of sanctions.


For answer  B 

If the technical condition of the car deteriorates the public road or affects the environment, it will be sanctioned with contravention and the immediate measure of immobilization of the vehicle will be ordered.


The correct answer is: B


Recommendations:
Contraventions from class I - Audio-Video Lesson --> Introduction to contravention sanctions; Class I contraventions; Application of 2 penalty points
Contraventions from class II - Audio-Video Lesson --> Class II contraventions; License suspension 30 days; Application of 3 penalty points
Contraventions from class III - Audio-Video Lesson --> Class III contraventions; License suspension 60 days; Application of 4 penalty points
Contraventions from class IV - Audio-Video Lesson --> Class IV contraventions; License suspension 90 or 120 days; Application of 6 penalty points
Other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answers  A  and  C 

Regulation** - Article 147

The driver of a car, agricultural or forestry tractor or tram is obliged:
1. to have with him the identity document, the driving license, the registration certificate or the registration and, as the case may be, the professional certificate, as well as the other documents provided by the legislation in force;
[...]

OUG* - Article 35

[...]
(2) The participants in traffic are obliged that, at the request of the traffic police officer, to hand him the identity document or, as the case may be, the driving license, the registration document or the registration of the driven vehicle, the documents related to the transported goods, as well as other documents provided by the law.
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:
[...]
18. failure to comply with the obligation of the driver of the vehicle to have with him the documents provided in art. 35 paragraph (2).
[...]

OUG* - Article 101

(1) Constitute contraventions and are sanctioned with the fine provided in the class III of sanctions the following acts committed by natural persons:
[...]
(2) The contravention fine provided in paragraph (1) is also applied to the driver of a car, 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 a car, 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. refusal of handing the identity document, the driving license, the registration certificate or the registration, the other documents provided by the law, at the request of the traffic police officer, as well as the refusal to allow the verification of the vehicle;
[...]


For answer  B 

OUG* - Article 96

[...]
(7) The immobilization of a vehicle consists in removing it outside the carriageway, on the shoulder or as close as possible to the edge of the road, and making it impossible to move 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 the committing by its driver of one of the acts provided in art. 117 paragraph (1).

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:
[...]
b) driving a vehicle that deteriorates the public road or affects the environment or that presents dangerous deficiencies in the braking system or in the steering mechanism;
[...]

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the class II of sanctions the following acts committed by natural persons:
[...]
7. driving a car and agricultural or forestry tractor which, in motion or stationary, produces sound pollution or emits noxious gases over the legally admitted limit;
[...]

OUG* - Article 112

(1) The registration certificate or the registration or the replacement proof of it is retained by the traffic police in the following cases:
[...]
j) the engine emits polluting noxious gases over the legally admitted limits;
[...]
(2) […] in the cases provided in paragraph (1) letters a), d), f), h), i), j), l), m), n), t), u), v), x) and y) a replacement proof with the right of circulation for 15 days.
[...]


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

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