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GENERAL Learning Environment Category Tr
Question 588 of 802

Can you change the position of the vehicle if you are involved in a traffic accident?

A yes, after you have given first aid to the victims;
B yes, after you have notified the police;
C yes, if the accident resulted only in damage.

Explanation

For answer  A 

If you were involved in a traffic accident in which death or injury to the bodily integrity or health of a person resulted, you are obliged to immediately notify the police and call the single national emergency number 112, not to modify or erase the traces of the accident and not to leave the scene. Therefore, in the case of answer A, even if you do or do not give first aid to the victims, the position of the vehicle cannot be changed.


For answer  B 

After notifying the police, the position of the vehicle CANNOT be changed in all situations. If the accident resulted in death or injury to the bodily integrity or health of a person, the position of the vehicle CANNOT be changed, even if you have notified the police; in this situation you are obliged to immediately notify the police and call the single national emergency number 112, not to modify or erase the traces of the accident and not to leave the scene.

However, if the accident resulted only in damage to the vehicles and/or other material damages (without victims), the position of the vehicle may be changed, and the police will be notified at the competent police unit in the area where the accident occurred within no more than 24 hours from the occurrence of the event.


For answer  C 

The driver of the vehicle involved in a traffic accident in which only damage to the vehicles and/or other material damages resulted (without victims) is obliged to immediately remove the vehicle outside the carriageway or, if the condition of the vehicle does not allow this, to move it as close as possible to the curb or shoulder, signalling its presence, and to present themselves at the competent police unit in the area where the accident occurred within no more than 24 hours from the occurrence of the event for the preparation of the finding documents.

There are exceptions to this obligation to present yourself at the competent police unit in the area where the accident occurred within no more than 24 hours from the occurrence of the event:

  • drivers of vehicles who conclude an amicable accident report, according to the law;
  • the driver of a vehicle who holds optional motor damage insurance, and the traffic accident resulted only in damage to their own vehicle.

We recommend that you also consult the articles of the updated traffic legislation found slightly below.


The correct answer is: C


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences related to leaving the scene of the accident or modifying the traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences 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 resulted is obliged to take measures for the immediate notification of the police, not to modify or erase the traces of the accident and not to leave the scene.
[...]
(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 resulted, to modify the state of the place or to erase the traces of the accident without the approval of the police investigating the accident.

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the approval of the police or the prosecutor conducting the investigation of 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 licence, involved in a traffic accident, is punishable by imprisonment from 2 to 7 years.
[...]
(2) With the same penalty is also sanctioned the act of any person to modify the state of the place or to erase the traces of the traffic accident from which the killing or injury of the bodily integrity or health of one or more persons resulted, without the consent of the on-site investigation team.
[...]
(3) Leaving the scene of the accident is not an offence when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, personally transports the injured persons to the nearest medical unit able to provide the necessary medical assistance, where he declared his personal identification data and the registration number of the driven vehicle, recorded in a special register, if he returns immediately to the scene of the accident;
[...]


* OUG = GOVERNMENT 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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