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GENERAL Learning Environment Category Tr
Question 652 of 802

Which of the following acts constitute offences?

A failure to comply with the signals of the police officers when passing official convoys;
B driving under the influence of products or substances with stupefying effects or of medicines with similar effects;
C exceeding the legal speed limit by more than 50 km/h.

Explanation

For answer  A 

Failure to comply with the traffic rules when passing an official convoy or inserting into such a convoy is considered contravention and is sanctioned with the contravention fine provided in class III of sanctions and with the application of the measure of retaining the driving licence with a view to suspending the exercise of the right to drive for a period of 60 days. Failure to comply with these rules is NOT considered offence.

Failure to comply with the signals, indications and orders of the traffic police officer performing service duties is considered contravention and is sanctioned with the contravention fine provided in class II of sanctions and with the application of the measure of retaining the driving licence with a view to suspending the exercise of the right to drive for a period of 30 days. Failure to comply with these rules is NOT considered offence.


For answer  B 

Driving a vehicle for which the law requires holding a driving licence by a person under the influence of products or substances with stupefying effects or of medicines with similar effects is considered offence and is punished criminally with imprisonment from one to 5 years or with fine.


For answer  C 

Exceeding the legal speed limit by more than 50 km/h is NOT considered offence, it is considered contravention and is sanctioned with the contravention fine from class IV and with the application of the measure of retaining the driving licence with a view to suspending the exercise of the right to drive for a period of 90 days for exceeding by more than 50 km/h or 120 days for exceeding by more than 70 km/h.


The correct answer is: B


Recommendations:
The difference between offences and contraventions - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions
Driving under the influence of alcohol and/or psychoactive substances - Audio-Video Lesson --> Driving under the influence of alcohol and/or psychoactive substances and the procedure of sample collection
Offences related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions
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; Suspension of licence 30 days; Application of 3 penalty points
Contraventions from class III - Audio-Video Lesson --> Class III contraventions; Suspension of licence 60 days; Application of 4 penalty points
Contraventions from class IV - Audio-Video Lesson --> Class IV contraventions; Suspension of licence 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 answer  A 

OUG* - Article 100

[...]
(3) Constitute contravention and are sanctioned with the fine provided in class II of sanctions and with the application of the complementary contravention sanction of suspending the exercise of the right to drive for a period of 30 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
f) failure to comply with the signals, indications and orders of the traffic police officer performing service duties;
[...]

OUG* - Article 101

[...]
(3) Constitute contravention and are sanctioned with the fine provided in class III of sanctions and with the application of the complementary contravention sanction of suspending the right to drive for a period of 60 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
c) failure to comply with the traffic rules when passing an official convoy or inserting into such a convoy;
[...]

OUG* - Article 111

(1) The driving licence or the replacement proof of it is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3)art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with right of circulation for a period of 15 days.
[...]


For answer  B 

Criminal Code*** - Article 336

(1) Driving on public roads a vehicle for which the law requires holding a driving licence by a person who has an alcohol level over 0.80 g/l pure alcohol in blood is punished with imprisonment from one to 5 years or with fine.
(2) With the same penalty is sanctioned the person under the influence of psychoactive substances who drives a vehicle for which the law requires holding a driving licence.
[...]

OUG* - Article 111

(1) The driving licence or the replacement proof of it is retained in the following cases:
[...]
b) when its holder has committed one of the offences 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 proof of the driving licence is issued without right of circulation.
[...]

OUG* - Article 114

(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving licence has been convicted, by a final court decision, for the offences 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;
[...]


For answer  C 

OUG* - Article 102

[...]
(3) Constitute contravention and are sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
[...]
e) exceeding by more than 50 km/h the maximum speed allowed on the respective road sector and for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means.
[...]

(4) Constitute contravention and are sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 120 days the committing by the driver of motor vehicle or agricultural or forestry tractor of the following acts:
a) exceeding by more than 70 km/h the maximum speed allowed on the respective road sector and for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means;
[...]

OUG* - Article 111

(1) The driving licence or the replacement proof of it is retained in the following cases:
[...]
c) when committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(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 proof of the driving licence is issued without right of circulation.
[...]
(5) In the situations provided in paragraph (1) letters e) and g), in art. 100 paragraph (3), in art. 101 paragraph (3), in art. 102 paragraph (3) letters b), e) and f) of this emergency ordinance, as well as in art. 334 paragraphs (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with right of circulation for a period of 15 days.

OUG* - Article 108

(1) The committing by the driver of motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, in addition to the fine sanction, the application of a number of penalty points, as follows:
a) 2 penalty points for committing the following acts:
[...]
4. exceeding by 10-20 km/h the maximum speed allowed on the respective road sector for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means;
[...]

b) 3 penalty points for committing the following acts:
[...]
2. exceeding by 21-30 km/h the maximum speed allowed on the respective road sector for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means;
[...]

c) 4 penalty points for committing the following acts:
[...]
3. exceeding by 31-40 km/h the maximum speed allowed on the respective road sector for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means;
[...]

d) 6 penalty points for committing the following acts:
[...]
3. exceeding by 41-50 km/h the maximum speed allowed on the respective road sector for the category to which the driven motor vehicle belongs, established, according to the law, with homologated and metrologically verified technical means;
[...]


* OUG = EMERGENCY ORDINANCE no. 195 of 12 December 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of 17 July 2009 updated (LAW no. 286/2009)

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