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GENERAL Learning Environment Category Tr
Question 705 of 802

Is it permitted for a driver of a vehicle, involved in a traffic accident resulting in the death or injury of a person, to leave the scene of the act?

A yes, provided that he leaves the vehicle at the scene of the accident;
B yes, if the victim was transported to the hospital;
C no, without the approval of the police authorities.

Explanation

The driver of a vehicle involved in a traffic accident as a result of which the death or injury of bodily integrity or the health of a person resulted, is obliged to immediately notify the police, not to modify or delete the traces of the accident and is not permitted to leave the scene of the act. He may leave the scene of the act with the approval of the police, who investigate the accident.

If he leaves the scene of the act without the approval of the police, the act constitutes an offense and is punishable by imprisonment from 2 to 7 years. But it must be known that if, in the absence of other means of transport, the driver of the vehicle transports himself the injured persons to the nearest hospital and declares the personal data and the number of the vehicle driven, these being recorded in a special register, and if he returns immediately to the scene of the accident, IT DOES NOT CONSTITUTE AN OFFENSE.

The correct answer is: C


Recommendations:
Obligations and prohibitions in case of an accident - Audio-Video Lesson --> Obligations and prohibitions in case of an accident
Offenses related to leaving the scene of the accident or modifying the traces - Audio-Video Lesson --> Offenses regarding traffic on public roads; The difference between offenses and contraventions

Reference articles

OUG* - Article 77

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

Criminal Code*** - Article 338

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

OUG* - Article 111

(1) The driving license or the replacement proof of it 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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, as amended and supplemented;
[...]
(3) In the situations provided in paragraph (1) letter 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 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, as amended and supplemented, the replacement proof 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, as amended and supplemented;
[...]


* 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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