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GENERAL Learning Environment Category Tr
Question 708 of 802

For which of the acts below are penalty points applied?

A for the driving of the vehicle by a person other than the owner;
B for driving the vehicle without one of the licence plates with the registration number;
C the engine emissions reach the legally allowed limit.

Explanation

For answer  A 

A vehicle can be driven by a person other than the owner, but with the owner’s consent. Therefore, since this is not prohibited, it will not be sanctioned with penalty points or with the application of another sanction.

It must be known that, at the request of the traffic police or the local police, the owner or the mandated holder of a vehicle is obliged to communicate to them, within the time indicated in the request, the identification data of the person to whom they entrusted the vehicle to drive it on public roads. Failure to comply with this obligation constitutes a contravention and is sanctioned with the fine provided in the fourth class of sanctions.


For answer  B 

Driving on public roads of a vehicle without having one of the licence plates with the registration number or the registration plate mounted constitutes a contravention and is sanctioned with the fine provided in the fourth class of sanctions, with the application of 6 penalty points and with the retention of the registration certificate or registration document, a replacement proof being issued with the right to drive for 15 days.


For answer  C 

If the emissions released by the engine reach the legally allowed limit, therefore do not exceed it, the motor vehicle can circulate. If this is not prohibited, because the emissions released by the engine do NOT exceed the legally allowed limit, it will not be sanctioned with penalty points or with the application of another sanction.


The correct answer is: B


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

Reference articles

For answer  A 

OUG* - Article 39

(1) At the request of the traffic police or the local police, the owner or the mandated holder of a vehicle is obliged to communicate to them, within the time indicated in the request, the identification data of the person to whom they entrusted the vehicle to drive it on public roads. The local police may request this identification data only in connection with the exercise of competences in the field of traffic on public roads.
(2) The obligation to communicate the identification data, provided in paragraph (1), is considered fulfilled if the owner or the mandated holder of a vehicle communicates the name, surname, personal identification number, domicile or residence, number and series of the identity document of the person to whom they entrusted the vehicle to drive it on public roads, or, in the case of foreign citizens, stateless persons or Romanian citizens residing abroad, also the series and number of the passport or of another state border crossing document, the date of its issuance and the issuing state.
[...]

OUG* - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in the fourth class of sanctions the following acts committed by natural persons:
[...]
14. failure by the owner or the mandated holder of a vehicle to communicate, within the time indicated in the request of the traffic police or local police, as the case may be, the identification data of the person to whom they entrusted the vehicle to drive it on public roads, provided in Article 39;
[...]


For answer  B 

OUG* - Article 15

[...]
(5) It is prohibited the putting into circulation of a vehicle, registered or recorded, that does not have licence plates with the registration number or registration plates mounted assigned by the competent authority or if these are not compliant with the standards in force, as well as in the case in which the registration or record certificate is retained, and its replacement proof is issued without the right to drive or its validity period has expired. The situation in which the driver has not presented the registration or record document at the moment of finding the act for which this emergency ordinance provides the retention of the registration or record certificate is also considered as a prohibition of putting a vehicle into circulation.
[...]

OUG* - Article 102

(1) Constitute contraventions and are sanctioned with the fine provided in the fourth class 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 motor vehicle, agricultural or forestry tractor or tram who commits an act for which 6 penalty points are applied, according to Article 108 paragraph (1) letter d).
[...]

OUG* - Article 108

(1) The committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions attracts, in addition to the fine sanction, the application of a number of penalty points, as follows:
[...]
d) 6 penalty points for the committing of the following acts:
[...]
4. driving on public roads of a vehicle without having mounted one of the licence plates with the registration number or the registration plates or if the licence plates with the registration number or the registration plates are not fixed in the specially designated places;
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of this is retained by the traffic police in the following cases:
[...]
u) the vehicle does not have one of the licence plates with the registration number or the registration plates mounted;
[...]
(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 to drive for 15 days.
[...]


For answer  C 

Regulation* - Article 148

Is prohibited the driver of a motor vehicle, agricultural or forestry tractor or tram:
[...]
16. to drive a vehicle that releases emissions over the legally allowed limit or whose noise in motion or standing exceeds the sound threshold provided by law or that has mounted on the exhaust system non-approved devices;
[...]

OUG* - Article 100

(1) Constitute contraventions and are sanctioned with the fine provided in the second class of sanctions the following acts committed by natural persons:
[...]
7. driving a motor vehicle and agricultural or forestry tractor which, in motion or standing, pollutes by noise or releases emissions over the legally allowed limit;
[...]

OUG* - Article 112

(1) The registration or record certificate or the replacement proof of this is retained by the traffic police in the following cases:
[...]
j) the engine releases polluting emissions over the legally allowed 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 to drive 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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