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GENERAL Learning Environment Category Tr
Question 721 of 802

May the driver of a vehicle involved in an accident resulting in the death or injury of a person leave the scene without the approval of the police?

A yes, if the vehicle has blocked the traffic;
B yes, if the accident did not occur through his fault;
C no, since the act constitutes an offence.

Explanation

If you were involved in a traffic accident in the aftermath of which resulted the death or the injury of bodily integrity or the health of a person you are obliged to notify the police immediately at the single national emergency call number 112, to not modify or delete the traces of the accident, being prohibited for you to leave the scene without the approval of the police or of the prosecutor who carries out the investigation. Non-compliance with the prohibition to leave the scene is considered an offence and is punished with imprisonment from 2 to 7 years, in which case the driving licence is retained for its cancellation and a replacement proof is issued without driving rights.

However, IT IS NOT an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident himself transports the injured person to the nearest hospital, this one having the obligation to declare the personal identification data and the registration or recording number of the driven vehicle, data that will be recorded in a special register, and to return immediately to the place of the accident.

The correct answer is: C


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences regarding leaving the accident scene 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 the aftermath of which resulted the death or the injury of a person is obliged to take measures to immediately notify the police, to not modify or delete the traces of the accident and to not leave the scene.
(2) Any person who is involved or has knowledge of the occurrence of a traffic accident in the aftermath of which resulted the death or the injury of one or more persons, as well as in the situation in which the event involves a vehicle transporting dangerous goods is obliged to immediately notify the police and to call the single national 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 in the aftermath of which resulted the death or the injury of one or more persons, to modify the state of the place or to delete the traces of the accident without the approval of the police who investigates the accident.

Criminal Code*** - Article 338

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

OUG* - Article 111

(1) The driving licence or its replacement proof 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) 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 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 driving rights.
[...]

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, through 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;
[...]


* 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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