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GENERAL Learning Environment Category Tr
Question 757 of 802

In which of the situations is it prohibited to drive on public roads?

A when the registration certificate is damaged;
B when the vehicle is not insured for civil liability, in case of material damages caused to third parties through traffic accidents, according to the law;
C when the driver has not paid the fee for using public roads.

Explanation

For answer A

If the registration or recording certificate is damaged, it is NOT prohibited for you to drive on public roads, but you have the obligation that within no more than 30 days from the date of finding the damage you request the issuance of a new registration or recording certificate.


For answer B

Driving on public roads is prohibited for the vehicle that does not have concluded the civil liability insurance, in case of material damages caused to third parties through traffic accidents (RCA).


For answer C

The fee for using the roads is not charged on all categories of roads, so it is possible to drive on the roads where the usage fee is not charged, for example within county capitals or municipalities.


The correct answer is: B


Recommendations:
The obligations and prohibitions of vehicle drivers - Audio-Video Lesson --> Road Traffic Code - Obligations, prohibitions and aggressive driving
The retention of the registration certificate and the application of other sanctions and technical-administrative measures - Audio-Video Lesson --> Other contravention sanctions and technical-administrative measures

Reference articles

For answer A

OUG* - Article 18

In case of loss, theft, name change or damage of the registration or recording certificate, the owner of the respective vehicle is obliged to request the competent authority to issue a new registration or recording certificate, under the conditions established by the competent authority, within 30 days from the date of declaring the loss or theft, from the date of the name change or from the date of finding the damage, as applicable.


For answer B

OUG* - Article 10

(1) Driving on public roads is prohibited for vehicles that do not meet technical requirements, for those not obligatorily insured for civil liability for damages caused to third parties through traffic accidents, for those whose registration has been suspended, as well as for registered vehicles for which the validity period of the periodic technical inspection has expired or is cancelled.
[...]

RCA LAW**** - Article 3

The obligation to conclude the RCA contract

Natural or legal persons who own vehicles subject to registration or recording in Romania, as well as trams, have the obligation to insure themselves for civil liability for damages caused through vehicle accidents within the territorial limits provided in art. 2 point 18.

RCA LAW**** - Article 37

[...]
(9) The violation by natural or legal persons of the insurance obligation provided in art. 3 and the obligations provided in art. 6 paragraphs (6) and (7) constitutes a contravention and is sanctioned with a fine from 1,000 lei to 2,000 lei and with the retention of the registration/recording certificate of the vehicle until the presentation of the document regarding the conclusion of the insurance. The finding and application of these are performed by police personnel.
[...]

OUG* - Article 112

(1) The registration or recording certificate or its replacement document is retained by the traffic police in the following cases:
[...]
s) the vehicle is not insured for civil liability in case of damages caused to third parties through traffic accidents, according to the law;
[...]
(2) In the situations provided in paragraph (1) letters b), c), e), g), h^1), k), o), p), r), s) when retaining the registration or recording certificate, the traffic police officer issues the driver of the vehicle a replacement document without the right to drive, and 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 document with the right to drive for 15 days.
[...]
(3) In the situations provided in paragraph (1) letters b), o), p), r) and s), at the same time as retaining the registration certificate, the traffic police officer also withdraws the registration or recording number plates.
[...]


For answer C

NORMS of September 21, 2018*** - Article 1

[...]
(2) The usage fee is paid depending on the type of vehicle and applies in a non-discriminatory manner to Romanian and foreign users for all vehicles temporarily or permanently registered that use the national road network of Romania during a given period.
(3) The passage fee is paid depending on the type of vehicle and applies in a non-discriminatory manner to Romanian and foreign users for all vehicles temporarily or permanently registered that use a certain distance on a road section, bridge, tunnel or mountain pass that are part of the national road network of Romania.
[...]


* 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)
*** NORMS of September 21, 2018 = METHODOLOGICAL NORMS of April 28, 2015 (updated) for the application by CNAIR of the usage and passage fee
**** RCA LAW = LAW no. 132 of May 31, 2017 regarding the mandatory civil liability insurance for damages caused to third parties through vehicle and tram accidents updated (RCA LAW)

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