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GENERAL Learning Environment Category Tr
Question 770 of 802

Which of the acts below entail the suspension of the exercise of the right to drive for a period of 90 days?

A driving under the influence of alcoholic beverages;
B driving under the influence of narcotic products;
C driving an unregistered vehicle.

Explanation

For answer A

Driving under the influence of alcoholic beverages, if the act does not constitute an offence, the driver having an alcohol concentration lower than 0.80 g/l pure alcohol in the blood, constitutes a contravention and is sanctioned with the contravention fine provided in class IV of sanctions and with the suspension of the exercise of the right to drive for 90 days. If he has an alcohol concentration of over 0.80 g/l pure alcohol in the blood, the act is punished criminally, with imprisonment from one to 5 years or with a fine.


For answer B

Driving a vehicle for which the law provides the obligation of holding a driving licence by a person under the influence of psychoactive substances is considered an offence and is punished criminally, with imprisonment from one to 5 years or with a fine.


For answer C

Driving on public roads a motor vehicle, a tram or an agricultural or forestry tractor that is unregistered or unrecorded is considered an offence and is punished criminally, with imprisonment from one to 3 years or with a fine.


Therefore the correct answer is: A


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 for collecting samples
Class IV contraventions - Audio-Video Lesson --> Class IV contraventions; Licence suspension 90 or 120 days; Application of 6 penalty points
Offences related to driving an unregistered vehicle - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions
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

Reference articles

For answer A

OUG* - Article 102

[...]
(3) Constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of the suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) driving under the influence of alcoholic beverages, if the act does not constitute, according to the law, an offence;
[...]

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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
c) at the committing of one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (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 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 the right to drive.
[...]

Criminal Code*** - Article 336

(1) Driving on public roads of a vehicle for which the law provides the obligation of holding a driving licence by a person who has an alcohol concentration of over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine.
[...]

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;
[...]


For answer B

Criminal Code*** - Article 336

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

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 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 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 the right to drive.
[...]

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 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 337, art. 338 paragraph (1), art. 339 paragraphs (2), (3) and (4) of the Criminal Code;
[...]


For answer C

Criminal Code*** - Article 334

Putting into circulation or driving an unregistered vehicle

(1) Putting into circulation or driving on public roads a motor vehicle, a tram or an agricultural or forestry tractor that is unregistered or unrecorded, according to the law, is punished with imprisonment from one to 3 years or with a fine.
[...]

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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
[...]
(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 paragraph (1) and (3) of the Criminal Code, the replacement proof of the driving licence is issued with the right to drive for a period of 15 days.


* 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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