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GENERAL Learning Environment Category Tr
Question 778 of 802

What obligations does the driver of the vehicle who has hit a pedestrian who crossed the road in a prohibited place have?

A to present himself urgently to the nearest police unit;
B since he is not responsible for the accident, he may leave the scene;
C to notify the police and, in the absence of other means of transport, to transport him himself to the nearest medical unit, then to return to the scene of the accident.

Explanation

The driver of the vehicle who has hit a pedestrian who crossed the road, regardless of whether the pedestrian was crossing in compliance with the rules or not, is obliged to notify the police, to not modify the traces of the accident and to not leave the scene of the act. In this case is prohibited the leaving of the scene of the act without the approval of the police or of the prosecutor who carries out the investigation. Failure to respect the prohibition of leaving the scene of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

Nevertheless, it does NOT constitute an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports himself the injured person to the nearest hospital, this one having the obligation to declare the personal identification data and the registration number or record of the vehicle driven, data which will be recorded in a special register, and to return immediately to the scene 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 scene of the accident 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 as a result of which the death or injury of a person resulted is obliged to take measures of immediate notification of the police, to not modify or erase the traces of the accident and to not leave the scene of the act.
[...]

Criminal Code*** - Article 338

(1) Leaving the scene of the accident, without the approval of the police or of the prosecutor who carries out 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, being 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 does not constitute an offence leaving 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 give the necessary medical assistance and at which he declared the personal identification data and the registration number or record of the vehicle driven, recorded in a special register, if he returns immediately to the scene of the accident;
[...]


* 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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