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GENERAL Learning Environment Category Tr
Question 779 of 802

In which of the following cases, in addition to the contravention fine, is the driving licence also retained?

A failure to stop at the signal of authorised persons in the public road works area;
B non‑compliance with the officers’ signals at the passing of official columns;
C failure to stop at the signal of the railway agent.

Explanation

For answer  A 

Failure to stop at the signal of authorised persons in the public road works area is considered a contravention and is sanctioned with the contravention fine provided in the second class of sanctions. For this act, the measure of retaining the driving licence is not applied.


For answer  B 

Non‑compliance with the traffic rules at the passing of an official column or intercalating into such a column is considered a contravention and is sanctioned with the contravention fine provided in the third class of sanctions and with the suspension of the exercise of the right to drive for a period of 60 days. For this contravention, the measure of retaining the driving licence is ordered for the purpose of suspending the right to drive.

Failure to comply with the signals, indications and orders of the traffic police officer while performing service duties is considered a contravention and is sanctioned with the contravention fine provided in the second class of sanctions and with the suspension of the exercise of the right to drive for a period of 30 days. For this contravention, the measure of retaining the driving licence is ordered for the purpose of suspending the right to drive.


For answer  C 

Failure to stop at the signal of the railway agent is considered a contravention and is sanctioned with the contravention fine provided in the fourth class of sanctions and with the application of 6 penalty points. For this act, the measure of retaining the driving licence is not applied.


The correct answer is: B


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

Reference articles

For answer  A 

OUG* - Article 100

(1) The following acts committed by natural persons constitute contraventions and are sanctioned with the fine provided in the second class of sanctions:
1. failure to comply with the signals of the border police officers at the crossing points of the state border of Romania, of the traffic guides of the Ministry of National Defence, of the personnel of the mobile teams within the Romanian Customs Authority, as well as of the fiscal bodies within the National Agency for Fiscal Administration, of the railway agents, of the persons designated for directing the traffic on the road sections where rehabilitation works are being carried out, as well as those of the school traffic patrols and of the visually impaired;
[...]


For answer  B 

OUG* - Article 111

(1) The driving licence or the substitute proof thereof is retained in the following cases:
[...]
c) upon the commission of one of the contraventions provided in art. 100 paragraph (3)art. 101 paragraph (3), art. 102 paragraphs (3) and (4) and in the situation provided in art. 115 paragraph (1);
[...]
(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 paragraphs (1) and (3) of the Criminal Code, the substitute proof of the driving licence is issued with the right to drive for a period of 15 days.
[...]

OUG* - Article 100

[...]
(3) The commission by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts constitutes a contravention and is sanctioned with the fine provided in the second class of sanctions and with the application of the complementary contravention sanction of the suspension of the exercise of the right to drive for a period of 30 days:
[...]
f) failure to comply with the signals, indications and orders of the traffic police officer while performing service duties;
[...]

OUG* - Article 101

[...]
(3) The commission by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts constitutes a contravention and is sanctioned with the fine provided in the third class of sanctions and with the application of the complementary contravention sanction of the suspension of the right to drive for a period of 60 days:
[...]
c) failure to comply with the traffic rules at the passing of an official column or intercalating into such a column;
[...]


For answer  C 

OUG* - Article 102

(1) The following acts committed by natural persons constitute contraventions and are sanctioned with the fine provided in the fourth class of sanctions:
[...]
(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 art. 108 paragraph (1) letter d).
[...]

OUG* - Article 108

(1) The commission by the driver of a motor vehicle, agricultural or forestry tractor or tram of one or more contraventions entails, in addition to the fine, the application of a number of penalty points, as follows:
[...]
d) 6 penalty points for committing the following acts:
[...]
2. failure to comply with the meaning of the regulatory signals of the railway agents who direct the traffic at the level crossings with the railway;
[...]


* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)

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