OUG no. 195 of 2002 on the Road Code comes with a multitude of new amendments, including new sanctions.
Among other things, aggressive drivers who may endanger the integrity or life of other road participants will be severely penalized. Drivers have new obligations and must follow a number of new rules in order to avoid fines.
We find the sanction of suspension of the right to drive for a period of 30 days by:
- Passing the columns of vehicles at traffic lights or railways as well as not respecting to the meaning of the red color of the traffic light and the signals, indications, provisions of the traffic police,
- failure to report to the police unit following an accident resulting in damage (except for art. 79 para. 2),
- use of mobile phones while violating another traffic rule and adopting aggressive driving behavior (except for accidents).
Aggressive driving behavior means performing, on the public road, by the driver, maneuvers designed to endanger one / more drivers, such as:
- the successive movement from one lane to another or from one row to another, alternating from left to right, in order to overtake a series of vehicles traveling in the same direction;
- turning the vehicle by using the auxiliary brake;
- -driving a vehicle at a very short distance from another vehicle, in front of or behind it, as well as to the side, or a sudden reduction in speed without good reason, just to intimidate the driver of the car;
In addition, the sanction of suspension of the right to drive for a period of 60 days shall apply to:
- Failure to follow the rules regarding the red light of the traffic light if a road accident has occurred,
- non-compliance of the rules on overtaking, as well as the temporary traffic ban imposed on a certain segment of public road, the traffic rules when crossing an official column or interspersed in such a column,
- traffic in the opposite direction (and if a road accident has occurred, it is increased by 30 days
- not giving priority to pedestrians engaged in the regular crossing of the road or vehicles that have this right.
- What is added to this category, is the adoption of aggressive behavior but resulting in a car accident.
- Also, all the above include a validity of the 15-day traffic proof, except for the first case, which has no validity.
Regarding the suspension of the right to drive for a period of 120 days:
- driving under the influence of alcohol (if A.R.P.M. has occurred, it is increased by 30 days according to art. 103 para. 9 – suspension 120 days),
- -dangerous deficiencies of the braking system or steering mechanism,
- exceeding the maximum permitted speed by more than 50 km / h,
- possession / installation / use of special means of audible or light warning on vehicles which do not have this right,
- non-compliance with the rules regarding priority or exceeding, (if this caused the A.R.P.M.)
Also, the unjustified driving on the emergency lane of the highways, exceeding by more than 70 km / ha the maximum allowed speed, not stopping at the level crossing with the railway, performing, on the highway, the turning / reversing maneuver, the traffic in opposite direction / crossing from one direction of traffic to the other through the forbidden areas, (if ARPM has occurred, it is increased by 30 days according to art. 103 paragraph 9 – suspension 150 days).
It should be noted that there is no period of validity of the proof of driving for the preceding cases.
Finally, as regards the sanction of suspension of the right to drive, there is the sanction of suspension for a period of 180 days:
- when the deed of the driver of the motor vehicle or tram was prosecuted as a crime and the prosecutor or the court ordered the dismissal, the discontinuing of the criminal investigation or the postponement of the application of the punishment if the obligation provided in art. 85 para. (2) lit. g) of the Criminal Code,
- -in the event of a traffic accident that resulted in the death or personal injury of a person, if a traffic rule was violated, for which this emergency ordinance provides for the suspension of the exercise of the right to drive and the court or prosecutor ordered the classification under art. . 16 para. (1) lit. b), e) and g) of the C.P.P., the renunciation of the criminal investigation, the renunciation of the application of the punishment or the postponement of the application of the punishment if the obligation provided in art. 85 para. (2) lit. g) of the Criminal Code or the termination of the criminal trial under the conditions of art. 16 para. (1) lit. e) and g) of the Code of Criminal Procedure)
- -when the owner of the driving license was convicted by a court decision that remained final for the offenses provided in 334 para. (1) and (3) of the Criminal Code.
The ordinance also provides for situations of reduction of the suspension period as well as situations in which it is not possible, but also circumstances whereby testing is mandatory.
Therefore, the situations in which the period of suspension may be reduced by one third, provided that they are possible only for certain infringements, are the following:
– When the person has been declared admitted to the test of knowledge of traffic rules
– The driver’s license was obtained at least one year before the crime was committed.
- It should be noted that the test of knowledge of traffic rules shall be taken until the 20th day, including the period of suspension, at any traffic police service, in accordance with Article 106.
On the other hand, it is not possible to reduce the suspension period when:
- The driver has again accumulated at least 15 penalty points in the next 12 months from the expiry of the last suspension of the exercise of the right to drive
- The complementary contravention sanction was ordered for committing the contraventions provided in art. 102 para. (3) lit. a) or art. 102 para. (4)
- The suspension period has been increased, according to the law
- The period of suspension of the exercise of the right to drive is applied by
- the sum of several periods of suspension provided by law, of which at least
- one provided by art. 102 para. (3) or art. 102 para. (4).
Eventually, mandatory testing is provided for in Article 106 ^ 1, paragraphs 1, 2 and 3, where the following situations are mentioned:
- -in the case of driving under the influence of alcohol or
- -by failing to comply with the rules regarding the right-of-way, overtaking or overtaking the red light or driving in the opposite direction, if A.R.P.M.
The test of knowledge of traffic rules must be taken, obligatorily, also in cases where the suspension of the exercise of the right to drive motor vehicles, agricultural or forestry tractors or trams has been suspended for a period of 180 days, until the expiration of its period
The periods of suspension of the exercise of the right to drive shall be extended, by right, without any other formality, by 30 days, if the owner of the driving license does not pass the test of knowledge of traffic rules or fails to appear to take the exam until the expiration of the suspension period.