Driving an agricultural tractor without a driving license

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

Driving an agricultural or forestry tractor on public roads does not constitute a criminal offense, since it is not provided for by the criminal law. If in the case of the crime provided for by Article 335 para. (1) of the Criminal Code, the active subject may be any person driving a car or a tramway on public roads without owning a driving license, as regards the acts incriminated by Article 335 para. (2) the final sentence of the Criminal Code, the active subject may be only a person who owns a driving license, but the respective driving license does not correspond to the category or subcategory to which the driven vehicle belongs; or his driving license has not been withdrawn, the driving license has not been annulled (therefore, it is valid), the exercise of his driving right has not been suspended, however, he is not entitled to drive motor vehicles on the Romanian territory. In the version of the crime provided for by Article 335 para. (2) of the Criminal Code, the active subject may only be the person driving a car on public roads and owning a driving license, however, his driving license does not correspond to the category or subcategory to which the driven vehicle belongs; or it has been withdrawn or annulled, or the exercise of his driving right has been suspended or the driver has no right to drive motor vehicles on the Romanian territory. The notion of agricultural tractor is explained in Article 6 item 30 of the G. E. O. no. 195/2002, as republished, regarding public road traffic. Starting from this definition, if an agricultural tractor is driven on public roads on a longer distance and besides the driver, other two persons are in the cab, its destination is not at all changed, and the respective agricultural tractor shall not be deprived of its capacity as vehicle, and not motor vehicle.