Article 335 of the Criminal Code covers several distinct situations: driving without a licence, driving where the licence or entitlement has a specified legal status, and entrusting a vehicle to a person in the circumstances identified by the provision. Classification and penalty depend on the applicable paragraph and the evidence.

Driving without a licence: Article 335(1)

Driving a motor vehicle, tram, agricultural or forestry tractor on public roads without holding a driving licence is punishable by imprisonment from one to five years. The vehicle, location and licence requirement must fall within the criminal provision.

Wrong-category, withdrawn or cancelled licences and suspended entitlement

Article 335(2) concerns driving a vehicle requiring a licence where the driver’s licence does not cover that category, has been withdrawn or cancelled, their entitlement is suspended or they have no right to drive in Romania. The prescribed penalty is imprisonment from six months to three years or a fine.

In Decision No 18/2019, the High Court of Cassation and Justice explained “suspension of the exercise of the right to drive” in this paragraph by reference to the measures in road traffic legislation.

Other situations, including a foreign provisional licence, require examination of the actual entitlement to drive in Romania and the rules governing that document. Not every administrative problem concerning a licence automatically establishes a criminal offence.

Entrusting a vehicle: Article 335(3)

The paragraph applies the same penalty as paragraph (2) to a person who entrusts a vehicle for use on public roads to someone they know is in a situation covered by paragraph (1) or (2), or under the influence of alcohol or psychoactive substances. Knowledge of the relevant circumstances is required.

High Court Decision No 57/2023 concerns a specific situation: entrusting a vehicle to a person known to be under the influence of alcohol who subsequently refused or evaded biological sampling and was prosecuted under Article 337.

The High Court held that, in that situation, the conduct did not meet the constituent requirements of Article 335(3). The ruling is not a general rule covering every case of entrusting a vehicle.

What to check in the file

  • The vehicle category, the licence legally required and the exact status of the licence at the time of driving.
  • Records concerning withdrawal, cancellation or suspension, the dates when measures took effect and relevant communications.
  • For entrustment, what the person handing over the vehicle knew and the evidence supporting that knowledge.
  • For a foreign or provisional licence, its validity and whether it conferred a right to drive in Romania.

Service of administrative documents may matter, but an abstract allegation that notice was missing does not automatically produce an acquittal. Its effect depends on the basis of the measure, the time of driving and the evidence.

Practical steps

Keep the police report and every document received. Obtain licence-status records and the dates of relevant measures through the available legal channels. Do not drive without a valid entitlement.

If a criminal investigation has begun, consult a lawyer to review classification, administrative records and evidence before preparing the defence.

Official sources

General information, which does not replace legal analysis of the actual documents and circumstances.