Traffic safety organization and transportation process
A. Yu. Timkova
L. S. Shorokhova
© A. Yu. Timkova, 2023
© L. S. Shorokhova, 2023
ISBN 978-5-0060-1098-7
Created with Ridero smart publishing system
The textbook Traffic safety organization and transportation process presents the basic requirements for ensuring the safety of vehicles, the operation of rolling stock, traffic management, legal aspects of ensuring road safety and labor protection. A set of legal acts regulating social relations arising in the process of creating safe, comfortable and other conditions for the movement of private and public transport, ensuring safe road transport to destinations is given. The creation of safe driving conditions, ensuring the transportation of passengers and goods by vehicles on roads, taking into account the determination of the procedure for preparing vehicles for movement, the features of movement on roads, the organization of boarding and disembarking passengers, loading and unloading goods, the rights and obligations of road users, the powers of state authorities and local self-government to organize transport services for the population.
It is intended for students of the direction of preparation 23.03.01 Technology of transport processes of the direction (profile) Organization of transportation and management in road transport. The textbook is intended for students, graduate students studying in specialties and areas of training related to the organization of transportation and ensuring traffic safety in road transport.
© A. Yu. Timkova, 2023
© L. S. Shorokhova, 2023
Section 1.
Legal and Regulatory Aspects of Safety traffic
Subject 1.1.
Federal sources road transport rights
Transport belongs important role V development economy states. He serves: ensuring production; circulation products industry And rural farms; ensuring needs capital construction; satisfaction needs citizens V transportation. Main activity transport is V transportation cargo, passengers luggage And mail. Regulation transport relations is carried out by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, transport statutes And codes. System norms, contained V specified laws, and also in other normative legal sources, which regulate transport activities related to transportation, can be interpreted as one of the branches of law, called transport right. Among legal scholars met different interpretations concepts transport law, its role and place in the general system of law. Most justified is the approach to transport law as a complex industries rights. Her subject are public relationship different types:
1) legal relationship, related With organization And implementation transportation, based on contractual beginnings;
2) relationship administrative and legal character, caused necessity strict compliance rules use transport means, ensure measures security, implementation control behind activities V transport area, technical oversight behind him;
3) labor legal relations on transport;
4) legal relationship, emerging between parties V connections With pretentious in order consideration disputes those. procedural legal relations. Other important factor giving base attributed transport law to a complex industry, is the fact that its norms Not connected unified method legal regulation.
Main method legal regulation transport contractual legal relations is method equality sides. However with regard to To administrative legal relations on transport used method powerful orders. procedural legal relations inherent dispositive-imperative method.
It is the complex branches of law that are inherent as a subject public relationship Not one kind, A V quality method different ways, facilities their regulation.
Thus, transport law is a set of legal norms, regulating relationship contractual, managerial, labor And procedural character V areas transport activities By organizations and implementation transportation.
The principles of transport law are fundamental, guiding beginnings, provisions that determine its essential aspects. To the number principles transport law Can include the following:
1. Principle free displacement cargo, baggage, movement passengers means What subjects RF, municipal education Not entitled install any barriers restrictions movement By to their territories. It is not allowed to establish customs borders between regions Russian federation, introduction duties, fees, other obstacles to the free movement of goods, the creation of artificial obstacles for the movement of citizens (part 1 of article 7, part 1 of article 74 of the Constitution of the Russian Federation). Exceptions from principle free displacement cargo, baggage, movement passengers constitute questions, concerning security transportation, protection of nature and cultural values (part 2 of article 74 of the Constitution RF).
2. Principle freedom transport agreements conditioned fixed V Art. 421 GC provisions O freedom contracts, which spread on contracts, concluded at organizations And implementation transportation:
а) Liberty legal persons And citizens V acceptance solutions O imprisonment or non-conclusion transport contracts;
b) Liberty participants contractual relations choose counterparty By transport contract;
c) the freedom of the parties to develop the terms of the transport contract, on which it will be concluded, which means that the freedom to determine the participants their civil rights and responsibilities.
3. The principle of combining national interests with the interests transport companies and customers due to the fact that transport is one from constituents effective development state economy. It is interested in optimizing transport processes, expansion of the network of transport arteries, etc. Transport enterprises interested V maximum extraction arrived, What achieved through intensification displacement objects transportation, acceleration turnover mobile composition, use most contemporary And economical transport funds. All This salutary affects on development economy states And answers interests clients.
4. The principle of combining centralized regulation of transportation with departmental regulation order her implementation. Along With centralized regulation transport statutes And codes transportation individual types transport required regulation departmental normative legal acts concrete technical legal issues of organization and implementation of transportation. to them first queue relate rules transportation cargo, passengers luggage relevant types transport, A Also various technical terms, conditions, rates, etc. Their adoption is primarily Ministry of Transport Russia.
5. Principle implementation transportation on base organizational- legal prerequisites means What shipping cargo Maybe be implemented at implementation certain organizational and legal action, compiling relevant documents (contracts, plans agreements). Compiled within the framework of this principle, legal documents contracts, plans, agreements make the transportation process sufficiently organized, predictable, guaranteed against various kind subjective moments A V final account optimal.
6. Principle ensure efficiency And quality transport activities means Firstly, stability work all species transport, Secondly, availability And safety rendered transport services, Thirdly, development competition on market transport services, fourth, consistency functioning elements unified transport system.
7. The principle of legality as a fundamental principle of law is inherent and transport law. Due to the peculiarity of the transport process, due to the use of a source as a means of transport increased danger, the Law on Transport Security enshrined position, laying on participants transport legal relations duty strictly fulfill requirements, related With transport security. In this Law, among the principles ensuring transport security in the first place is the principle legitimacy (art. 3).
8. WITH principle legitimacy closely tied principle control And fortifications disciplines on transport. By essence, this principle is one from necessary conditions compliance transport legislation. Control And supervision on transport carry out special state bodies (Federal service By supervision V in the field of transport, Russian River Register, Unified Management System by air movement) and special officials.
The system of transport law consists of the General and Special Parts. General Part includes the following main provisions:
concept transport rights;
principles And sources transport rights;
transport legal relations;
control on transport;
concept transportation;
transport contracts, their kinds;
responsibility behind violations obligations By transportation.
General Part How backbone factor is base For creation and operation of the norms of the Special Part of Transport Law, which govern specifics organizations And implementation transportation relevant modes of transport.
Along With highlighting General And Special parts system transport rights present such structural elements, How sub-sectors rights And legal institutions. Considering sub-sectors transport rights, should proceed from interpretations sub-sectors How holistic education norms, regulating specific view public relations V within spheres legal regulation relevant industries. Exactly such an approach, considering character regulated system norms public relations And methods regulation, allows us to distinguish the following sub-sectors of transport rights:
1) contractual transport obligations;
2) state control V transport sphere;
3) work on transport;
4) claim procedural permission disputes V connections With transportation.
Item contractual transport obligations property character constitute relationship economic turnover, which mediate displacement material good. Norms this sub-sectors govern contractual conditions organizations And implementation transportation passengers baggage, cargo.
Depending on the modes of transport used, the sub-sector reflects peculiarities conditions organizations And implementation transportation automobile, railway, air, maritime And internal water transport.
Sub-sector state management V transport sphere:
a) contains a system of norms governing the administrative and legal status federal body executive authorities V areas transport (Ministry of Transport Russia);
b) norms given sub-sectors fix forms managerial action, To which relate, V in particular decrees President RF, decrees Governments RF By issues management V areas transport activities, orders Ministry of Transport Russia, V volume including approving the rules for the carriage of passengers, baggage, cargo by various types transport, and etc.;
c) this sub-sector includes the rules governing the supervision and control activity at implementation management on transport;
d) To given sub-sectors relate norms, regulating legal relations regarding compliance with the rules of administrative and legal modes, For example regime emergency provisions.
Administrative and legal modes may influence on performance contractual conditions By transportation, temporarily stopping or suspending their.
Work on transport How sub-sector transport rights characterized reflection V her norms features labor activities workers transport. She includes special norms, fixed V transport laws, which establish labor relationship on transport And define specifics conditions labor transport workers.
Claims and procedural resolution of disputes in connection with transportation How sub-sector transport rights contains norms, establishing grounds for filing claims, persons entitled to implement the established pretentious order, proper carrier defendants, stages claim procedures, claims terms. These norms govern legal consequences of the decision on the claim, as well as the conditions for applying passenger, shipper, consignee With lawsuit V judicial authority.
The Institute of Transport Law is a system of legal norms, governing variety subject related transport relations V framework relevant sub-sectors. If consider institutions of such a sub-sector as contractual transport obligations, then This before Total institutions contractual transportation obligations, responsibility V connection with organization and implementation transportation.
Institutes transport rights V my queue subdivided on sub-institutions. IN in particular V framework Togo same Institute contractual transportation obligations Can highlight V quality sub-institutions contractual obligations for the carriage of passengers, baggage, cargo and cargo. Sub-institutions contain systems norms smaller scale By comparison With systems institutional norms, V compound which They are included.
Wide and multifaceted subject transport rights conditioned necessity attract For regulation public relations in the transport sector, the norms of various branches of law, including norms of administrative, civil, land and labor law. IN Therefore, transport law is characterized as a complex law. Except Togo, specifics transport rights appears V volume, What adjustable his norms public relationship arise at use transport general use, which is source elevated danger. On sign complexity transport rights drew attention V.A. Elizarov. He noted What transport right governs different By character relationship, which arise V process relationships transport enterprises With clientele, When such relationship need V special regulation because of their features. These peculiarities appear V process regulation transportation passengers And cargo aviation, automobile, river And maritime, water And railway transport. By opinion I.V.Spirina, comprehensive law is And motor vehicle law. It appears that the legal basis for such estimates are available. After all If self transport right evaluated How complex, then its parts also have this sign.
foundation For allocation this sub-sectors transport rights is Availability relatively big segment public relations, emerging V process organizations movements by road By automotive roads. Such public relationship constitute item given sub-sectors. These public relationship relatively independent. IN connections With how available an objective need for the adoption of special legal normative acts for their regulation.