The object of motor transport law is transportation processes and processes their providing, including service And repair automotive transport general use. Subjects motor transport law state and municipal authorities, commercial organizations, pedestrians, passengers, shippers And other interested persons involved in implementation road movements By automotive roads, A Also face, providing safety vehicles and his proper operation.
By condition on 1 January 2016 of the year public relationship, arising in the process of road transport regulate more than 150 normative legal acts, including 23 federal laws, 4 decrees President RF, 44 decrees Governments RF, 35 orders ministries transport RF. Regulatory legal acts By this issues publish Also Ministry internal cases RF, Ministry of Health RF And Ministry education And Sciences RF. These normative legal acts regulated the whole range, relatively independent road transport public relations, including social relations arising in the process road transportation of passengers and goods, as well as other public relationship, emerging V process creation organizational, technical and other conditions for passenger and freight automobile transportation, And activities to ensure their safety.
The breadth of the above social relations is due to Availability big quantities legal sources, constituents motor vehicle law. In a broad sense, the concept of sources of law is normative legal acts state bodies authorities, legal treaties, normative legal acts adopted with the sanction of the state public organizations precedents, legal customs. IN this scroll should include And municipal legal acts. IN narrow sense, legal sources refers to normative legal acts bodies state authorities. They have special meaning For implementation of road transport, as they regulate the most important questions their organizations And provided, at need, measures state coercion.
Motor transport legislation is a set normative legal acts, governing public relationship, arising in the process of creating safe, comfortable and other conditions For movements private And public transport, ensure safe automotive transportation passengers And cargo V points destination. The specificity of these normative legal acts is manifested in their purpose and content. The purpose of this group of regulatory legal acts is Creation safe conditions And security transportation people and goods by wheeled vehicles on highways from item sending V paragraph destination. Norms given aggregates normative legal acts define order training road transport funds To movement, peculiarities movements By automotive roads, organization landings And landings passengers loading And unloading cargo, rights And responsibilities participants road movement, powers bodies state authorities And local self-government By organizations transport service population. They describe the essence of offenses in the carriage of passengers and goods and contain sanctions (punishments) for their violation, determine the procedure punishment guilty.
The universal legal source of all branches of law is Constitution Russian Federation. TO motor transport law have attitude following her articles. First of all, an article that recognition of a person, his rights and freedoms for the state is the highest value. This norm is contained in Article 2 of the Constitution of the Russian Federation. Its implementation is one of fundamental postulates which called upon guided by state. In the process of its implementation, the state must ensure Creation conditions For Togo, to People were V comfortable safe conditions while traveling on roads. For spheres applications norms road transport rights significant meaning has Article 8 of the Constitution of the Russian Federation. The significance of this article is shown in the fact that The Russian Federation is guaranteed a single economic space, free movement of goods and services. Such constitutional provisions provide unhindered automotive transportation passengers And cargo in all cities and towns of the Russian Federation, which is very important as For fortifications communication between people living V different inhabited paragraphs, So And For functioning all-Russian economic space.
The rhythm of production is largely determined by the timeliness transportation automotive transport products By objects industrial infrastructure. Thats why naturally, What federal transport, which forms the basis of all transport in our country, according to art.71, applies To subjects exceptional reference Russian Federation. Hence, legal regulation organizations exploitation federal transport Maybe carried out only federal authorities state authorities. IN That same time, V my queue bodies state authorities subjects Russia govern organization work vehicles on regional level. Organs local self-government has the right to regulate the organization of work vehicles on relevant territories municipal formations And provide transport service their inhabitants.
Constitutional provisions develop V federal laws And other normative legal acts. Fundamental in the system road transport rights have federal laws. Wide range motor transport relations are regulated by the Federal Law of November 8 2007 of the year N 259-FZ Charter automotive transport And urban ground electric transport (Further Federal law from 8 November 2007 N 259-FZ). The legislator combined these two, in general, different kind public transport, because their Can unite notion wheeled transport facilities. Data Federal law regulated relationship, emerging at transportation automotive transport And urban ground electric transport of passengers, baggage and cargo. At the same time, in Article 3 this Federal law established right Governments Russian
Federations approve rules transportation passengers And cargo. IN the following article of the Federal Law of November 8, 2007 N 259-FZ, which assigned number 3.1, installed order implementation state oversight V areas automotive transport And urban ground electric transport. Further in this Federal law determined specific order transportation activities various types cars, trams and trolleybuses.
Automotive transportation passengers And cargo relate To types public benefit activities elevated danger. On roads countries in 2015, more than 25 thousand people died. About ten times more of people suffered from road transport incidents. accidents on automotive roads inflict big material damage. On minimization such negative consequences directed some federal laws. TO such before Total applies Federal law from 10 December 1995 of the year N 196-FZ ABOUT security road movement (hereinafter the Federal Law of December 10, 1995 N 196-FZ). IN German defined legal basics ensure security road movements on territory Russian Federation. According to Article 3 this Federal law, To number major signs ensure road safety concerns the priority of life and health citizens, participating V road movement, above economic results economic activities, a priority responsibility states behind security security road movements above responsibility of citizens participating in road traffic, compliance with interests of citizens, society and the state while ensuring security road movements And target program approach to this activities.
Federal law from 10 December 1995 of the year N 196-FZ provides, What security security road movements carried out not only by state authorities, but also by public associations. At the same time, public associations created to protect the rights and legitimate interests of citizens participating in road traffic, entitled bring in V bodies executive authorities offers By improvement technical regulations And others normative documents, conduct research reasons And circumstances road traffic accidents, take measures to prevent them, and also, if necessary, transfer the materials they have to prosecutors office and represent the interests of its members V court.
The Federal Law of December 10, 1995 N 196-FZ contains norms, establishing main requirements By ensuring security road movements at design, construction, content And repair automotive road, their arrangement objects service, norms, defining order temporary restrictions or stopping the movement of vehicles on highways, and Also norms, containing main requirements By ensuring security road movements at manufacturing And exploitation Vehicle and in process their repair.
The Federal Law of December 10, 1995 N 196-FZ contains requirements To legal persons And individual entrepreneurs, implementing activity, related With exploitation transport funds. They obliged observe rules ensure security passenger transportation and cargo by road and urban ground electric transport, organize the work of drivers in accordance With requirements, providing safety road movement, work schedule and rest drivers, create conditions For raise their qualifications. Articles 23 And 23.1 Federal law from 10 December 1995 of the year N 196-FZ govern questions medical ensure road movements through creation systems measures checks the health status of vehicle drivers. Named articles installed obligatory preliminary medical inspections persons, accepted on work drivers. Mandatory medical examination pass drivers V connections With replacement driving certificates after expiration term his actions, A Also V connections With return driving certificates after expiration term deprivation rights on control transport means. Allowed extraordinary obligatory medical examination drivers V case identifying signs diseases (states), Availability which hinders possibilities management transport means. Higher named obligatory medical inspections are held behind check financial funds drivers And candidates V drivers transport funds. Pre-trip and post-trip medical examinations are carried out for check employers. At this should have V mind What according to Federal law from 13 July 2015 of the year N 220-FZ About organizations regular transportation of passengers and luggage by road and urban ground electric transport in the Russian Federation and O making changes V individual legislative acts Russian Federation (hereinafter the Federal Law of July 13, 2015 N 220-FZ) under flight means the path of a vehicle along the route of regular transportation from the starting main point to the final stopping point or from final main item V elementary basic paragraph.
IN art.25 Federal law from 10 December 1995 of the year N 196-FZ installed main provisions, concerning admission To management motorcycles, various models of cars. The right to manage them arises at persons, passed relevant exams after graduation learning V driving schools. Fact assimilation theoretical And practical courses confirmed extradition certificates on control the respective vehicles. Driving license validity terminated upon expiration of their validity, as well as in cases of detection medical contraindications, committing crimes or administrative offenses behind which provided deprivation rights driving a vehicle facilities.
Receipt rights on driving motor transport means entails laying on on driver responsibilities: Firstly, support V technically serviceable able transport means, which He enjoys, insure their civil liability. serviceability located V exploitation funds checked, By lesser least V the process of their technical inspection in specialized organizations. At availability technical faults, creating threat security road movement, exploitation transport funds prohibited. Legal faces And individual entrepreneurs, owning And exploiting road transport facilities, must equip their tachographs, which allow control speed And route movements transport funds, A Also provide established legislation working hours and rest for drivers.
IN art.24 Federal law from 10 December 1995 of the year N 196-FZ defined rights And responsibilities participants road movement. They entitled free And freely move By roads, V in accordance with the established Rules of the road, to receive information O reasons establishing restrictions or prohibitions movements By roads, O quality products And services, related With ensuring road safety. Free medical help And another emergency help at road transport incident participants road movements turns out from authorized organizations and (or) officials. They are given the right to compensation for damages in cases of bodily injury and as a result of damage to vehicles during road traffic incident, as well as the right to appeal illegal actions (inaction) official persons, implementing powers V areas ensure security road movement.
In Article 24 of the above-mentioned Federal Law, the obligations of participants road traffic are reduced to the requirements to comply with the Federal Law dated December 10, 1995 N 196-FZ and adopted in accordance with it regulatory legal acts in terms of ensuring road safety movement.
On security security automotive transportation passengers And cargo aimed Federal law from 9 February 2007 of the year N 16-FZ ABOUT transport security. His goal is sustainable and safe functioning transport complex, protection interests personality, society and the state in the field of the transport complex from acts illegal interference.
Under the act of unlawful interference unlawful action (inaction), including terrorist Act, threatening safe activities transport complex, entailed behind yourself causing harm life And health of people, material damage or created a threat of such consequences. Transport safety is a prerequisite for transportation passengers, baggage and cargo.
It is provided through the implementation state- determined system of legal, economic, organizational and other measures V sphere transport complex, relevant threats committing acts illegal intervention. Transport complex This objects And subjects transport infrastructure, A also vehicles, including automobile transport, used For regular transportation passengers and cargo and their transportation on winter roads, or used for transportation of dangerous goods, for which special permission. Objects transport infrastructure are automotive stations, bus station, plots automotive roads And technical complexes. Subjects transport infrastructure are legal face, individual entrepreneurs And individuals who are owners of transport facilities infrastructure and/or vehicles. These include legal entities, individual entrepreneurs and individuals, which use objects transport security on others legal grounds, for example, in cases where car repair stations taken in rent.