According to Article 4 of the Federal Law of February 9, 2007 N 16-FZ, transport safety must provide the above entities transport infrastructure, A Also carriers. As such data law recognized legal faces or individual entrepreneurs who have assumed the responsibility to deliver passengers, and also the cargo and baggage entrusted to them by the sender from the point of departure to paragraph destination. Except these responsibilities, on carriers assigned duty extradite cargo And baggage competent on This face (recipient).
For direct work By ensuring transport security formed special services. They formed on objects transport infrastructure from persons, responsible behind transport safety, including staff subject transport infrastructure or subdivision transport security, And provide protection objects transport infrastructure And Vehicle from acts illegal intervention.
IN art.12 Federal law from 9 February 2007 of the year N 16-FZ established, What subjects transport infrastructure And carriers entitled receive from ministries transport RF And ministries internal cases RF information By issues ensure transport security And bring in V these authorized federal bodies executive authorities offers By ensuring transport security. At the same time, they are obliged to immediately inform competent state bodies about threats committing acts illegal intervention on objects transport infrastructure And transport funds, fulfill instructions, decrees authorized official persons, render assistance V identification, warning And suppression acts illegal intervention, establishing reasons And conditions, conducive their commission, introduce V competent bodies reliable information For holding categorization their objects transport infrastructure And transport funds.
IN aggregates execution such responsibilities guarantees prevention of acts of unlawful interference in the organization transportation passengers And cargo by car.
Except Federal law from 2 February 2007 of the year N 16-FZ, requirements, directed on security serviceable states automotive transport at his operation, contained V Federal law from 27 December 2002 of the year N 184-FZ ABOUT technical regulation and in the Federal Law of July 1, 2011 N 170-FZ On technical examination transport funds And O making changes V individual legislative acts Russian Federation. Naturally, compliance fixed V these laws obligatory rules Also creates conditions For security transportation passengers And cargo automotive transport.
Aimed at preventing road accidents Federal law from 25 April 2002 of the year N 40-FZ About mandatory insurance civil responsibility owners transport funds. In cases where it was not possible to avoid traffic incidents, on the basis of the rules contained in this Law, Job By ensuring compensation damage persons insured mine transport. Demand V providing compensation damage V our country enough big. On automotive roads annually committed more two hundred thousand accidents. Cause many road transport accidents is poor quality state automotive roads. Thats why To sources road transport rights, providing safe transportation passengers And cargo, applies Federal Law of November 8, 2007 N 257-FZ On Automobile roads and road activities in the Russian Federation and on the introduction changes V individual legislative acts Russian Federation. By this law on federal government bodies, bodies the state authorities of the constituent entities of the Russian Federation and municipal bodies are entrusted with duty support V proper able respectively federal, regional, local automotive roads. Functioning With this goal And specialized state company Russian automotive roads. Her status defined V Federal Law No. 145-FZ of July 17, 2009 On the State company Russian Automobile roads.
The right to carry out road transport of passengers, baggage and cargo limited necessity receiving licenses only V one case. IN Federal law from 4 May 2011 of the year N 99-FZ About Licensing individual species transport activity. provided licensing road transportation of passengers automotive transport, equipped for transportation more eight people.
An important legal source on the basis of which automotive transportation passengers And cargo, is Civil code Russian Federation. Peculiarity regulation civil legislation relations By transportation automotive transport passengers And cargo appears V volume, What They are being built on recognition equality participants these relations, immunity property And freedom contracts, inadmissibility arbitrary intervention anyone V private affairs, Also on unhindered implementation civil rights And providing recovery violated rights And their judicial protection. IN civil code RF established, What physical And legal faces acquire And carry out their civil rights his will And V his interest. It is only on the basis of federal law that they can be limited for purposes of protection fundamentals constitutional building And security states. Regulation automotive transportation on basis fixed V Civil Code of the Russian Federation principles are implemented in accordance co articles merged V his chapter 40, which Its called Transportation. in detail about this will told V third And fourth chapters present editions.
IN Russian Federations available special federal legislation, regulating public relationship V sphere organization of control over road transport of passengers and goods. Such norms are contained in the Federal Law of February 7, 2011 N 3- Federal Law On the Police, in the Federal Law of July 24, 1998 N 127-FZ On state control behind implementation international road transport and liability for violation of the procedure for their implementation, as well as in the Federal Law of December 26, 2008 N 294- Federal Law On the protection of the rights of legal entities and individual entrepreneurs when exercising state control (supervision), and municipal control. At this Federal law from 7 February 2011 of the year N 3-FZ ABOUT police To number major directions activities police applies security security road movement. IN circle her responsibilities included security security citizens on transport highways, implementation control (oversight) behind activities organizations, implementing required technical inspection vehicles.
Liability issues are regulated at the legislative level behind violations rules exploitation road transport funds, rules road transport of passengers and goods. Chapter 11 of the Code of the Russian Federation on administrative offenses, there are sixteen articles in which established liability for violations related to the transportation of goods, passengers And baggage. Fourty one article, defining content administrative offenses V areas road movement, contained in chapter 12 of the RF Code of Administrative Offences. Three articles, Also concerning responsibility behind violation rules automotive transportation, contained V chapter 19.
Automotive transportation defend themselves And norms criminal legislation. Chapter 27 UK consists of from seven articles, defining formulations crimes against security movements exploitation transport, A Also criminal punishment behind their commission.
Significantly expanded possibilities organizations transport services to the population after the adoption of the Federal Law of July 13 2015 of the year N 220-FZ About organizations regular transportation passengers and luggage by road and urban ground electric transport in the Russian Federation and on amendments to certain legislative acts Russian Federations (Further Federal law dated July 13, 2015 N 220-FZ). This federal law governs relationship By organizations regular transportation passengers And luggage automotive transport And urban ground electric transport (Further regular transportation), V volume including relationship, related With establishment, change, cancellation routes regular transportation, admission of legal entities and individual entrepreneurs to the implementation of regular transportation, use for the implementation regular transportation objects transport infrastructure, A Also With organization of control over the implementation of regular transportation. law two such transportation.
First view regular transportation By regulated tariffs. These are carried out using tariffs established by the authorities state authorities subjects Russian Federations or authorities local self-government, And performance all benefits on travel By the corresponding bus route approved in the established okay.
The second type is regular transportation at unregulated tariffs. As such considered regular transportation, which carried out With application tariffs, established by ourselves carrier.
Regular transportation is carried out on certain routes. Federal law from 13 July 2015 of the year N 220-FZ determined the following types of routes are interregional, i.e. route of regular transportation V borders Not less two subjects Russian Federations; adjacent interregional route, those. route between city federal values And bordering With him subject Russian Federation, intermunicipal route regular transportation, those. route of regular transportation within the boundaries of at least two municipal districts of one subject of the Russian Federation, at least two urban constituencies one subject Russian Federations or Not less one municipal district And Not less one urban districts one subject Russian Federations; municipal route regular transportation, i.e. the route of regular transportation within the boundaries of the settlement, or two and more settlements one municipal district.
TO municipal routes regular transportation relate And routes in federal cities. Interregional routes regional transportation installed, change authorized federal body executive authorities. foundation For this are offers legal face, individual entrepreneur or authorized participant agreements simple partnerships intending to carry out regular transportation or realize regular transportation By given route. IN case positive solutions this question And inclusion corresponding route V registry interregional routes regular transportation authorized federal organ executive authorities issues to the applicant a certificate of transportation on this route regular transportation And map given route regular transportation. Rates on unregulated transportation By interregional routes non-regional transportation established legal persons individual entrepreneurs or participants in a simple contract partnerships, which granted certificate about implementation transportation By corresponding routes.
It should be noted that the issues of organizing regular transportation by interregional routes are solved With participation authorized bodies executive authorities subjects Russian federation, V borders which specific (corresponding) route passes By streets, or highways that are not related to automobile federal roads. After receiving from the federal agency executive authorities statements about establishing interregional route of regional transportation the relevant executive body authorities subject Russian Federations must introduce V this organ conclusion on the existence of grounds for refusing to establish or change the corresponding route. Proposal to establish or change interregional route regular transportation considered authorized body executive authorities subject Russian Federations With participation owners located By this route major points. TO consideration such proposals involved owners of highways along which this route passes, and Also territorial bodies, authorized on implementation state control (supervision) in areas security road movement, bodies state transport control. Authorized federal organ executive authorities entitled realize verification information, which contained V conclusion regional authorized executive body. If they will be objective, That authorized organ Not entitled install or change interregional route regular transportation. TO so objective reasons include information about the unsafe route for transportation passengers O technical able streets And road, Not allowing passage of large vehicles, about their inconsistency ecological requirements And By some otherwise reasons specified V part 1 Article 6 the Federal law.
Related interregional routes regular transportation, those. transportation in communication with the city of federal significance and bordering him subjects Russian Federations installed, change And canceled authorized body executive authorities subject Russian federation, V borders whom located elementary stopping paragraph By given route.
IN art.11 Federal law from 13 July 2015 of the year N 220-FZ authorized body local self-government are given powers establish, modify and cancel municipal routes of regular transportation V one urban settlements.
Adjustable rates on transportation By municipal routes regular transportation within the boundaries of one rural settlement, within the boundaries two or more settlements located within the boundaries of one municipality district, are established by the local self-government body of the municipal district, V compound which includes the settlements.
IN cities federal values municipal routes regular transportation installed, change And canceled relevant authorities executive authorities these subjects Russian Federation.
Intermunicipal routes regular transportation V borders subjects Russian Federations installed, change And canceled authorized authorities executive authorities relevant subjects Russian Federation.
According to Article 12 of Federal Law N 220-FZ, the procedure for establishing, changes And cancellation municipal routes regular transportation, intermunicipal routes regular transportation established respectively laws or other normative legal acts subjects Russian Federations or municipal normative legal acts.
Implementation regular transportation By regulated tariffs carried out on basis respectively state or municipal contracts according to the results relevant competitions.
The rules contained in federal laws are developed in decrees President Russian Federations And decrees Governments Russian Federation. Exception Rules road movement, approved by the Decree of the Government of the Russian Federation of October 23, 1993. This is due to the fact that federal laws began to be adopted in 1994 year. IN named Rules installed single order road movements on all territory Russian Federation. IN these Rules the general obligations of drivers are fixed, including the obligation to check on the road, and ensure the correct technical condition on the way means of transport, as well as the obligation to carry a waybill and other documents, including a drivers license. A number of norms of the Rules road traffic are dedicated to the organization of transportation of people and goods. IN in particular, it is unacceptable that the number of people transported in the back of a truck car And V salon bus, implementing transportation on intercity level, tourist or excursion route exceeded quantity equipped For seats places. Rules transportation cargo established, What weight transported cargo And distribution loads By axes Not must exceed quantities, established by the manufacturer for this type of transport. At this before start And in time movements driver must control the placement, fastening and condition of the cargo in order to avoid it fall And creation interference for movement.