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