Бесплатный фрагмент - Traffic safety organization and transportation process

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.

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. That’s 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 prosecutor’s 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.

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. That’s 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 It’s 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 driver’s 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.

Decrees of the President of the Russian Federation on the topic under consideration include Decree of March 1, 2011 N 248 “Issues of the Ministry of Internal Affairs and its territorial organs.”

More detail conveyance process regulated special government decrees By issues transportation cargo. TO these include the resolution of April 23, 1994 N 372 “On measures By ensuring security at transportation dangerous cargo by road”, as well as the decision of April 15, 2011 N 272 “About approval Rules transportation cargo automotive transport.” Passenger transportation regulated resolution Government of the Russian Federation of February 14, 2009 N 112 “On approval Rules transportation passengers And luggage automotive transport And urban ground electric transport.” government decrees regulated And other Aspects transportation processes. As of January 1, 2016, more than 40 regulations on these questions.

Formulated federal laws And government decrees legal base automotive transportation complemented normative legal acts federal bodies executive authorities — ministries transport, internal affairs, healthcare, education and science.

Special authorized federal executive body authority in the field of transport is the Ministry of Transport of the Russian Federations (Ministry of Transport Russia). Position about this Ministry The Government of the Russian Federation approved on July 30, 2004 by its Decree No. 395Motor transport legislation. State and practice of application. According to given position, Ministry transport RF is federal body executive authorities V areas transport. He is charged with the functions of developing state policy and regulatory legal regulation V transport areas, including automotive And urban electric transport, security transport security And implementation organizational and legal activities By management movement on automotive roads. TO powers ministries transport RF relate Also coordination And control activities subordinate to him Federal services By supervision V sphere transport, Federal road agencies, Federal railway transport agency and the Federal Maritime Agency And river transport. So the way How directly, So And through named state bodies Ministry transport RF ensures the regulation of all modes of transport for the benefit of societies and states.

IN Regulations O Ministry transport Russian Federations fixed his concrete authority, implementation which defines behavior of individuals and activities of legal entities in the transport sphere. Total such powers more eighty. At this near twenty from them intended For regulation activities persons, owning And exploiting road transport facilities. So, Ministry transport RF claims rules transportation passengers luggage And cargo on basis And in performance transport statutes And codes, establishes forms of forms of certificates and cards admission on transport facilities For implementation intercity automotive transportation, A Also form statements O admission To implementation international automotive transportation, claims model vocational training programs in the field of international automotive transportation, order extradition special permissions on implementation international transportation dangerous cargo, order extradition evidence O preparing drivers road transport funds, carrying dangerous cargo, And statements courses such preparation.

TO powers ministries transport RF Also relate definition order holding exam And extradition evidence O professional preparing consultants By issues security transportation dangerous cargo automotive transport, establishing order extradition evidence O admission road transport funds To transportation dangerous cargo, statement rules categorization automotive tunnels Adoption acts, determining scroll measures to train employees of legal entities and individual entrepreneurs, implementing transportation automotive transport And urban ground electric transport To safe work And transport funds To safe operation. Ministry establishes periodicity holding relevant checks, acts, defining professional And qualifying requirements To employees legal persons And individual entrepreneurs, implementing transportation automotive transport and urban ground electric transport, defines order passing professional selection And professional training by the specified employees who are hired for work related to movement (management) transport funds, A Also order design planned scheduled assignments on verification transport funds V process their exploitation And content such assignments. Should Also Mark, What Ministry transport RF granted right develop And approve rules ensure security transportation passengers and cargo by road and urban ground electric transport.

Realizing listed authority, Ministry transport RF by its order dated January 15, 2014 N approved the named Rules and scroll activities By preparing workers legal persons And individual entrepreneurs, implementing transportation automotive transport And ground electric transport To safe work And transport funds To safe operation. Data normative legal act To requirements By ensuring security transportation passengers And cargo subjects transport activities assigned requirement about providing compliance vehicles used in the process of operation, the requirements legislation Russian Federations O technical regulation, A also the requirement to ensure safe conditions for the transportation of passengers And cargo, including transportation V special conditions.

IN Rules defined directions activities By implementation fixed V them requirements. Security professional competence And professional suitability drivers achieved holding professional selection And professional training drivers, health monitoring of drivers, compliance with the regime labor And recreation V process their work, passing briefing By security transportation. IN these purposes Ministry transport RF entrusted on legal persons And individual entrepreneurs, implementing V Russian Federations activity, related With exploitation transport funds, destined For transportation passengers And cargo (Further — subjects transport activity), the following responsibilities:

— ensure control of the health status of vehicle drivers funds;

— Not admit To management transport means persons, located V able alcoholic, narcotic or other intoxication;

— organize conducting obligatory medical inspections of drivers and respond to their results, up to the suspension from work;

— provide control compliance established legislation regime working time And time recreation drivers.

Goals ensure security transportation passengers And cargo serve Also messages O reasons And circumstances occurrence road transport incidents O places location points medical and technical assistance, dispatch control centers movement transport funds, intelligence O okay connections With these points.

The subjects of transport activities must conduct with drivers introductory, pre-trip, seasonal and special briefings. First view briefing is carried out when they are hired, the second — during transportation children and dangerous goods, bulky and heavy goods, the third — V spring-summer And autumn-winter period, fourth — V case threats committing terrorist acts And other dangerous situations.

IN Rules differentially fixed requirements To secure conditions transportation of passengers and goods. Wherein paragraphs 33—60 describe the features of the placement and securing of goods. In paragraphs 61—87 defined requirements To ensuring safe conditions organizations transportation passengers. Simultaneously V p.61 established, What routes regular transportation passengers buses organized on automotive roads I — III categories.

Subjects transport activities, implementing regular transportation passengers obliged provide everyone driver track leaf, schedule (schedule) movements By route regular transportation, a route diagram indicating dangerous areas. They have to control compliance schedules (graphic arts) movements And norms the maximum capacity of vehicles, as well as the compliance of the path movements transport funds established routes regular transportation.

The Rules clearly outline the requirements for ensuring security transportation passengers And cargo V special conditions, To which relate transportation By winter roads, off-road, crossings through aquatic barriers, transportation on routes passing in mountainous areas. Such transportation may carried out only at condition notifications organizations, who exploit the named difficult sections of roads and crossings, with taking into account air temperature, ice strength, time of day, operating mode crossings, infrastructure plots roads and road markup.

Order of the Ministry of Transport of the Russian Federation of January 15, 2014 N 7 approved the second Regulation in the form of a List of activities for the preparation workers to safe work and safe operation of transport funds. Data list confirmed necessity holding internships drivers conducting their medical inspections And checks condition of vehicles, as well as provision of parking (storage) transport funds, exclusive access To him, And their unauthorized usage drivers subjects transport activities. Requirements To equipment bus stations And bus stations determined V order this ministries from December 29, 2015 N 387.

Influence on security proper And safe transportation passengers And cargo automotive transport And other federal ministries. So, according to Regulation O Ministry education And Sciences Russian federation, approved resolution Governments RF from 3 June 2013 of the year N 466, named Ministry endowed law accept normative legal acts, determining lists of professions, specialties and areas of training, indicating qualifications assigned By relevant professions specialties and areas of training, as well as a list of professions workers, By which carried out professional education, With indication of the relevant professions of working qualifications by federal And public standards.

Regulations on the Ministry of Health of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 19, 2012 N 608, on given Ministry assigned authority, related With organization checks states health drivers. This Ministry adopts regulatory legal acts that determine the procedure for conducting pre-trip, pre-shift, post-shift, post-trip medical examinations, A also defining:

• order holding compulsory medical surveys drivers transport funds (candidates V drivers transport funds), order extradition And form medical conclusions on the presence (absence) of drivers of vehicles (candidates V drivers transport funds) medical contraindications, medical indications or medical restrictions to management vehicles;

• order directions on extraordinary obligatory medical examination drivers transport funds, A Also order suspension or annulment of a medical certificate of availability (about absence) at drivers transport funds (candidates in drivers transport funds) medical contraindications, medical testimony or medical restrictions To management transport means;

• order organizations And holding health education work on the prevention of driving in able alcoholic, narcotic or other toxic intoxication;

• order holding expertise professional suitability And form medical conclusions O suitability or unsuitability To implementation individual species works.

Regulatory legal regulation, providing proper safe automotive transportation passengers And cargo, carries out Ministry of Internal Affairs of the Russian Federation. Regulation on this Ministry approved Decree President RF from March 1 2011 year N 248 “Questions ministries internal cases Russian Federations” Ministry involved V formation And implementation major areas of road safety in the Russian federation, organizes And holds Events By warning road transport incidents organizes And carries out federal state supervision V areas security road movement, A Also production By affairs about administrative offenses in security road movement.

A large amount of authority in the field of traffic is assigned Decree of the President of the Russian Federation of June 15, 1998 N 711 on the State Road Safety Inspectorate of the Ministry of the Interior RF. Not without interest What this inspection It has And other Name — “State Traffic Inspectorate” A Also Name V form abbreviations traffic police.

On State traffic inspectorate assigned a lot of responsibilities, which affect the processes of road transportation of passengers and goods, including including:

• implementation of state control and supervision over compliance with normative legal acts V areas ensure security road movement, which established requirements To construction And reconstruction road, A Also control activities By installation And exploitation technical funds organizations road movement, heavy, dangerous And oversized cargo;

• Adoption qualifying exams on receiving rights management motor transport means, trams And trolleybuses, extradition driving certificates, A Also agreement programs training (retraining) of drivers of motor vehicles, trams and trolleybuses, issuance of conclusions to applicants for licenses for educational activities (when training drivers of motor vehicles funds) O accordance educational and material bases established requirements;

• registration and registration of motor vehicles and trailers to them, destined For movements By automotive roads general use, extradition registration documents And state registration signs on registered motor transport facilities And trailers To him, A Also extradition passports Vehicle;

• organization and conduct of the state technical inspection motor vehicles and trailers To him;

• traffic control, including technical funds And automated systems, security organizations movements transport funds And pedestrians V places holding rescue operations And mass events;

• extradition permissions legal persons And individual entrepreneurs to carry out activities for the production of forms driver’s licenses, state license plates on transport facilities, reference-accounts And another special products, necessary for the admission of vehicles and their drivers to participate in road movement.

State traffic inspectorate to fulfill its duties It has right:

• request and receive V established okay from organizations regardless from forms property And official persons intelligence O observance them normative legal acts V areas ensure security road movement, A Also explanations By facts their violations;

• give official persons obligatory For performance instructions about elimination violations normative legal acts V areas ensure security road movement, A V case failure to take the necessary measures in accordance with such instructions to involve the perpetrators persons To responsibility, envisaged legislation Russian Federations;

• prescribe or allow relevant organizations installation And withdrawal technical funds organizations road movement;

• temporarily restrict or prohibit traffic, change his organization on individual plots roads at carrying out massive events and in other cases in order to create the necessary conditions for safe movements transport funds And pedestrians;

• forbid at non-compliance requirements normative legal acts V areas ensure security road movements transportation oversized, heavyweight or dangerous cargo, A Also movement public transport By established routes;

• stop transport facilities And check documentation on the right to use and manage them, as well as documents for transport means And transported cargo, confiscate these documentation V cases, provided by federal law;

• remove from management transport means persons, V relation which there are sufficient grounds believe, What They are in a state of intoxication, as well as persons who do not have documents for management right or use transport means;

• guide V within his competencies on medical examination for the state of intoxication of transport managers means of persons who are suspected of committing an administrative offenses V areas road movements And V relation which there are reasonable grounds to believe that they are intoxication, A Also guide or deliver on medical examination for the state of intoxication of persons who are suspected of committing crimes against security road movements And operation of transport, for an objective consideration of the case in the manner established legislation Russian Federation;

• use in the prescribed manner special technical and transport facilities For identifying And commits violations rules road movement, control behind technical state transport funds And road, forced stops transport funds, decoding of tachograph readings;

• realize V established legislation Russian Federations okay administrative detention And private inspection citizens, committed administrative offense, vehicle inspection funds And cargo With participation drivers or citizens, accompanying cargo, produce inspection transport funds at suspicion What They used in illegal purposes.

Toward the organization of proper and safe road transport passengers And cargo direct attitude It has Federal service Russian Federations By control And supervision V sphere transport (Rostransnadzor). The regulation on this service was approved by the resolution Government of the Russian Federation dated July 30, 2004 N 398. This service is located in administered by the Ministry of Transport of the Russian Federation. It controls and oversees behind compliance legislation Russian federation, V volume including international treaties Russian Federations:

• on the procedure for international road transport (transport control) on territory Russian Federations (behind with the exception of checkpoints across the state border of the Russian Federation);

• o transport security;

• o transportation dangerous cargo automotive transport.

The service issues licenses, suspends, restricts, and annuls their, and also produces:

• special permission on movement By automotive roads transport facilities, implementing transportation dangerous cargo, V if the route or part of the route of the specified vehicle runs along federal highways, sections of such roads or by territories two And more subjects Russian Federations;