Kitabı oku: «Traffic safety organization and transportation process», sayfa 2

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;