Publication date: 09.06.2024
Administrative offenses of drivers and passengers' rights: legal regulation
Introduction
The interaction between drivers and passengers in vehicles is regulated by a number of legal acts. Violation of traffic rules by drivers can significantly affect the safety of passengers. In this article, we will analyze the legal regulation of administrative offenses by drivers and the protection of passenger rights in Ukraine.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Ukraine on Administrative Offenses defines the liability of drivers for violating traffic rules. Articles 121-.
126 CAO contains provisions on administrative penalties for various types of violations, including those that may affect passenger safety:
- Article 121: Violation of the rules for the use of seat belts.
- Article 122: Violation of the rules of crossing intersections.
- Article 130: Driving a vehicle under the influence of alcohol or drugs.
The Law of Ukraine "On Road Traffic"
The Law of Ukraine "On Road Traffic" contains general provisions on the obligations of drivers and passengers. Drivers are obliged to ensure the safety of passengers while driving, comply with traffic rules and comply with the requirements for the transportation of children.
Protection of passenger rights
Drivers' responsibilities towards passengers
Drivers are obliged to do so:
- Ensure the safety of passengers during transportation.
- Inform passengers about the need to wear seat belts.
- Follow the rules for transporting children in special restraints.
The right to safe transportation
Passengers have the right to safe transportation. If the driver violates traffic rules and this leads to a hazard or accident, passengers have the right to claim compensation for the damage caused. In accordance with civil law, passengers may file lawsuits to recover material and non-pecuniary damages.
Administrative liability of drivers
Fines and other penalties
For violations affecting the rights of passengers, drivers may be fined or subject to other administrative penalties;
For example, there are fines for violating the rules for using seat belts or transporting children without special restraints.
You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
Deprivation of driving privileges
In cases of gross violations, such as driving under the influence of alcohol, drivers may be deprived of their driving privileges for a certain period of time. This is an important measure to protect the rights of passengers and other road users.
Appealing against administrative penalties
Appeal procedure
Drivers have the right to appeal against administrative penalties if they believe they are unlawful. A complaint can be filed with an administrative authority or with a court. It is important to comply with the established appeal deadlines, which are usually 10 days from the date of receipt of the decision.
Court proceedings
If a complaint is filed with the court, the case is considered taking into account all the circumstances, including possible violations of the procedure for recording the violation and drafting a resolution.
