Publication date: 09.06.2024
Administrative offenses of drivers in the context of environmental legislation
Introduction
Environmental pollution is one of the biggest challenges facing modern society. Transport is one of the main sources of harmful substances emitted into the atmosphere. In Ukraine, the law provides for administrative liability of drivers for violation of environmental standards related to the operation of vehicles. In this article, we will analyze the main legal aspects, types of violations and liability of drivers in the context of environmental legislation.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Administrative Offenses of Ukraine provides for liability for violation of environmental standards during the operation of vehicles. In particular, Article 80 of the Code of Administrative Offenses regulates liability for exceeding the established standards for emissions of pollutants and harmful effects of physical factors.
The Law of Ukraine "On Environmental Protection"
This law establishes general principles of environmental protection, including requirements for vehicles to limit emissions of harmful substances. The law obliges vehicle owners to ensure that their vehicles meet environmental standards.
Technical regulations on requirements for vehicles
Ukraine has technical regulations that set requirements for the design and technical condition of vehicles to limit emissions of harmful substances. These regulations are mandatory for the production, import and operation of vehicles.
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Types of violations
Exceeding emission standards
One of the main violations is the operation of vehicles that exceed the established emission standards. This may be due to a malfunction of the exhaust gas cleaning system or the use of low-quality fuel.
No environmental certificate
According to the law, all vehicles must have an environmental certificate confirming compliance with emission standards. Operating a vehicle without such a certificate is a violation.
Malfunction of the exhaust gas cleaning system
The exhaust gas aftertreatment system must be in good working order and effectively reduce emissions. Operating a vehicle with a faulty system is a violation of environmental regulations.
Administrative responsibility
Penalties
Violations of environmental standards during the operation of vehicles are subject to fines. The amount of the fine depends on the nature of the violation and may vary from UAH 340 to UAH 850. The fine may be increased for repeated violations.
Temporary seizure of a vehicle
In the case of gross violations, such as operating a vehicle without an environmental certificate or with a faulty exhaust gas treatment system, a decision may be made to temporarily withdraw the vehicle until the violations are eliminated.
Deprivation of driving privileges
For systematic violations of environmental regulations, a driver may be deprived of the right to drive a vehicle for a certain period of time. This is a strict measure aimed at preventing repeated violations.
