Technical Sciences. Traffic

О.V. Stepanov

Kharkiv National Automobile and Highway University, Ukraine

Safety of motor vehicles: regulatory and legal aspects

Safety of motor vehicles has become one of the most actual social and economic problems of our time. Traffic accidents causing death and injury of people are recorded on Ukrainian roads every day. It damages national economy a lot. Domestic experts estimate the annual losses from traffic accidents in ₴16 billion, and if using common foreign methods, the losses are $10-12 billion.

Systematic public policy crisis that doesn’t permit even approach the desired level of traffic safety (as in leading European countries) magnifies the problem. Under these conditions the role of state legislation on traffic safety management is extremely important.

It is a pity to admit, but no major priorities of state traffic policy have yet been defined by law. That means that strategic guidelines of development of the field of road safety are not defined; the objectives of traffic accidents overcoming are not quantified; there is no state body that is responsible for traffic safety management in the country; regulatory technologies of traffic security objectives transformation to particular result are not developed; there are no effective standards for motor vehicle safety management; the mechanism of financing the projects aimed at increasing of traffic capacity, at improvement of traffic management facilities, at elimination of danger areas and traffic accident clusters is not studied.

In recent years there has been a remarkable invigoration of legislative activities in this field. In particular, we should mention: the laws of Ukraine: "Statutes of motor vehicle" (05.04.2001), "Statutes of roads" (08.09.2005), "Statutes of amending some legislative enactments of Ukraine on improving regulation of relations in field of traffic security" (24.09.2008); Decrees of the President of Ukraine: "On measures to ensure traffic safety in Ukraine" (12/11/2004), "On urgent measures to ensure traffic safety" (20.11.2007), "On additional measures to prevent traffic accidents" (17.06.2008), numerous ordinances of Cabinet of Ministers, that amended traffic rules, adopted laws of Ukraine: "Statutes of amending some legislative acts of Ukraine concerning traffic accidents and payment of insurance compensation" (17.02.2011), "Statutes of amending some legislative acts of Ukraine on rescission of the ticket to driver's license and improving regulation of relations in the field of traffic security" (17.03.2011) and "Statutes of amending some legislative acts of Ukraine on elimination of excessive state regulation in field of motor transportation "(05.07.2011).

Finally, according to the decree of the President of Ukraine from 06.04.2011 № 370/2011 “Problem of optimization of central executive bodies system" on the base of State road transport service of Ukraine there was established the State Inspectorate of Ukraine on land transport security. Decree of the President of Ukraine from 06.04.2011 № 387/2011 has also ratified regulations on State Inspectorate of Ukraine on land transport security. According to the regulations, the State Inspectorate of Ukraine on land transport security (Ukrainian Transport Inspectorate) is the central body of executive power, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine via Minister of infrastructure of Ukraine.

The main objectives of Ukrainian Transport Inspectorate are: to implement state policy for motor vehicle, urban electric transport and railway transport safety and road maintenance services; to submit propositions concerning formation of state policy on motor transport, urban electric transport, railway transport security and road maintenance services; in accordance to the laws to carry out state supervision of motor vehicle, urban electric transport, railway transport security and road maintenance services.

The abovementioned convinces us once again of importance of transport security sector as of integral component of national security. It is possible to prevent from traffic injures in the country only by establishing a permanent cooperation of all concerned ministries, departments and organizations.

The components of solution for this problem are: establishing a system of state standards in the field of traffic security in response to international standards and agreements; improvement of coordination of executive bodies in this field; adjustment of measures of administrative and criminal liability for violation of traffic rules into accordance with public danger of these violations; improvement in monitoring and supervisory activities in the field of traffic safety; improvement in technical management on motor vehicle and public transport to ensure constructive and operational safety of vehicles; development and improvement of road network, improvement in traffic management facilities; education of children of preschool and school in right behavior in traffic movement; rise in requirements for organizations that teach driving; development of early detection of traffic accidents and first aid to victims; technical improvement of railway crossings; development and improvement of insurance mechanisms to guarantee reimbursement of damages for traffic accident; implementation of series of scientific events, aimed at optimization of research on the most pressing issues of traffic safety in Ukraine.

Thus, imperfection of legal regulation of relations in field of motor transport functioning is a major problem of road transport industry and it requires a quick solution. Adjustment of legislation in this field into accordance with European standards is a guarantee of proper functioning of motor transport, of ensuring its reliability and security.

References

1. Положення про Державну інспекцію України з безпеки на наземному транспорті: Затверджено Указом Президента України від 6 квітня 2011 р. № 387/2011 // CD-версія правової бібліотеки «Инфодиск: Законодательство Украины». ― 2012. ― №2.

2. Автомобільний транспорт в Україні. Нормативна база. ― К.: КНТ, АТІКА, 2004. ― 504 с.

3. Бесчастний В. М. Державне управління в сфері безпеки дорожнього руху: моногр. — Донецьк: ДЮІ ЛДУВС ім. Е. О. Дідоренка, 2011. — 476 с.