LawState and Law

ФЗ 196. The federal law from December, 10th, 1995 № 196-ФЗ "About safety of traffic"

Ensuring road safety should be regulated by law. There are a number of bills and decrees fixing the basic norms of safe movement on the roads. It is worth highlighting one of the most important normative acts - Federal Law 196. It is this law that determines the legal basis for ensuring road safety throughout the Russian territory.

Basic directions of the law

The objectives of the Federal Law 196 are to protect the health, life, property of citizens, their rights and freedoms. The qualitative protection of the interests of the state and society through the prevention and prevention of transport accidents is a priority objective of the draft law.

On what principles and conditions does the 196-FZ "On Road Safety" function? It is worth highlighting the following points:

  • Observance of interests of citizens, the state and society while ensuring safety on the roads;
  • Priority of health and life of citizens participating in road traffic, over the results of economic and economic activity;
  • Implementation of a program-targeted approach to the implementation of safe traffic on the roads;
  • The priority of state responsibility for the implementation of a safe movement over the civil liability of those taking part in the road traffic.

How does the state ensure road safety? This will be discussed later.

Ensuring road safety

Article 5 of the Federal Law 196 states that road safety is possible only through quality work in the following areas:

  • The establishment of responsibility and authority of the federal executive authority of Russia, regional executive authorities, as well as local government authorities;
  • Quality coordination of activities of all the above-mentioned bodies, as well as individuals and legal entities and public associations;
  • Regulation of activities in transport of any type and in the road economy;
  • Development and approval, in accordance with the procedure established by law, of normative acts related to road safety;
  • Implementation of the provision of vehicles - financially and financially;
  • Implementation and implementation of medical activities in the field of road traffic;
  • Carrying out a qualitative policy in the field of transport insurance, and so on.

FZ 196, thus, it is necessary to work in a variety of areas and areas.

Powers of state bodies

Under the jurisdiction of Russia, in accordance with Article 6 of the bill under consideration, the following functions are in place:

  • Securing the legal basis for road safety;
  • The formation and implementation of a unified policy in the field of road safety on the territory of Russia;
  • Strict control over the compliance of regional draft laws with the Constitution and federal laws;
  • The creation of federal executive bodies, which ensure the implementation of state policy, etc.

The law fixes the rights of instances of executive power. In short, federal agencies can act together with regional bodies, but in strict accordance with a special agreement. Both groups of state bodies should be engaged in the qualitative implementation of the norms prescribed in the law under consideration.

Law on the design, construction, maintenance and repair of the roadway

196-FZ "On Road Safety" states that it is necessary to comply with certain requirements concerning work with the roadway. All requirements are spelled out in articles 11-12.

Article 11 states that the design and construction of the roadway is the basis of safe traffic. It is necessary to strictly observe technical regulations, engineering projects and other normative acts concerning the construction of roads. Responsibility for the compliance of built roads with statutory requirements is assigned to the project executor during the design stages and to the contractors during the construction stages. The law also states that it is impermissible to reduce capital costs through engineering solutions.

Safety of traffic on roads during the operation of vehicles

Article 16 of Federal Law No. 196-FZ "On Road Safety" stipulates the need to periodically check technical equipment and the condition of vehicles participating in road traffic. Such a duty is assigned, respectively, to the owners of vehicles themselves, as well as to the persons who use these vehicles.

Another topic of article 16 concerns compulsory insurance of citizens' liability. Owners of vehicles not wishing to fulfill this duty will not be able to register their vehicles. Compulsory insurance can be made only after a technical inspection, which is regulated by Federal Law No. 170-FZ.

Organization of road safety

Article 21 of the Federal Law 196 with changes in 2014 regulates a number of activities related to the organization of road traffic. Included here is the creation and quality maintenance of the functioning of parking spaces located within the boundaries of populated areas, the implementation of capacity on the roads, the overall improvement in the quality of the roadway and much more. Execution and implementation of all submitted activities should concern the state executive body at the federal body (the Government), state executive authorities of the regional level, as well as local self-government bodies. The carrying out of all the above-mentioned measures should be carried out in strict accordance with state regulations and regional regulations.

Article 22 of the law provides for the inadmissibility of changing the capacity on the roads by reducing the level of road safety. However, in the same article, a possible change in the movement of vehicles in the event of a real threat. Change can be carried out only by authorized persons of corresponding state bodies.

On the rights and obligations of road users

The organization of road safety will not work without the exercise by ordinary citizens of certain duties and rules prescribed in Article 24 of the Federal Law in question. What are these rules? The federal law refers to a special government decree, called the Road Traffic Rules. It is in this normative act that all the rules that all citizens, without exception, should know, remember and observe, are fixed.

And what are the rights of road users? Article 24 of the Federal Law under consideration fixes the following:

  • Free and unhindered movement on the roads in accordance with the rules established by laws;
  • Receipt from the executive authorities and officials of reliable information on safe road conditions;
  • Obtaining information from relevant officials on the reasons and conditions for establishing a restriction or prohibition of road traffic;
  • Obtaining complete and reliable information on the quality of services and products, somehow related to traffic;
  • The right to provide free medical care;
  • The right to compensation for damage in strict accordance with the legislation of the Russian Federation.

The law also speaks of responsibility. Thus, according to Article 31 of the normative act in question, the responsibility for violation of the established rules is regulated by the Criminal Code and the Code of Offenses of an administrative type.

On state supervision

What are the means of ensuring road safety? In accordance with Article 30, this is primarily state supervision. It is carried out by special authorities in the field of traffic safety on the roads. The subject of supervision is the observance by Russian citizens of a number of requirements prescribed in the relevant regulatory enactments.

The law tells about the procedure for carrying out inspections of planned and unscheduled type, on the grounds for including inspections in a special annual plan, and so on.

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