The Missing Definition of Driver for the Motor Vehicle Insurance Directives. Is Direction Available from the UK?

This paper provides a comparative overview of urban transport in the world’s two most populous countries: China and India. Cities in both countries are suffering from severe and worsening transport problems: air pollution, noise, traffic injuries and fatalities, congestion, parking shortages, energy use, and a lack of mobility for the poor. The urban transport crisis in China and India results from continuing population growth, urbanization, suburban sprawl, rising incomes, and skyrocketing motor vehicle ownership and use. This paper critically assesses government policies in each country and suggests a range of specific improvements. It advocates a slowdown in the massive roadway investment in recent years and a shift in emphasis to expanding and improving public transport, cycling, and walking facilities. While continued growth in motor vehicle use is inevitable, China and India should restrict motor vehicle use in congested city centres and increase taxes, fees, and charges to reflect the enormous social and environmental costs of motor vehicle use. At the same time, much stricter regulations should be imposed on manufacturers to produce cleaner, more energy‐efficient, quieter, and safer cars, motorcycles, buses, and trucks. Mitigating the many social and environmental impacts of rising motorization is obviously important for the future well‐being of Chinese and Indian cities. It is also crucial for the future of the rest of the world. Unless the problems of motorization in China and India can be effectively dealt with, the world faces sharp increases in greenhouse gases, accelerating climate change, and rapid depletion of a range of non‐renewable resources.

The size, composition, and use of the nation's household vehicle fleet are subjects of major interest to analysts and policymakers concerned with the economic motivations and environmental consequences of travel. The 1995 Nationwide Personal Transportation Survey (NPTS), together with similar surveys conducted in 1969, 1977, 1983, and 1990, reveals important insights into the changing patterns of household motor vehicle ownership and use, as well as the underlying behavior that produces them. This paper uses information from the NPTS to address three related subjects: 1) growth in personal motor vehicle travel and its sources; 2) changes in the number, types, and age distribution of household motor vehicles; and 3) the determinants of households' vehicle utilization patterns and demands for private motor vehicle travel. The results presented can be useful to transportation professionals seeking to understand the patterns and determinants of motor vehicle travel, as well as to planners and policymakers in their efforts to design and implement strategies that reduce the environmental consequences of growing motor vehicle use.

The article shows the need to develop recommendations for improving the system of accounting for the use of motor vehicles in units, military units and formations of the National Guard of Ukraine. The solution of the tasks assigned to the National Guard of Ukraine is impossible without the widespread use of motor vehicles. A significant volume of necessary transportations poses tasks for the NGU servicemen related to increasing the efficiency of the use of motor vehicles. The Order of the Commander of the National Guard of Ukraine No. 900 of 27.12.2016 states: "the purpose of motor vehicle support is to achieve maximum efficiency of the use of motor vehicles...". The task of increasing the efficiency of the use of automotive equipment and ensuring a given level of efficiency of its use can be solved by comparing the efficiency indicators of the use of machines. To assess the operation and technical condition of motor vehicles, special indicators are used, such as fleet utilisation rate; working time utilisation rate; mileage utilisation rate; load capacity utilisation rate; speed and others. However, these indicators, neither individually nor in combination, make it possible to assess the effectiveness of the use of motor vehicles of a unit or military unit of the NGU. Therefore, there is a need to obtain a dependence for assessing the efficiency of transportation by military vehicles. It is proposed to use as an indicator of the efficiency of the use of motor vehicles an indicator that allows assessing the level of efficiency of the use of motor vehicles (when using motor vehicles in accordance with the annual plan for the operation and repair of vehicles of a military unit), to determine the impact on the efficiency of of transportations of certain indicators (coefficient of efficiency of transportations) and outline ways to ensure a given level of efficiency of the use of motor vehicles of the National Guard of Ukraine. The proposals for improving the structure of the vehicle operation record card and the summary of vehicle operation allow to improve the accounting of vehicle operation, improve the planning of vehicle operation, analyse and evaluate the results of their use.

Public health benefits of strategies to reduce greenhouse-gas emissions: urban land transport

Consumption of non-renewable energy resources and global warming are increasing due to excessive dependency on motorized vehicle. The study investigates the influencing factors for private motor vehicle dependency to develop a structural equation model (SEM) for quantifying subjective motor vehicle dependency by examining the determinants. A questionnaire survey of 130 random samples was conducted among private motor vehicle users from different districts of Bangladesh. On the basis of user practical experience and reliance on motor vehicle use, a subjective measure of private motor vehicle dependency is established. Results support to accept the model hypothesis which is MVU [Motor Vehicle Use] affects DEPEND [Dependency on Motor Vehicle] positively and both negatively affect INTENT [Intention to Reduce Motor Vehicle]. Hence, children and monthly income of respondents have large influence on motor vehicle use as the beta weights are 1.22 and 1.01, respectively. In case of dependency, regression weight shows that fuel expenses, average travelling distance, speed have significant influences. Besides, the greater social grade shows less intention to reduce motor vehicle use. The study shows clear overview of possible affecting factors behind dependency which can be reflected in decision-making strategies.

Motor vehicles no longer represent luxury goods, they are the means of satisfying vital human needs. However, as it often happens in life with many other objects, the use of motor vehicles also has its positive and negative effects. Due to the enormous power embodied in these machines, motor vehicles represent one of major risks for human lives. Not only the passengers are exposed to these hazards, by also the third parties, that is the persons outside the motor vehicles. Given this large discrepancy between the benefits of motor vehicles and the damages they cause, there have been many attempts in various fields aimed at mitigating the adverse effects of their use which cannot be completely eliminated. Thus in the field of law, there are a number of measures undertaken with the aim to prevent traffic accidents and reduce their negative effects. Taking into account that damages caused by motor vehicles mostly fall in domain of property law, a whole series of rules and provisions have been passed in order to regulate the issues such as in what cases and to what extent a motor vehicle insurance can cover damage claims in case of accidents involving motor vehicles. The compulsory motor vehicle insurance covering the liability of the vehicles owners in the event of incurring damages to third parties has become a very efficient method of reducing negative consequences of using motor vehicles. Establishing the legal relationship in domain of compulsory car insurance and its legal effect is regulated by imperative legal norms which protect the interests of persons participating in this legal relationship, but also the interests of wider social audience. In this paper the author analyzes the legal relationships established as a result of compulsory insurance imposed on the motor vehicle owners in the event of damages incurred by motor vehicles, the legal position of the insured and the insurer who, by receiving the insurance premium payments assume the responsibility to provide coverage for claims being made against the policy by all damage parties, including the damages incurred to third parties.

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

The Shareholderss Duty Not to Abuse Rights

After the ‘Brexit’ referendum the UK left the European Union (EU) at the end of January 2020. Whilst the UK is now no longer a Member State of the EU, the UK’s membership had a significant influence on the English legal system. This chapter looks at the impact of EU membership on the English legal system including its effect on law-making institutions such as Parliament. It examines the consequences of the UK’s recent withdrawal, including the effect of important legislation such as the EU Withdrawal Act 2018. The chapter offers very useful background reading on how EU law is made, interpreted, and applied in Member States. The EU is administered by several supranational institutions including the European Council, the Council of the European Union, the European Commission, the European Parliament, and the Court of Justice of the European Union (CJEU). The main sources of EU law are: primary legislation, i.e. the treaties; secondary legislation, including regulations and directives; and the case law of the CJEU. Where EU law and national law conflict, EU law is supreme. EU law may have direct effect, i.e. be enforceable by individuals before national courts, or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. State liability for breaches of EU law means that Member States are obliged to compensate individuals for consequent loss or damage.

After the ‘Brexit’ referendum, the UK left the European Union (EU) at the end of January 2020. Whilst the UK is now no longer a Member State of the EU, the UK’s membership had a significant and, some might argue, lasting influence on the English legal system, and awareness of EU law is still going to be valuable. This chapter looks at the (historical) impact of EU membership on the English legal system including its effect on law-making institutions such as Parliament. The chapter offers very useful background reading on how EU law is made, interpreted, and applied in Member States. The EU is administered by several supranational institutions including the European Council, the Council of the European Union, the European Commission, the European Parliament, and the Court of Justice of the European Union (CJEU). The main sources of EU law are: primary legislation, i.e. the treaties; secondary legislation, including regulations and directives; and the case law of the CJEU. The chapter explains the role of these bodies and the various sources of EU law, including whether EU law is said to have direct effect, i.e. be enforceable by individuals before national courts, or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. The chapter finally turns to examine the consequences of the UK’s withdrawal, including the role of important legislation such as the EU Withdrawal Act 2018, and the Retained EU Law (Revocation and Reform) Act 2023.

Case C-442/10, Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited [2011] ECR I-00000Article 3 No. 1 of Council Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, as amended, codified and repealed by Directive 2009/103/EC, OJ L - 103, of 02.05.1972. pp. 1–6. [First Motor Insurance Directive]Article 2 No. 1 of Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 8, of 11.01.1984. pp. 17–20. [Second Motor Insurance Directive]Article 1 No. 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 129, of 19.05.1990. pp. 33–35. [Third Motor Insurance Directive]

ObjectiveWe sought to measure the effectiveness of the WHO Safe Communities Model approach to increase child restraint use in motor vehicles. The effort involved schools, day care centres, neighbourhoods and...

Este artículo analiza el enigma de la ausencia de fallos proferidos por jueces o árbitros colombianos en los que se aplique la CISG, el cual luce todavía más desconcertante al tener en cuenta que esta Convención es mencionada como un caso de éxito en los intentos de unificación del derecho privado. Luego de explicar este enigma y de mostrar cómo sí hay significativa jurisprudencia sobre CISG en otros países, este artículo indaga las razones que pueden motivar la ausencia de casos en nuestro país. Algunas de estas hipótesis no son creíbles, como (i) una supuesta ausencia de transacciones internacionales en las que una parte sea una empresa colombiana, (ii) la falta de conocimiento acerca de esta Convención, o (iii) el que los contratos de compraventa internacional en los que una de las partes es colombiana no generan controversias. Otras hipótesis podrían ser al menos parcialmente verídicas, como (i) la posible exclusión de la CISG como ley sustancial de contratos de compraventa internacional de mercaderías con partes colombianas, (ii) el que tal Convención sí sea aplicable pero que las empresas, sus abogados y los jueces y árbitros que resuelven las controversias ignoren su existencia, o (iii) el que sí surjan controversias para las cuales la CISG sí sea la ley sustancial aplicable pero que estas sean dirimidas por tribunales de arbitramento con sede fuera de Colombia y cuyos laudos, por razones de confidencialidad, no se reportan en las bases de datos jurídicas. Luego de la explicación de estas razones, este artículo concluye y plantea bases para futuras investigaciones empíricas que puedan dilucidar definitivamente el enigma planteado.

Rapid growth in the use of private motor vehicles in high-income nations has created serious problems of congestion in most cities, and has also contributed to a high dependence on oil, to air pollution and to high levels of greenhouse gas emissions per person. But rapid growth in the use of motor vehicles, and congestion and air pollution are also evident in cities in low-income nations – where transport infrastructure and management has been unable to cope with this upsurge in traffic. This paper considers the problems faced by a relatively small city in India, Saharanpur, where rapid growth in private motor vehicle use combines with limited local investment capacity and a high use of non-motorized vehicles, including bullock carts. It presents the findings of field surveys for the city's five main roads, and highlights the high levels of congestion and air pollution. The paper also presents an alternative scenario, emphasizing the promotion of public transport.

On 29 April 2021, the Court of Justice of the European Union in Case C 383/19 passed a preliminary ruling on the interpretation of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability. This judgment is of key importance for Polish insurance industry, especially for maintaining the coherence of the compulsory insurance system of motor liability insurance for motor vehicle owners for damage caused by the use of their vehicles. The social function of this obligatory insurance is inextricably linked with the protection of third parties against the effects of frequent adverse incidents resulting from the use of motor vehicles in the modern world. What is more, a compulsory insurance contract ought not to be treated as a financial burden for vehicle owners, because it both protects possible perpetrators of motor accidents from serious financial charges and prevents an excessive depletion of their assets due to civil liability. The above-mentioned judgment concerns the confirmation of the principle that in the current Polish legal system there is no possibility of either ignoring the obligation to conclude a civil liability insurance contract or being exempt from such obligation, where the owner is not able to use the vehicle for some period owing to its technical condition.