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Articles published on Carriage Of Passengers

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  • Research Article
  • 10.26650/annales.2026.1895518
The Rights of Passengers Travelling by Sea and Inland Waterway in accordance with Regulation No 1177/2010 of the European Union
  • Apr 14, 2026
  • Annales de la Faculté de Droit d’Istanbul
  • Murat Aydın

In contracts concluded for the carriage of passengers by sea and inland waterways, it is necessary to ensure that the passenger, who constitutes the weaker party to the contract, is afforded at least a minimum level of protection. In this context, with a view to securing a high level of protection for passengers in the field of sea and inland waterway transport, enabling persons with disabilities and persons with reduced mobility to benefit from passenger transport services provided by sea and inland waterways, defining the scope of passengers’ rights in cases of cancellation or delay of a passenger service or departure, ensuring that passengers are adequately informed before and during their journey, and establishing effective complaint-handling mechanisms allowing passengers to lodge complaints against carriers and terminal operators engaged in sea and inland waterway passenger transport and to have such complaints resolved within a reasonable time, the European Union adopted, on 24 November 2010, Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways (Regulation No 1177/2010). This study examines passenger rights provided for under Regulation No 1177/2010. Given that Turkish law does not contain a specific legislative framework governing passengers’ rights in the context of carriage by sea and inland waterways, it is submitted that, in the event of future legislative initiatives in this field, it would be advisable to take Regulation No 1177/2010 of the European Union as a legislative model.

  • Research Article
  • 10.52928/2070-1632-2024-69-4-71-74
LEGAL STATUS OF A TAXI ORDERING SERVICE IN ORGANISING THE CARRIAGE OF PASSENGERS AND LUGGAGE BY PASSENGER TAXI
  • Dec 24, 2024
  • Vestnik of Polotsk State University Part D Economic and legal sciences
  • M Bazhina + 1 more

The article is devoted to the problem of determining the legal status of taxi ordering service in the organisation of passenger and luggage transportation by passenger taxi. The authors point out the incorrect interpretation of the role of the participants of relations from the legal point of view, which prevents the distribution of rights and obligations between them, as well as the resolution of liability issues. The legal constructions given in the Federal Law on Taxi, which are similar in name to those that already exist in the current transport legislation, do not allow to fully define the status of taxi ordering service, because they do not coincide in terms of content and applied conceptual apparatus. In this connection requires a detailed study and definition of the role of taxi ordering service in the relations under consideration.

  • Research Article
  • 10.18572/1812-3937-2024-1-18-21
Место договора фрахтования легкового такси в системе договоров перевозки пассажиров автомобильным транспортом
  • Apr 4, 2024
  • Transport Law
  • Vladimir V Toschenko

The article discusses the problem of systematizing passenger transportation by road. It is concluded, that there are no reliable criteria for differentiating this system based on the principle of dichotomy. It is pointed out that the opposition between transportation of passengers and luggage by order and transportation by passenger taxis is unfounded. It is also noted that the regularity of transportation cannot be used as the basis for distinguishing between charter contracts and contracts for the carriage of passengers and baggage.

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  • Research Article
  • 10.24144/2788-6018.2024.01.6
Place and role of transport law in the law system of Ukraine
  • Mar 20, 2024
  • Analytical and Comparative Jurisprudence
  • I Kovalchuk

The article reveals the place and role of transport law in the legal system of Ukraine and characterizes the peculiarities of transport relations, sources of transport law. It is noted that transport law is a complex sub-branch of law that combines norms of civil, economic, administrative, land, labor, commercial and a number of other branches of law. Transport law contains public-law and private­law norms that regulate social relations arising in the field of transport activities. Transport activity is accompanied, as a rule, by the conclusion of transport contracts. In its essence, transport law is more closely related to civil law, because property relations make up the material content of transport contracts, transport risk insurance contracts, legal situations of customs clearance of goods, etc. The main factor in property relations in the field of transport are transportation contracts, which are regulated by civil law. A special place is occupied by the protection of the property rights of the parties to obligations arising from transportation contracts. It is argued that transport activity includes both the physical movement of passengers, luggage, and cargo from the point of departure to the destination, as well as auxiliary services. Such activities are carried out on the basis of relevant transport contracts. This is the generalized name of all contracts that are regulated by the provision of certain transport services (transportation, forwarding, etc.). The main type of transport contracts is a contract of carriage. Article 908 of the Civil Code of Ukraine establishes the basic provisions regarding contracts for the carriage of cargo, passengers, and luggage, including liability for the main types of violations of obligations arising from carriage contracts; general regulations on transportation. The conditions of transportation of cargo, passengers and luggage by separate modes of transport, as well as the responsibilities of the parties regarding these transportations, are established by the contract, unless otherwise established by the Civil Code of Ukraine, other laws, transport codes (statutes), other normative legal acts and rules issued in accordance with them Transport activity, which is accompanied, as a rule, by the conclusion of transport contracts, gives rise to transport legal relations that arise in connection with the operation of transport for the purpose of providing transport services and carrying out related activities in the unity of the organizational-management and economic (civil- law) component of such exploitation The subjects of transport legal relations are state authorities and local self-government bodies in relations, in particular, regarding licensing of certain types of transport activities, approval of passports of transport routes, admission of carriers to the activity of transporting passages, etc.; suppliers of transportation transport services - railways, motor transport companies, airlines, etc., which provide relevant services on a contractual basis, at the same time observing certain requirements and standards established by the relevant state authorities; consumers of transport services, which in particular include passengers, consignors and consignees; various auxiliary participants in transport activities, in particular forwarders, agents, insurance companies, etc. The object of transport legal relations is activity related to the transportation of goods, passengers, luggage and mail. A distinction is made between the object of transport legal relations and the object (subject) of transportation. The first is a certain good, for example, a transportation service, for the purpose of which subjects enter into legal relations. The object of transportation is cargo, luggage, hand luggage, mail and, of course, a person-passenger. Sources of transport law, which are divided into international and national, are analyzed.

  • Research Article
  • Cite Count Icon 2
  • 10.1016/j.actaastro.2024.03.003
From yachts to spacecraft: Legal aspects of space tourism ventures in comparison with the legal regime governing marine tourism
  • Mar 11, 2024
  • Acta Astronautica
  • Ms Niki Giannakou + 1 more

From yachts to spacecraft: Legal aspects of space tourism ventures in comparison with the legal regime governing marine tourism

  • Research Article
  • 10.47772/ijriss.2023.7011058
Factors Influencing the Airline Decision-Making Process in Planning Pricing Mechanisms in the Nigerian Aviation Industry
  • Dec 7, 2023
  • International Journal of Research and Innovation in Social Science
  • Labake Temitope Adamolugbe + 3 more

The airline industry is faced with a lot of challenges based on their various operations in terms of the carriage of goods and passengers. Part of this challenge is the issue of the best pricing strategies to be adopted. Prior to setting fare, the airline industry considered a number factors before the decision is implemented looking at customer satisfaction and profit making. Therefore, based on that, this study set out to assess the factors that influence airline pricing decisions in the Nigerian airline industry. The scope of the study covers all the domestic airlines operating in Nigeria. A questionnaire was administered to three hundred forty-nine staff consist of three categories of staffers (directorate, managerial, and supervisory) of all the domestic airlines in Nigeria. The collected data were analyzed using multiple regression analysis. Eleven variables (factors) were selected as attributes and tested. These include: demand, cost of inputs and supply, prevailing market airfare price, prices (fares) of alternative modes, route status, period (time) of supply and demand, distance between origin and destination, landing fees, availability of slots in peak periods, security on the origin-destination (O-D) market, and availability of aircraft maintenance. The results revealed that distance between the origin and destination, time of supply, and demand are the most significant factors influencing airline pricing decisions in the Nigerian airline industry. Therefore, based on the findings of the study, the study recommends that the airline industry must ensure that passengers are fully informed if prices are changed and also ensure the security of passengers from origin to destination.

  • Research Article
  • 10.16980/jitc.19.5.202310.89
The Regulatory Standards of Extraordinary Circumstances in Carriage of Passengers by Air: An Analysis of EU law and Implications for Korea
  • Oct 31, 2023
  • Korea International Trade Research Institute
  • Ji-Min Sur

Purpose - The purpose of this paper is to review the statutory framework and Court of Justice of the European Union (CJEU) case law concerning the extraordinary circumstances under EC 261/2004 Regulation (the Regulation). This paper also conducts an examination of the compensation liability system of air carriers within the context of Korean aviation transportation laws.
 Design/Methodology/Approach - This paper studies the scopes, application, and requirements of the extraordinary circumstances in EC 261/2004 Regulation by analyzing cases of CJEU. It seeks to conduct a detailed analysis of extraordinary circumstances in the Korean Aviation Business Act, and contains a comparative analysis between the Regulation and the stance of Korean law.
 Findings - This paper confirms that previous CJEU cases have taken a stringent and passive stance in recognizing extraordinary circumstances that exempt carriers from compensation liability. Also, it presents some critical views against CJEU perspectives and offers several implications for Korean law in its conclusion.
 Research Implications - This paper sheds light on legal issues surrounding applications of the extraordinary circumstances in EC 261/2004 Regulation via case law review. In conclusion, it emphasizes the need for amending the Regulation by explicitly specifying the criteria for the application of extraordinary circumstances to better ensure the appropriate fulfillment of air passenger rights protection. This suggests that it is essential to establish uniform legal standards for procedures related to compensation for air passengers in cases of denied boarding, flight cancellation, or flight delays, rather than solely relying on the flight compensation terms and conditions in Korea.

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  • Research Article
  • Cite Count Icon 6
  • 10.1186/s12544-023-00598-x
Understanding the process of improving accessibility and affordability of inter-municipal bus transport system
  • Aug 18, 2023
  • European Transport Research Review
  • Jean C Mutiganda + 2 more

This paper examines the ways an inter-municipality bus system for passengers improved its accessibility and affordability for end-users at regional level. Using archetype theory, we conducted a case-study in FÖLI, a not-for-profit organization tasked with collective transport of passengers by bus in Southwest Finland. We find that FÖLI implemented a radical revolutionary change by introducing a new framework for the carriage of passengers by bus at a regional level, in which a zone free and flat fare policy applies. The sequence of change became central; with a continuous reorientation linearity aiming to improve the accessibility and affordability of collective transport by bus for commuters. The paper contributes to archetype theory by examining the relevance of accessibility and affordability in the configuration process of designing and implementing change, and extending knowledge in this area. Specifically, for the first time, our research shows the way in which FÖLI used the accessibility and affordability policy as an interpretative scheme to design and implement the change process successfully. The practical implication is that municipalities understood the relevance of improving collective transport infrastructures (roads, systems and technologies) to attract commuters as a way of saving total costs to fund underperforming buslines.

  • Research Article
  • 10.21639/2313-6715.2023.4.5.
Обеспечение безопасности дорожного движения перевозчиком как условие надлежащего оказания услуг по перевозке пассажиров
  • Jan 1, 2023
  • Prologue: Law Journal
  • K S Bakanov

Certain aspects of bringing the carrier to administrative responsibility for violation of requirements in the field of road safety in the provision of services of inadequate quality for the carriage of passengers are considered. Based on the analysis of legislation and judicial practice, the possibility of simultaneously bringing the carrier to administrative responsibility for violations in the field of road safety and liability for improper provision of services within the framework of administrative and civil law legislation is being investigated. It is stated that the fulfillment of public obligations to comply with road safety requirements is usually the requirements for the provision of passenger transportation services. It is proved that the simultaneous application of several liability measures to the carrier and its employees does not contradict the principle of inadmissibility of bringing twice to responsibility for the same act (non bis in idem), because the subjects of responsibility have different legal status, and legislation is aimed at protecting different protected interests. It is concluded that such an approach makes it possible to distinguish the administrative-legal consequences of violations of road safety requirements by drivers engaged in professional activities and drivers engaged in transportation for their own needs. Consideration of an administrative offense as the basis of civil liability in the field of passenger transportation makes it possible to guarantee road safety when transporting passengers simultaneously by public and private legal means.

  • Research Article
  • Cite Count Icon 15
  • 10.5038/2375-0901.16.4.3
The Modern Streetcar in the U.S.: An Examination of Its Ridership, Performance, and Function as a Public Transportation Mode
  • Oct 20, 2022
  • Journal of Public Transportation
  • Jeffrey Brown

The Modern Streetcar in the U.S.: An Examination of Its Ridership, Performance, and Function as a Public Transportation Mode

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  • Research Article
  • 10.15802/tstt2022/261658
THE ROLE OF RAILWAY TRANSPORT IN THE EVACUATION OF THE POPULATION DURING HOSTILITIES IN UKRAINE
  • Jul 28, 2022
  • Transport systems and transportation technologies
  • O Pavlenko + 1 more

In the extremely difficult time of aggression by the Russian Federation, the first and most important task for Ukraine's railway transport is to provide logistics for the transportation of humanitarian and military aid, as well as internal movement (evacuation) of the population. The state transport is covered by 2-5 times increased van traffic and passenger traffic. In such a situation it is necessary to control the number of passengers at the stations, to provide them with assistance and advice. The volunteer movement is one of the important conditions for the functioning of the state in wartime. Volunteers at the stations ensure the distribution of passenger flows in individual directions and provide advice on the schedule of trains. Humanitarian aid is now arriving in large quantities and needs to be delivered as soon as possible to places where it is most needed, to cities where active hostilities are taking place and to cities where the flow of internally displaced persons is concentrated. The logic of the movement of passengers must be clearly formed, because in a difficult emotional and physical state, people have a hard time understanding the course of action and the requirements for the carriage of passengers. After analyzing the formed passenger flows in the first days of evacuation, the main directions of movement of citizens were determined. The analysis revealed that the number of passengers in evacuation trains heading west to the country could cause overcrowding in the receiving cities and cause a collapse in urban transport, settlements and food supply. These are the main issues facing the government and the logistics system for moving people and goods across the country. The solution to the acute problem was the possibility of simplifying passenger transportation and the organization of international trains with allied countries, where there is the possibility of transportation without changing the rolling stock through different track widths. The development of such routes has made it possible to simplify the logistics of population movement and reduce the burden on the border service of Ukraine. To reduce the crowds after crossing the borders of Ukraine, a schedule of trains from the nearest railway stations of neighboring countries was developed together with the neighboring states, which facilitates the movement of migrants within the routes of passengers. The second problem is the overcrowding of trains and the complexity of their equipment for flights, as well as the establishment of a system to provide them with drinking water on the routes. Due to sufficient technical equipment, coordinated work of railway transport workers, and their high executive discipline, this chain has been successfully implemented.

  • Research Article
  • Cite Count Icon 1
  • 10.1016/j.trpro.2022.06.143
Impact of informal assets and informal liabilities on the determined market value of a company (case study of a transport company)
  • Jan 1, 2022
  • Transportation Research Procedia
  • Alexander Shchepotiev + 1 more

Impact of informal assets and informal liabilities on the determined market value of a company (case study of a transport company)

  • Research Article
  • Cite Count Icon 8
  • 10.1088/1757-899x/1214/1/012032
Dynamic behaviour of a battery pack for agricultural applications
  • Jan 1, 2022
  • IOP Conference Series: Materials Science and Engineering
  • F Mocera + 2 more

Fight and contrast against climate change and global warming can be considered the most important challenge for the next decades. One of the most involved sectors is the one related to the carriage of passengers and goods, and, recently, also the work vehicles too. The agricultural machines and tractors are no exception to this. Indeed, agricultural industry is the second contributor in terms of pollutant emissions. So, research about agricultural machinery is focusing itself about the development of more sustainable propulsion systems such as hybrid or full-electric solutions. One of the most important components of a hybrid or full electric vehicle is the battery pack. The lack of adequate vibration isolation is the main cause of battery pack failure during operation. In the field of the agricultural vehicles, since the maximum speed is quite low and the weight of the various subsystems are high, combined with heavy working cycles, the dynamic analysis of the battery pack focuses on its low frequency behaviour. In this context, this paper focuses the attention on the dynamic behaviour of a battery pack, thought for a plug-in hybrid electric orchard tractor, through simulations obtained taking advantage of FEM and multibody software. In particular, it will be illustrated the dynamic behaviour of the battery pack while the tractor is moving on a bumpy road and when the tractor chassis is subjected to an impulsive load.

  • Research Article
  • 10.20535/2308-5053.2021.2(50).242941
Selected issues of transportation of passengers and their luggage in international road transport
  • Oct 21, 2021
  • National Technical University of Ukraine Journal. Political science. Sociology. Law
  • O Radchuk

The article is devoted to the study of legal problems of international transportation of passengers and their luggage by road. The analysis of the international legal acts regulating such transportations and defining the order of the conclusion and execution of the contract of transportation of passengers and their luggage, and also those establishing the organization of such transportations is carried out. An analysis of both multilateral conventions and bilateral agreements dealing with road transport is conducted. It is noted that international traffic is performed by the territory of at least two countries, the point of departure and arrival are in different countries. The two main conventions regulating these transportations are analyzed, namely: the Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR) of 1973 and the Convention on the International Carriage of Passengers and Luggage by Road in 1997, pointed out the similar provisions and differences that are contained in these conventions. The essential features of the contract of international road transport of passengers and their luggage are considered, the subject of the contract is determined. Particular attention is paid to the liability of the road carrier and cases of his release from liability. Attention is paid to the organization of this type of transportation and the work of drivers, the role of international organizations in carrying out such work is determined. The requirements are specified both for the operated vehicles and for the drivers, which must meet the established criteria. It is concluded that the issues of international road transport of passengers and their luggage need constant attention and control, which is manifested in the improvement of existing regulations. It is also necessary to strengthen the legal protection of passenger rights during transportation.

  • Research Article
  • 10.20535/2308-5053.2021.№2(50).242941
Окремі питання перевезення пасажирів та їх багажу в міжнародному автомобільному сполученні
  • Oct 21, 2021
  • Вісник НТУУ "КПІ" Політологія. Соціологія. Право
  • О.П Радчук

The article is devoted to the study of legal problems of international transportation of passengers and their luggage by road. The analysis of the international legal acts regulating such transportations and defining the order of the conclusion and execution of the contract of transportation of passengers and their luggage, and also those establishing the organization of such transportations is carried out. An analysis of both multilateral conventions and bilateral agreements dealing with road transport is conducted. It is noted that international traffic is performed by the territory of at least two countries, the point of departure and arrival are in different countries. The two main conventions regulating these transportations are analyzed, namely: the Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR) of 1973 and the Convention on the International Carriage of Passengers and Luggage by Road in 1997, pointed out the similar provisions and differences that are contained in these conventions. The essential features of the contract of international road transport of passengers and their luggage are considered, the subject of the contract is determined. Particular attention is paid to the liability of the road carrier and cases of his release from liability. Attention is paid to the organization of this type of transportation and the work of drivers, the role of international organizations in carrying out such work is determined. The requirements are specified both for the operated vehicles and for the drivers, which must meet the established criteria. It is concluded that the issues of international road transport of passengers and their luggage need constant attention and control, which is manifested in the improvement of existing regulations. It is also necessary to strengthen the legal protection of passenger rights during transportation.

  • Research Article
  • Cite Count Icon 2
  • 10.26886/2524-101x.7.4.2021.2
A Category “Public Order” and Limitations on Party Autonomy in Contracts for the Carriage of Passengers by Sea
  • Sep 22, 2021
  • Lex Portus
  • Minas Arakelian + 2 more

This article attempts to research the purpose, the meaning and the essence of the category “public order” in the legal regulation and practice of law enforcement in the sphere of passengers’ sea shipping. In the first part of the article, the authors consider the role of the public (imperative) element in the legal regulation of passengers’ sea shipping. It is paid attention to the significant segment of the state and the supranational administrative regulation in the modern legal basis of such shipping. It gets a manifestation in consolidating the possibilities of imperative influence on the system of private legal relations, including relations, complicated by a foreign element, particular on the sphere of passengers’ sea shipping. In the second part of the article, the authors applied to the definition of the correlation connections of the category “public order” with the related legal categories “law and order”, “civil order”, “world order”, made the distinction between the categories “order” and “regime”. It is emphasized the attention on the legal regime is a process aimed at establishing public order. The third part of the article is devoted to brief research of the international public order in the projection on the problems of passengers’ sea shipping. It is laid emphasis on the attempt of the world community to form a legal basis for countering illegal actions in the maritime spaces that violate the established international public order, aimed at reservation and protecting health and lives of people. It is noted that the sphere of human rights allows emphasizing more clearly the limits of the institute “public order”, which remains underestimated in the Ukrainian doctrine of international private law. Finally, the authors examine the public order clause as one of the leading institutes of the international private law and the relevant legislation of most modern states. It is emphasized the lack of a definition of the category of “public order” under the conditions of the proper regulation in the laws of the relevant clause.

  • Research Article
  • Cite Count Icon 3
  • 10.20318/cdt.2021.6304
Validity of choice of court agreements, abusive terms in air carriage contracts, assignments and compensation, is there room for anyone else? (Comments on CJEU Judgment Delayfix, c-519/19)
  • Sep 14, 2021
  • CUADERNOS DE DERECHO TRANSNACIONAL
  • Anna María Ruiz Martín

In Delayfix case, the Court of Justice of the European Union (CJEU) has interpreted the formal and substantive validity of a “choice of court agreement” included in an air carriage of passenger’s contract. But, for the first time, the CJEU has openly declared the unfair nature of these choice of court agreements, not only for the passengers, but also for third parties assigned by them. In opposition with former case law on the effects of a choice of court agreement for assignees. In carriage of passengers’ contracts, third parties are usually agencies devoted to the defense of air passenger rights and collection of credits who claim for the compensation rights in accordance with the rights conferred by Regulation 261/2004. From the EU Private International Law approach, the preliminary ruling is of interest, being the Brussels I bis regulation the instrument for clarifying whether this choice of court agreement should be deemed as enforceable or not, regarding the requirements of Article 25 Brussels I bis due to these contracts are not considered as consumer contracts. To the analysis of the merits and substantive law, contrarily than under EU Private International law rules these contracts are considered as Business to consumer (B2C) contracts, and Directive 93/13/CEE and other EU Consumer rules must be applied so as to determine the unfair nature of these clauses in these contracts.

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  • Research Article
  • Cite Count Icon 8
  • 10.33445/sds.2021.11.2.8
Occupational risk assessment of passenger bus drivers
  • Apr 18, 2021
  • Journal of Scientific Papers "Social development and Security"
  • Nataliiа Borodina + 4 more

The aim of this work is improving the procedure for professional risk assessment of passenger bus drivers, taking into account ergonomic, psychosocial, individual, and hygienic factors. To develop the methodology for assessing the professional risk of drivers the theory of analysis was used, which allows to establish alternative solutions of the problem by determining an integrated criterion that depends on a number of individual indicators characterized by ergonomic, psychosocial, individual, and hygienic factors influencing the working conditions of the passenger bus driver. A checklist has been developed to quickly assess the occupational risk of passenger bus drivers, which takes into account the impact of several harmful production factors that contribute to the creation of unfavorable conditions for the occurrence of occupational diseases. A feature of this approach is the ability to distinguish the level of risk for each harmful production factor and determine the overall level of occupational risk. It is recommended to reduce the effect of occupational risk on the driver of a passenger bus to improve the system of medical examinations, the system of admission to the vehicles driving in the implementation of passenger traffic and strengthen control over the technical condition of vehicles. The relationship between the integrated criterion of occupational risk of the driver and indicators that are characterized by ergonomic, psychosocial, individual, and hygienic factors, which are formed by the working conditions of the driver in the carriage of passengers. As a result, a new approach (checklist) is proposed, which can be used in trucking companies without any additional equipment after training in testing.

  • Research Article
  • Cite Count Icon 1
  • 10.1504/ijrs.2021.123287
Unintentional non-compliance or sheer ignorance of aircraft safety regulations: a critical analysis of a safety occurrence in Australian general aviation
  • Jan 1, 2021
  • International Journal of Reliability and Safety
  • Devinder Kumar Yadav + 1 more

The highly regulated aviation industry is around 100 years old by now and many large corporations are becoming involved in operations of aircraft. Therefore, aviation regulatory authorities are under pressure to deregulate some aircraft operations activities. However, most safety-sensitive activities, such as who can be carried on board an aircraft in flight, are still regulated under civil aviation regulations. One of the regulations known as 'carriage of passengers on prohibited flights' is directly related to safety of passengers and aircraft. Violation or non-compliance of this regulation may jeopardise the safety of both passengers and the aircraft. This paper illustrates and examines the safety issues by carrying out a case study at a general aviation aircraft operator in Australia, where a non-compliance of this regulation had occurred. The typical flight was carried out as a post-maintenance test flight and members of public were taken on board the flight. The paper also attempts to identify any human factor issue in this case.

  • Research Article
  • Cite Count Icon 1
  • 10.32782/lexsportiva/2021.2.5
REGULATORY SUPPORT OF THE RIGHTS OF ATHLETES IN THE IMPLEMENTATION OF TRANSPORTATION
  • Jan 1, 2021
  • Lex Sportiva
  • G V Samoilenko

The article is devoted to topical issues of ensuring the rights of passengers-athletes in the implementation of their transportation under the contract of carriage of passengers (in civil relations) and the implementation of transportation by official transport. The purpose of the article is to determine the state of regulations on the rights of athletes as passengers, compliance of the legal protection with the needs of ensuring their rights, development of theoretical proposals, and practical recommendations for improving existing legislation in the field. It is proved that the nature, features, and content of regulatory rights of passenger-athletes is determined by the nature of legal relations, their content and the nature of legal relations between the participants, the peculiarities of the legal regulation of these relations. It is specified that the current legislation does not contain regulatory guarantees for the rights of passenger-athletes, except in cases where the passenger-athlete is a party to the contract of carriage of passengers. It is proved that the legal status of the athlete does not affect the specifics of the conclusion and execution of the contract of carriage of a passenger, which can be concluded by him alone or by the club, committee, organization, etc. in its interests (as a contract for the performance of a third party) with the carrier. It is established that in such relations the rights of the passenger-athlete are provided by the general guarantees provided by the Central Committee of Ukraine and special, specified, and fixed acts of the transport and consumer legislation. When transporting passengers-athletes by official transport (in particular, in labor relations), their rights are ensured by the content of the norms of Chapter 82 of the Civil Code of Ukraine, which apply to cases of injury to the passenger by injury, other health damage or death.

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