Transport law

The traffic law is part of the transport sector and in the broadest sense includes all legal norms that are associated with the traffic, so the change in location of people and goods. It is very complex because it is composed of a wide variety of rules of public law and private law. Due to the diversity of regulatory requirements, it can be detected only with difficulty in codification and is therefore a detailed legislative subjected. In addition to the care of a functioning transportation system is the traffic law of one of the two major tasks of the transport policy.

Systematization

One possible classification, the distinction between rules of public law and provisions of general law dar. to public traffic law include the traffic administrative law (for example, issue or withdrawal of a driving license ) and criminal traffic and punishable by a fine law ( for example cautionary because of parking violation ). The private traffic law can be divided into traffic contract law (for example, contract of carriage or warranty law when buying a car ) and transport liability law (for example, damages and transport insurance law provisions).

Another possible subdivision of traffic law can be classified into general and special traffic law traffic law. Based on the different modes of transport is divided the particular traffic law in rail traffic law, traffic law, aviation law, traffic law and law of the sea water.

Road traffic law

Germany

In road traffic, road transport legislation is in everyday life of every citizen of great importance.

It comprises the following sections:

• Traffic civil law, in particular the carrier's liability law (for example, liability for accidents ) and the traffic law of contract (purchase and sale of vehicles, repairs, etc. )
• Traffic and criminal traffic misdemeanor cases ( fines, warnings )
• Driving law
• Regulatory Approval

Affected are also the legislation on planning, road loads, etc.

Significant regulatory matters are the street (StVG ), the Road Traffic Regulations ( Highway Code ), the Road Traffic Licensing Regulations ( Road Traffic Licensing Regulations ), the vehicle registration Regulation ( FZV ) and the driving license regulations ( FeV ). The road traffic law is so typical regulatory law, which is determined by federal law. For the individual areas of law different authorities (for example, road traffic authority, regulatory agency, public prosecutor ) but also Entrusted (private individuals, who are entrusted with the exercise of official authority - the most famous example of this is the TÜV) responsible.

The road traffic law ( as the " law of the street " ) is bound to the dedication of the road to street legal, but the road traffic law applies to (non- dedicated ) Private roads when taking place on these general traffic. It refers to the regulation of the safety and efficiency of traffic on the road. It is used in areas where a traffic area for the general public is available, where in other words, public transport takes place ( → Transport reason).

The largest association of specialized traffic law lawyers in Germany is the Association of Transportation Law of the DAV eV with over 6,000 members.

Austria

The road traffic law is governed here by a series of laws and regulations. The most important are:

• Road Traffic Regulations ( Highway Code )
• Motor Vehicles Act ( CFG )
• Driver's license law (FSG )

Roads and right of way

The roads and right of way is not a traffic law, it determined but as " right on the road " and therefore part of public law. The road law is priority right, which is generally state law ( Highways Act ), federal law only in the area of ​​federal highways ( roads and motorways, federal highway law ). It determines the use of the road as part of the dedication. The dedication sees more use forms: public use, riparian use, public use and special civil special use. Competent authority is responsible for road construction and the road authority.

Passenger and freight internationally

In addition to national regulations, there are inter-governmental agreements, the person and primarily regulate the transport of goods by road. For example, the International Convention relative to Motor vehicle traffic from April 24th 1926 will again as IntKfzV in German law. Especially in freight transport, there are a whole range of standards from European law, which have been partially implemented into national law or apply directly. The Convention on the Contract for the International Goods by Road ( CMR) unified parts of the international transport law.

Federal Inspectorate esp. for the technical field of road transport is the Federal Motor Transport Authority (KBA ), headquartered in Flensburg.

Aviation Law

In air transport, traffic rights denote first international agreements on airworthiness certification of airlines, see also freedoms of the air. The actual aviation law covers not only national but on a large scale and international legal requirements. International uniform law was created especially by the Warsaw Convention of 12 October 1929 and the Montreal Convention CONTINUED it on May 28, 1999, and within the scope of European Union law by the EC Regulation (EC ) No 261/2004 of 11 February 2004 ( see further passenger rights ).

Federal Inspectorate esp. for the technical field of aviation is the Federal Aviation Authority (LBA ) based in Braunschweig.

Railway Law

The railway law covers all rules for the construction and operation of rail vehicles. The rules being so far largely nationally constructed will also be determined to an increasing extent by international agreements. In Germany is the General Railway Act ( AEG), the railway transportation regulations (EVO ) and the Railway Construction and Operation (EBO ) is of particular importance. In the international rail transport was by the Convention concerning International Carriage by Rail ( COTIF) and the corresponding Annexes A (CIV, passenger ) and B (CIM, freight) created uniform laws.

A special form of traffic law is the maglev law.

Federal Supervisory Authority for both railroads as for magnetic levitation (these are legally no railways! ) Is the Federal Railway Authority (EBA ) based in Bonn.

Streets and subways are subject to the construction and operation order for trams; they are monitored by the appropriate authorities of the individual provinces. Narrow-gauge railways are subject to the Railway Construction and Operating Rules for narrow gauge railways ( ESBO ), which is also monitored by the countries.

Right of waterways

The general traffic serving waterways (large rivers and canals, including the carrying lakes as federal waterways ) are located in Germany owned by the state, which sets the right of way for the federal waterways and traffic law for inland navigation. The right of way for the other waterways is state law. There are several laws on the use to the approvals for the transfer of vessels of every conceivable size classes.

Law of the Sea

Maritime law originates mainly international agreements (in addition but still can also play a role in national law ). Significantly, in addition to the shipping registers especially the Maritime Courts and the requirements for the acquisition of the captain patent.

Other means of transport

In addition to the classical transport that are already enumerated in the article, there are other means of transport. So, for example, are subject to rack railways additional requirements for cableway installations there are also their own regulations, as well as for mining trains. In part, this leads to real obscurities, so had to create a funicular law, for example, the state of Mecklenburg -Western Pomerania due to an EU directive, although there is no cable car in the country.