PRAVA PUTNIKA KAO KORISNIKA USLUGA PREVOZA U DRUMSKOM SAOBRAĆAJU

Abstract

In all types of transportation, passengers are the weaker party to the contract of transportation and do not have the possibility to contractually oblige the carrier to fully respects its obligations of orderly execution of transportation. Noticing the problems that passengers as users of transport services encounter in all types of transport, the EU as a regional organization has taken significant steps in the last few years in terms of protecting passengers as a special category of consumers in all types of transport, which means also in road transport. The essence of the adopted regulations is the enhanced protection of passengers in the sense that passengers are recognized (guaranteed) with certain rights when they suffer certain inconveniences or damages due to traffic disruptions. The adopted regulations established a whole range of passenger rights, that is numerous obligations and responsibilities of carriers for non-fulfilment or improper fulfillment of their obligations to passengers, which are mainly the result of traffic disruptions (delayed departure, cancellation of departure, trip interruption, etc.) are established. In essence, it is about increased protection of passengers in relation to current international and national regulations, because carriers are sanctioned for the irregular performance of their contractual obligations. The rights of passengers as users of transportation services in road traffic are regulated by EU Regulation no. 181 from 2011. The essence of this Regulation is that passengers are granted some special rights in the event of a delay in the departure of the means of transport, a delay in the course of transport, an interruption of the trip, etc. By recognizing these special rights, passengers are provided with stronger legal protection compared to the general rules of civil law. In accordance with the determination of the Republic of Serbia to become a member of the EU, which also means that it must harmonize its legislation with EU law, it was to be expected that Serbia would make appropriate changes to the regulations in this area in order to harmonize them with EU law, however, when it comes to the road transport of passengers, Serbia to this day she has not done so. liability of the road carrier.