The Nature Of The Fleet Operation Stations And Its Assuming The Responsibilities

Road traffic, which forms a crucial part of modern communication, is connected with everyone's daily life. With the emergence and development of passenger transportation independent of undertakers of the transport business and the passengers, current laws of contracts has had difficulty in regulating such civil law relations. As a result, discussion over this civil law actuality assumes considerable importance. Especially when the operator of the passenger cars or buses have been running independently and once there occur cases in which passengers suffer injuries. It seems more complicated to deal with the compensation for the travelers. It is a rather difficult question in law practice as well. The following article is to put forward some points in this respect, in the hope of providing some help to the business of passenger traffic and law practices concerning the trade.As an operative entity a fleet operation station is based on certain conditions, such as an operating place and some facilities. The major activity conducted by such an entity is to provide adequate service to passengers and operative vehicles and committing corresponding administration.Between the fleet operation station and the operators of passenger traffic there is a relation of trust and proxy, as the station sells tickets on behalf of the operators. If the station state openly its role as a proxy and informs the passengers of those who entrust, it will be adequate for it to act as a proxy. After the act of proxy, the station withdraws from the contract of passenger traffic contracts, leaving the other two sides as the direct participants. However, if the station does not do so, it will not be a qualified proxy. The passenger traffic station is to assume responsibilities for its selling the tickets. Though the station can be ascertained as the litigant of the passenger traffic contract according to the traditional theories in civilian laws, there still lies some inconsistency between such conviction and reality. The author holds that the relationship among the three parties of passengers, the fleet operation and the operators of the traffic can be ascertained with Article 402 in the Contract Lawapplied, i.e., if the passenger is aware of the proxy relationship between the station and the operators when buying the ticket, the traffic contract will apply to the passenger and the operator, while the station will be clean of any responsibility. On the contrary, if the passenger is not informed of the relationship, after suffering the injuries, they are in the power of choosing between the other two parties for the taking of the responsibilities of indemnity.The bus station also assumes the responsibility of checking the license of all vehicles in its administration to operate in the trade. If the bus company is less than careful in this qualification, thus letting those vehicles which bear lurking peril into the station, and such vehicles do cause passenger injury accidents because of the hidden danger, the misadministration in checking the traffic on the part of the fleet operation will be in relation to the fact that the passengers suffer injuries. The bus company, then, should take the responsibility of infringement act. Also, if the fleet operation is inefficient in its duty of safety inspection, and the fact that the passengers suffer injuries is in consequence of such inefficiency, the bus company is to take infringement responsibilities. In general, this article is in favor of the view that whether there lies relation between the conduct of the passenger traffic operation and the injuries suffered by the passengers should be judged from respective causal relationship.The misadministration on the part of the fleet operation stands only as a remote cause of road accidents resulting in passenger injuries. As a result, the bus company should take only additional tort responsibilities. Such responsibilities fall into the category of non-genuine obligation establishing joint and several. However, according to the actuality in our cou...