OBAVEZE PREVOZNIKA PREMA LICIMA SA INVALIDITETOM KAO KORISNIKA USLUGA PREVOZA PREMA PROPISIMA EU I PROPISIMA SRBIJE

Abstract

The paper discusses the obligations of the carrier as a provider of transportation services towards persons with disabilities as passengers in public transportation according to EU regulations and Serbian regulations. Bearing in mind that passengers as users of transportation services in all branches of traffic are generally the weaker party to the contract (especially when persons with disabilities appear as passengers), it was necessary to prescribe clear obligations of the carrier as well as other entities that provide services that are in the function of using transportation service in relation to persons with disabilities and persons with reduced mobility. The starting point for establishing appropriate obligations for carriers towards this category of service users is the UN Convention on the Rights of Persons with Disabilities. On the basis of the principle provision from this convention, the obligations of carriers towards persons with disabilities as passengers in public transport are regulated in all branches of traffic by the relevant EU regulations (Regulations). Based on the UN Convention on the Rights of Persons with Disabilities, the relevant EU regulations and the Law on Prevention of Discrimination against Persons with Disabilities of the Republic of Serbia, in Serbia, the regulations on passenger transportation in certain branches of traffic prescribe appropriate obligations for carriers towards persons with disabilities as users of transportation services. By prescribing appropriate obligations of carriers towards persons with disabilities as users of transportation services, persons with disabilities as passengers in public transportation finally received appropriate protection, at least in a normative sense. Due to the differences in certain branches of traffic and the issue of the carrier's obligations towards this category of passengers, it is regulated differently in certain branches of traffic, but the conclusion is that this issue is best regulated when it comes to air transport, so it can serve as a model for further regulation of this issues in other branches of traffic in Serbia, especially when it comes to road traffic, since the current regulations almost do not regulate it.