The Supreme Court of Ukraine concluded that the emergency situation regime introduced in Ukraine in connection with COVID-19 from March 25, 2020 to June 30, 2023, as well as the martial law introduced from February 24, 2022, do not provide for exceptions in terms of compliance by road carriers with legal requirements regarding the mandatory availability of a list of documents.

The conclusion is contained in the decision of the Supreme Court K/990/5697/24, adopted last Thursday in connection with the cassation appeal of the State Service on Transport Security of Ukraine (Ukrtransbezpeka).

The civil service appealed to the Supreme Court with a cassation appeal, having lost the courts of previous instances in the case of imposing an administrative fine on May 1, 2023 during a raid inspection in Poltava region. The driver transporting passengers on Poltava-Kovalivka route was unable to provide Ukrtransbezpeka inspectors with a completed individual driver control book and was fined UAH 17,000. The driver went to court – the first and appellate instances sided with him.

The reasoning of the court of first instance stated that the driver was stopped for inspection until June 30, 2023, when a state of emergency was established on the territory of Ukraine due to the COVID-19 epidemic and the Regulations on working time and rest time for drivers of wheeled vehicles, approved by order of the Ministry of Transport and Communications of Ukraine No. 340 dated June 7, 2010 does not apply to controversial legal relations. The appellate court upheld the decision.

"Taking into account that the state of emergency lasted in Ukraine for more than three years, and the martial law has already lasted for more than two years, the statement of the previous courts about the possibility of failure by road carriers to comply with the legal requirements for transportation for such a long period of time, in particular for the transportation of passengers, is groundless," according to the decision of the Supreme Court, which upheld the cassation appeal of Ukrtranbezpeka.

The panel of judges of the Supreme Court ruled that Law No. 2344-III does not provide for any exceptions in terms of compliance by road carriers with the requirements of the legislation on road transport regarding the mandatory possession of vehicle drivers at the time of raid checks of all documents specified by law during an emergency situation, in particular, medical and biological nature, and the introduction of a special legal regime of martial law.

"According to Article 39 of Law No. 2344-III, motor carriers, drivers, passengers must have and present to persons authorized to exercise control in motor transport and in the field of road safety, documents on the basis of which passenger transportation is carried out," the Supreme Court said in its decision.

It is indicated that for road carriers performing regular passenger transportation, such documents include a license, an agreement with executive authorities and local governments or their permission, a route passport, a document certifying the use of the bus legally, and other documents provided for by the legislation of Ukraine. Bus drivers must be prepared to present a driver's license of the appropriate category, registration documents for the vehicle, ticket and cash register sheet, route map, schedule, fare table (except for urban transportation), and other documents required by the legislation of Ukraine.

In addition, it is stipulated that a driver driving a vehicle that is not equipped with a tachograph (a control device that records traffic information) must drive and be ready to present an individual driver control book or a copy of the driver's shift schedule.

Thus, the effect of a state of emergency or martial law does not relieve carriers from the need to comply with legal requirements, Ukrtransbezpeka said.