Specifics of employer’s insurance of road transport drivers against transport accidents
Year: 2025
Type: article
Abstract: The article emphasizes that the reform of legislation in the field of compulsory insurance of drivers against accidents on transport is delayed and contains contradictory regulations. This, in turn, is an obstacle for drivers to receive social protection to the appropriate extent. The purpose of this study is to identify currently unresolved issues that make it impossible to properly implement social protection of road transport drivers against transport accidents and to develop proposals for improving legislation. It is established that not only employees who are in the position of driver, but also other employees may need to use the employer’s transport to perform work duties with an intensity not less than that of employees working in the position of driver. At the same time, there is no possibility for employers to insure such employees on identical terms. In addition, individuals (not entrepreneurs) who provide services or perform work on the basis of a civil contract and use (drive) the customer’s transport remain outside the legislator’s attention in terms of their social insurance against transport accidents. The author establishes that as a result of reforming the compulsory insurance of drivers against transport accidents, drivers employed by individual entrepreneurs have lost social security in this part, since the new procedure provides for financing such insurance at the expense of enterprises which are not individual entrepreneurs. The following conclusions are proposed: in the Procedure and Terms of Insurance for Motor Vehicle and Urban Electric Transport, to expand the subject composition of insurers by adding individuals – business entities, and to make a corresponding amendment to part two of Article 12 of the Law of Ukraine «On Motor Vehicle Transport». The legislation should also provide for the possibility for employers to insure on a voluntary basis against transport accidents for employees who are not drivers but use employer vehicles to perform their work duties.
Author: O. L. Kuchma
Institution: Taras Shevchenko National University of Kyiv
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408570609