Traffic Police Civil Liability in Taking the Cars to the Parking by Crane with his Command
at the recent years an action commonly done at the streets of the city is taking the cars parked at the illegal places by crane with the police command. Consequently, there may happen damages to these cars or the things inside which needs a legal resolution. Including Challenges Issues can mention to the damage that may be the car that is being shipped or come in its cargo. The purpose of the present research is to disambiguate the new law handling driving offenses regarding the assignment of liability and compensation for possible damage caused by the subject.
In this research, it is attempted to use the method of critical analysis of legal texts as well as analytical-descriptive methods, aspects of the subject of serious legal issues and in the end, an appropriate solution is to be provided.
The ambiguity in Article 13 of the new law on handling driving offences and its note in the assignment of liability for compensation to a vehicle or its delivery puts questions in the mind. The first question is, can the owner of the vehicle who committed the traffic offense be responsible for all the consequences of his verb? and so he would not be entitled to any compensation? Secondly, can it be said that with the obtaining of the conditions, may a police officer who issued a carriage order be liable for any damages incurred during transportation? and thirdly, under what conditions could the driver of a vehicle carrying a crane or vehicle maintainer be liable? The results indicate that one cannot believe in the absolute indecency of the police liability about the matter. However, caution should be exercised in assigning responsibility for possible damage to the police and under conditions that do not challenge the police in carrying out its mission. The answer to the above questions and the quantitative study of this legal issue is the subject of the present article, which we seek to answer by referring to different laws, sources and scientific bases and with the help of a method of critical and interpretive analysis.
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