Scope of application and railway operators' liability pursuant to bylaw regarding rail passengers' rights

Abstract

The Bylaw Regarding Rail Passengers’ Rights, published in the Official Gazette on March 8, 2019, gives the impression that only the rights of rail passengers are regulated. However, it in fact quite comprehensively regulates the obligations of both rail passengers and railway train operators in addition to the operators’ liability and rail passengers’ rights. This study contains discussions first of the scope of application of the Bylaw and its relation with the other legislation in force, especially the Rumeli Railways Operating Regulation, which is in force since the period of the Ottoman Empire, and the provisions of the Turkish Commercial Code regarding transportation law is discussed. In this context, the need to adopt a law that explicitly repeals Rumeli Railways Operating Regulation is emphasized. The obligations of the railway train operator and the liability arising from these obligations are also examined. Within the scope of a railway train operator’s responsibility, the conditions regarding the operator’s liability are addressed including liability arising from passenger death and injury, release from liability and principles of limitation of liability, and liability for damage or loss of baggage or goods. All these principles stipulated by the Bylaw are compared with national and international regulations on carriage of passengers and goods.