VEHICLE OPERATOR AND RESPONSIBILITIES

People need transportation for a large part of their lives to fulfill their daily responsibilities. Some need transportation for work, some for school, and others for travel. Recently, there has been an increase in the use of public transportation, especially in our country. Therefore, it has become important to know who is responsible for our losses in the event of an accident involving these vehicles. In the event of a traffic accident, it is quite likely that we will suffer some material and moral losses. Our rights are legally protected in addressing these losses. Let's assume an accident occurs while using public transportation, and as a result, we suffer losses with both material and moral dimensions. We can hold the vehicle driver, the vehicle operator, and the insurance company responsible for these losses. In this article, we will discuss the responsibility of the vehicle operator towards the victims.

Who is the Vehicle Operator? Compensation claims arising from traffic accidents hold a significant place in our compensation and liability law. In these cases, in addition to those at fault, the vehicle operator also has strict liability. In other words, the vehicle operator is held strictly liable even if they are not at fault in the accident. We can define the operator as the person who uses the motor vehicle for its intended purpose, earns income from it, benefits from it, and bears its expenses. The concept of operator is explained in Article 3 of the Highway Traffic Law as follows: “The operator is the person who owns the vehicle or is registered in the registry as the buyer in a sale with retention of ownership, or the lessee, borrower, or pledgee in cases such as long-term leasing, borrowing, or pledging of the vehicle. However, if it is proven by the relevant party that another person operates the vehicle on their own account and at their own risk and has actual control over the vehicle, that person shall be considered the operator.” According to this explanation, in sales with retention of title, the person registered in the registry as the buyer, or in cases of long-term leasing, borrowing, or pledging, the lessee, borrower, or pledgee, is considered the operator if it is proven that they operate the vehicle on their own account and at their own risk, and have actual control over the vehicle. It is possible to examine the concept of operator by grouping them into two categories: actual operator and hypothetical operator.

1. Actual Operator: We can identify a person as the actual operator in the following situations.

– The person who owns the vehicle

– Buyer who purchases while reserving title

– Renter who rents a vehicle for a long term

– Long-term borrower

– The person who took the motor vehicle hostage

– Entrepreneurs involved in the operation of motor vehicles

2. Hypothetical Operator: We can characterize a person as a hypothetical operator in the following situations.

– Those who are professionally engaged in areas such as vehicle maintenance, repair, protection, and sales

– Race organizers

– Thieves and robbers

Liability of the Vehicle Operator: We have discussed the importance of the concept of liability in compensation cases arising from traffic accidents. We know that the vehicle operator also has strict liability in these accidents. Article 85 of the Turkish Traffic Law clearly states the operator's liability, saying, "If the operation of a motor vehicle causes the death, injury, or damage to property of a person, the person considered to be the operator shall be liable for this damage." Certain conditions must be met for the operator to be held liable. These conditions are:

– There must be some damage involved

– The damage must be caused by a motor vehicle

– The damage must have occurred while the motor vehicle was in use

– There must be a causal link between the occurrence of the damage and the operation of the vehicle

– The operator must not have provided proof of exoneration

Exemption from Liability for the Vehicle Operator: We know that the person acting as the operator is held liable in accidents. However, it would be incorrect to say that the operator is definitively liable in every accident. Under certain conditions, the operator may be exempted from this liability. For the operator to be exempted from liability for vehicles in operation, there must be no fault attributable to them or those for whom they are responsible in causing the accident, and the vehicle defect must not have played a role in the accident. Furthermore, along with these conditions, the operator must prove that the appropriate causal link between the damage and the operation of the motor vehicle was broken by force majeure or the gross negligence of the victim or a third party. In other words, proving only one of the reasons that broke the causal link is not sufficient for the operator to be exempted from liability. They must also prove their innocence and that the vehicle defect did not contribute to the accident. The burden of proof here does not rest on the injured party. Since the operator's fault and the vehicle defect are presumed in the law, the operator is obligated to prove their innocence and that the vehicle defect did not cause the accident. If the operator cannot refute this presumption, they cannot escape liability for damages arising from the operation of the motor vehicle, even if they prove one of the reasons that severs the appropriate causal link.

FURKAN YILDIRIM