Decree of the Ministry of Transport No. 102 / 1995 Coll.

Decree of the Ministry of Transport on the approval of technical competence and technical conditions of road traffic

Valid Order Effective from 01.07.1995
102
DECLARATION
Ministry of Transport
of 31 May 1995
on the approval of technical competence and technical conditions for the operation of road vehicles
The Ministry of Transport pursuant to Section 16 of Act No. 38 / 1995 Coll., on technical conditions of road traffic, provides:

ČÁST PRVNÍ

Road vehicles and other than road vehicles
§ 1
The conditions to be met by a road vehicle ("the vehicle ') or other than a road vehicle (" other vehicle') with regard to construction, design and fittings are set out in Parts III to VIII of this Decree. It is not decisive whether the vehicle is registered in the vehicle register and bearing the registration mark or not.
§ 2
Vehicle category
Vehicles are divided into these categories for the purpose of determining technical conditions (1)
(a) category L - motor vehicles which have two or three wheels,
(b) category M - motor vehicles intended for the carriage of persons with at least four wheels,
(c) category N - motor vehicles intended for the transport of goods having at least four wheels,
(d) category T - tractors,
(e) category O - trailers,
(f) category R - other vehicles.
§ 3
Vehicles of category L
(1) Category L includes motor vehicles
(a) category L1 with two wheels (hereinafter referred to as "two wheels") and an engine with a cylinder displacement not exceeding 50 cm3 in the case of propulsion by an internal combustion engine and a maximum design speed not exceeding 50 km.h-1 at any type of propulsion;
(b) category L2 with three wheels with an engine capacity not exceeding 50 cm3 for propulsion by an internal combustion engine and a maximum design speed not exceeding 50 km.h-1 at any type of propulsion;
(c) category L3 with two wheels ("two-wheel") with an engine having a cylinder displacement exceeding 50 cm3 in the case of propulsion by an internal combustion engine or a maximum design speed exceeding 50 km.h-1 at any type of propulsion;
(d) category L4 with three wheels placed symmetrically in relation to the longitudinal median plane of the vehicle and an engine with a cylinder displacement exceeding 50 cm3 in the case of propulsion by an internal combustion engine or a maximum design speed exceeding 50 km.h-1 at any type of propulsion (motorcycle with side-car);
(e) category L5 with three wheels symmetrical to the longitudinal median plane of the vehicle and an engine with a cylinder displacement exceeding 50 cm3 in the case of propulsion by an internal combustion engine or a maximum design speed exceeding 50 km.h-1 at any type of propulsion.
(2) Category L also includes a bicycle with a permanently built-in propulsion engine (motor) with an engine cylinder capacity not exceeding 50 cm3 in the case of propulsion by an internal combustion engine and a maximum design speed not exceeding 20 km.h-1 at any type of drive belonging to category LM.
§ 4
Vehicles of category M
(1) Category M includes motor vehicles
(a) category M1 - are intended for the carriage of only seated persons and their luggage and having not more than nine seating positions, including the driver's seat; the total weight shall not exceed 3,5 tonnes and the baggage compartment shall not exceed the passenger compartment; the space resulting from tilting or temporary disassembly of seats shall not be counted in this space,
(b) category M2 - have nine or more passenger seats whose total weight does not exceed 5 tonnes,
(c) category M3 - have nine or more passenger seats whose total weight exceeds 5 tonnes.
(2) Vehicles of categories M2 and M3 are further divided into the following classes:
(a) Class I - city bus with seats and standing passengers,
(b) Class II - an intercity bus with seats and places for standing passengers only in an alley;
(c) Class III - long-distance bus with passenger seats only (not intended for the carriage of standing passengers).
§ 5
Vehicles of category N
(1) Category N includes motor vehicles
(a) category N1 - whose total weight does not exceed 3,5 t;
(b) category N2 - whose total weight exceeds 3,5 tonnes but does not exceed 12 tonnes,
(c) category N3- whose total weight exceeds 12 tonnes.
(2) This category also includes:
(a) special vehicles intended for the performance of certain work;
(b) tractors designed to tow semi-trailers or trailers.
(3) In the case of a tractor intended to be connected to a semi-trailer (trailer tractor), the mass considered for the classification of the vehicle shall be the mass of the tractor in standby condition, increased by a mass corresponding to the maximum static vertical load applied by the trailer to the tractor and, where applicable, increased by the maximum mass of the tractor's own load.
§ 6
Category T vehicles
Category T includes a tractor with wheels or belts, with at least two axles, the function of which is given by a towing force, designed to tow, push, carry or power certain tools, machinery or trailers intended for use on an agricultural, forestry or other holding; may be carried out for carriage of cargo and accompanying operators.
§ 7
Vehicles of category O
(1) The trailer is a vehicle used for the transport of goods or persons, it does not have its own power source and it usually does not have drive axles. It is designed to be towed by a motor vehicle or tractor, if any.
(2) Category O includes trailers
(a) category O1- with one axle whose total weight does not exceed 0,75 t;
(b) category O2 whose total weight does not exceed 3,5 t if it does not belong to category O1;
(c) category O3- of which the total weight exceeds 3,5 tonnes but does not exceed 10 tonnes,
(d) category O4- of which the total weight exceeds 10 tonnes.
(3) The trailer is a towed vehicle whose axle or axles are located behind the centre of gravity of the vehicle (when the load is evenly distributed) and which is equipped with a coupling device enabling horizontal and vertical forces to be transferred to the towing vehicle. One or more axles may be driven by a towing vehicle. For the classification of semi-trailers for classification in the relevant category, the sum of its authorised axle load shall be determined.
(4) The trailer is a towed vehicle with at least one axle, equipped with a coupling device that can move vertically (relative to the trailer) and controls the direction of the front axle or axles and does not cause significant loads on the towing vehicle. One or more axles may be driven by a towing vehicle.
(5) The centre axle trailer is a towed vehicle equipped with a towing device which cannot move vertically in relation to the trailer and having a axle or axles located close to the centre of gravity of the vehicle (when the load is evenly distributed) so that only a small static vertical load (either not exceeding 10% of the load corresponding to the total mass of the trailer or a maximum of 10 kN is applied to the towing vehicle, whichever is the lower).
(6) Tractors' trailers are divided into the following categories:
(a) category OT1 - whose total weight does not exceed 1,5 t;
(b) category OT2 - whose total weight exceeds 1,5 t but does not exceed 3,5 t,
(c) category OT3 - whose total weight exceeds 3,5 tonnes but does not exceed 6,0 tonnes,
(d) category OT4 - whose total weight exceeds 6,0 tonnes.
§ 8
Vehicles of category R
Category R includes other vehicles which cannot be classified in categories L, M, N, T and O.
§ 9
Terrain vehicle
(1) A road vehicle is a motor vehicle belonging to vehicles of category M or N with increased passageway meeting the additional technical requirements laid down in Section 80.
(2) The vehicles referred to in paragraph 1 are marked with additional letter G (e.g. M3G, N3G).
§ 10
Vehicle types
(1) Vehicles are divided into:
(a) motorcycles;
(b) tricycles and quadricycles,
(c) passenger cars;
(d) buses;
(e) lorries;
(f) special vehicles;
(g) tractors,
(h) trailers;
(i) tractors;
(j) other vehicles.
(2) Motorcycle is a motor vehicle of category L1, L3 or L4 normally used for the carriage of persons ("two-wheel vehicle").
(3) A tricycle is a motor vehicle of category L2 or L5 used for the carriage of persons or goods.
(4) The four-wheel drive is a four-wheel motor vehicle having the character of a motorcycle structure and the following parameters and which is classified in category L for the purposes of this Regulation
(a) a light quadricycle - its unladen mass (unladen mass plus driver's mass) does not exceed 0,35 t (for electric vehicles the mass of accumulators is not counted), its maximum design speed does not exceed 50 km.h-1 and the engine displacement volume does not exceed 50 cm3 in the case of an internal combustion engine (for other engine types it does not exceed a maximum net power of 4 kW); These vehicles are considered L2 category vehicles,
(b) quadricycle - its unladen mass (unladen mass plus driver's mass) does not exceed 0,4 t or 0,55 t for vehicles intended for the transport of goods (for electric vehicles, the mass of accumulators is not counted) and the maximum net engine power does not exceed 15 kW; Such vehicles shall be considered L5 vehicles.
(5) A passenger car is a motor vehicle of category M1.
(6) The bus is a motor vehicle of category M2 or M3; may be single-storey or double-storey, including in articulated design and design and its equipment intended for any type of passenger transport (e.g. urban, interurban, remote).
(7) A truck is a category N motor vehicle.
(8) A special vehicle is a category N motor vehicle intended for the performance of certain work; not intended for transport operations.
(9) The tractor is a category N motor vehicle intended for towing a semi-trailer or trailer.
(10) The tractor is a category T motor vehicle.
(11) The trailer is a category O vehicle.
(12) The other vehicle is a category R vehicle and includes, in particular, a bicycle, a coating vehicle, a one-axle tractor with a trailer, a wheelchair, unless it belongs to other vehicles (Section 11 (6)), etc.
(13) A closer description and division of the categories and types of vehicles and the use of abbreviations when completing the licences and approval documents is given in Annex 1 to this Regulation.
§ 11
Types of other vehicles
(1) Other vehicles are divided by species into:
(a) working machinery (category S);
(b) the vehicles referred to in paragraph 6 of this paragraph;
(c) military vehicles.
Another vehicle is not a vehicle which is built on a complete chassis of a car, tractor or trailer and a semi-trailer.
(2) A self-propelled working machine is another vehicle with a self-propelled vehicle which is authorised to operate on the road and is designed to carry out certain work activities only; not intended for transport operations. It shall be classified as SS category.
(3) The working machine is a non-self-propelled vehicle connected to a motor vehicle adapted for its connection and constructively and equipped only for the performance of certain work activities; not intended for transport operations. It shall be classified in category SP.
(4) The working machine carried is a suspension work device without its own power source which is not in direct contact with the road in the transport position. It is classified as SN.
(5) Working machinery for agricultural activity is divided into these categories
(a) category SP1 - whose total weight does not exceed 3 t;
(b) category SP2 - whose total weight exceeds 3 tonnes but does not exceed 6 tonnes,
(c) category SP3 - whose total weight exceeds 6 tonnes.
(6) Other vehicles include:
(a) a non-motor vehicle or a non-motor working machine, drawn or pushed by a walking person;
(b) a hand-driven wheelchair, if its width or length does not exceed 1 m or its design speed does not exceed 6 km.h-1 or its total mass does not exceed 0,45 t.
(7) A military vehicle is another vehicle intended for the performance of combat tasks of the Army of the Czech Republic, whose technical competence is approved under a special regulation.2)
(8) A closer description and division of the categories and types of other vehicles and the use of abbreviations in the completion of the licences and approval documents is given in Annex 1 to this Regulation.

ČÁST DRUHÁ

Approval of technical competence
§ 12
Approval of technical competence of a vehicle type
(1) Vehicle type means vehicles of the same design, manufactured by the same manufacturer, which are officially marked by the manufacturer (production mark, manufacturer, type, vehicle code VIN, trade mark, etc.). Type-approval shall be subject to vehicles the total number of which is intended for commercial purposes (for hire or reward) during the 12 consecutive calendar months shall be six or more; the production or import of such vehicles is considered mass production (hereinafter referred to as "production ').
(2) The type-approval of a vehicle type shall be carried out by the Ministry of Transport (hereinafter referred to as "Ministry") according to the final implementation of the prototype or vehicle from the verification series or imported vehicle samples and the relevant technical documentation and applications of the manufacturer or the foreign manufacturer of the authorised representative based in the Czech Republic (hereinafter referred to as "manufacturer").
(3) The manufacturer shall attach to the application for approval of the technical competence of a mass-produced vehicle containing the essential information concerning the manufacturer and the vehicle, unless otherwise specified for each category of vehicle referred to in Part I:
(a) the overall technical description of the vehicle with the supporting documents for the processing of the basic technical description of the vehicle type approved;
(b) a drawing indicating the external and internal dimensions of the vehicle, the data on the standby and total mass and their division into individual axles;
(c) an external lighting and light-signalling situation drawing;
(d) a drawing specifying the driver's vision specification;
(e) the design of the driving of the vehicle with the indication of geometry, the suspension scheme;
(f) a diagram of the braking devices describing the operation;
(g) basic scheme of electrical installation;
(h) specification of applicable tyres and rims (dimensions, thickening, load capacity, speed category, etc.),
(i) a list of the vehicle's equipment, indicating its mass;
(j) operating and maintenance instructions in the Czech language or other commercial technical documentation supplied with the vehicle;
(k) vehicle inspection protocols for the approval of technical competence;
(l) approval protocols (approval certificates and technical protocols) for the emission of pollutants, noise, interference, brakes, exterior lighting and light-signalling, if required for the relevant category of vehicles, and a list of other approved approval protocols; in subsequent proceedings, the Ministry may, where justified, waive the submission of a certification protocol and recognise as an equivalent document the technical test report according to the relevant ECE Regulation with a declaration of conformity of production,
(m) specific technical data, if provided for, with warnings for any need for technical inspection and emission measurement stations;
(n) a statement that the vehicle complies with the technical conditions laid down in this Regulation and, where it requests an exemption from certain provisions, its specification with a justification.
The Ministry may prescribe the submission of further technical documentation, in particular detailed drawings and calculations, opinions of the health service authorities, fire protection, safety of work, in the case of imports of a vehicle, a document of conformity with the approved vehicle type (certificate of conformity) issued in the State of manufacture of the vehicle type, etc., to impose operational tests of the vehicle type and, where appropriate, further tests of the vehicle and lay down the conditions for such tests.
(4) Before the production of a prototype, zero series or start-up series of vehicles, the manufacturer shall affix to the application for type-approval of such vehicle series
(a) basic information on the method of production of vehicles of this series, the extent and duration of its production and other necessary information by mutual agreement;
(b) the technical documentation referred to in paragraph 3 of this paragraph, with the exception of those which result or are contingent upon the results of long-term tests and the definitive production of mass production.
Approval of a type of such vehicle shall be granted for a maximum of 12 calendar months in succession.
(5) The approval shall verify the conformity of the vehicle with the documentation submitted.
(6) The manufacturer shall, upon request, provide the Ministry for a reasonable period of time with a vehicle the type of which is to be or has already been approved to verify technical operational parameters, including a set of parts necessary to ensure good technical condition and operational performance during the operational tests.
§ 13
(1) The technical capability of a vehicle type to operate on the road shall be approved, provided that:
(a) compliance with the technical conditions laid down in Parts III to VIII of this Order;
(b) compliance with the conditions laid down for this purpose by international provisions on homologation, 3)
(c) compliance with the conditions required for certain types of transport by a special rule, such as the Agreement on the Transport of Dangerous Goods (ADR); new types of vehicles of category N and O shall comply with the conditions laid down in the special Regulation (3a) and shall be approved accordingly;
(d) the positive result of tests of a type of vehicle by a legal person authorised by the Ministry to carry out approval and approval tests on vehicles (hereinafter referred to as the "test report") or on the manufacturer with the participation of the approval authority; If the method and scope of such tests are not specified by international provisions on certification, tests shall be carried out according to uniform conditions and procedures approved by the Ministry,
(e) provision of service and spare parts on the territory of the Czech Republic throughout the period of production and import and for at least five years after the end of production or import.
(2) For the mass production of a vehicle whose technical competence it approves, the Ministry shall issue a certificate of technical competence of a vehicle type annexed to a basic technical description of an approved vehicle type with limited validity. The manufacturer (holder of the certificate) shall issue a technical certificate for vehicles to be registered and bearing the registration mark, vehicle registration card or vehicles not to be registered and bearing the registration number. These documents shall be completed by the manufacturer in accordance with the basic technical description. The details are set out in Annexes 1 and 2 to this Decree.
(3) The manufacturer shall submit to the Ministry for approval, before being introduced into production, any modification which he intends to make to the type already approved and which would be different from that in the vehicle type-approval application or in the basic technical description of the approved vehicle type. In the case of imports, the manufacturer shall submit for approval such modifications before the import of modified vehicles which are different from those already type-approved.
(4) The type-approval of a vehicle type applies to all mass-produced vehicles which comply fully with the type approved by their design and equipment and have been manufactured or imported during the period of validity of the basic technical description of the approved vehicle type. The approval of a vehicle type shall be checked at least every three years, the manufacturer being obliged to provide the vehicle for its performance.
(5) Where the international approval regulation does not impose an obligation and conditions for checking compliance with the conditions relating to the granting of the approval for the product, the competent authority which granted the approval shall carry out such checks at appropriate intervals. These checks, depending on the nature of the product, the volume of production and the stability of the production quality, shall, as a general rule, be carried out at intervals of 12 calendar months in succession, but not more than three years.
(6) If, after the approval of the technical competence of a mass-produced vehicle, the Ministry finds that it is not identical to the approved type, or if it finds design or production defects affecting road safety or environmental damage beyond the prescribed level by this decree, it may order the technical operating tests to be carried out, the manufacturer being obliged to provide the vehicle for its performance.
(7) In mass production of a vehicle in multiple stages, the manufacturer shall proceed in a similar manner to the approval of the technical competence of a mass-produced vehicle, whereby the manufacturer of a vehicle intended for gradual production in multiple stages shall issue a vehicle registration or a vehicle technical certificate with the relevant data and other manufacturers shall gradually supplement the vehicle registration or vehicle technical certificate with additional approved data according to the level of production of the vehicle.
(8) A vehicle whose technical competence is to be type-approved and manufactured or modified for the verification of design, operation or transport characteristics may be operated on roads with a special registration mark for a test purpose (4), assigned to the test laboratory or manufacturer only with the agreement of the Ministry.
(9) If the construction or intended use of the vehicle so requires, the Ministry shall lay down additional specific operating conditions.
(10) The tests provided for in Articles 12 (3) and (6) and 13 (1) (d), (5) and (6) of this Decree are carried out at the expense of the manufacturer.
§ 14
(1) For mass-produced other vehicles referred to in Section 11 of this Decree, compliance with the technical conditions laid down in this Decree is verified. On the basis of the ministries approved and issued a certificate of technical conformity of another vehicle, the manufacturer of a type of another vehicle shall issue a certificate of compliance with the specified technical conditions of that vehicle.
(2) When verifying and issuing certificates of compliance with the specified technical conditions of the type of other vehicles referred to in paragraph 1 of this paragraph, the Ministry shall act in a similar manner to the approval of the technical competence of the vehicle type.
§ 15
Technical conditions for the construction of an individual vehicle
(1) The construction of an individual vehicle means the production of a vehicle according to its own design, with the possibility of using vehicles' machinery, equipment and parts whose technical capacity to use on the road has been approved as a vehicle type. The construction of a vehicle shall also be regarded as a vehicle assembly of spare parts or replacement (where appropriate, modification) of two or more essential parts of the vehicle.
(2) The equipment, equipment and parts used in the construction of the vehicle must be approved in accordance with international regulations, where such approval is subject to such approval. In justified cases, the relevant approval report may be replaced by a technical protocol issued by the competent testing authority showing that the relevant apparatus, equipment or parts comply with the technical requirements of the relevant international regulations.
(3) The manufacturer of an individual vehicle shall submit in particular:
(a) a technical description of the vehicle to at least the extent of the information given in the technical certificate or certificate of the vehicle;
(b) a drawing of the overall vehicle assembly indicating the dimensions and masses concerned;
(c) data on expected operational, driving and dynamic characteristics;
(d) an overview of the uses of approved (approved) vehicles, equipment and parts used from other types of vehicles.
(4) The technical conditions laid down in Parts III to VIII of this Decree shall be complied with when constructing the vehicle. Compliance with the conditions laid down for external noise, emissions of pollutants, interference, brakes, exterior lighting and light-signalling, vision and range shall be demonstrated by the technical protocol of the service responsible. The performance of the passive safety conditions of the vehicle shall be demonstrated by an assessment of the relevant competent service. The scope of this documentation shall be determined when authorising construction according to a specific vehicle category and the use of approved (approved) trains, equipment and parts. The documentation submitted shall be marked by the administrative authority by means of an official stamp or by other appropriate means so that it cannot be replaced (replaced) by another during the conversion.
(5) The provisions of this paragraph shall not apply to legal and natural persons in whose activities the research, development and production of road vehicles, including their accessories and equipment subject to type-approval, is involved.
§ 16
Approval of the technical competence of an individual vehicle
(1) An individual vehicle is a vehicle individually manufactured (Paragraph 15) or individually imported (used or new) which does not conform to a vehicle type approved in the Czech Republic, by a natural or legal person for his own use and whose total number of identical types produced by the same manufacturer or imported by the same importer is not more than five pieces in a number of 12 calendar months; These individual vehicles shall be subject to individual approval of their technical competence. Proof of conformity of a vehicle with a type approved in the Czech Republic shall be issued by the vehicle manufacturer.
(2) The application for approval of the technical competence of an individual vehicle must be accompanied by:
(a) the technical data of the vehicle to at least the extent of the data entered on the vehicle's technical licence;
(b) the proof of the result of the technical inspection for the approval of the technical capacity of a vehicle manufactured or imported individually and the proof of the result of the emission measurement at the emission measurement station [does not replace the document referred to in paragraph 8 (c) of this paragraph], the period from the issue of such documents on the date on which the application for approval of the technical capacity of the vehicle in question is submitted shall not exceed three calendar months; the scope of the technical control and measurement of emissions for the approval of the technical competence of an individual vehicle manufactured or imported is set out in paragraphs 8 to 10 of this paragraph;
(c) vehicle maintenance and service instructions (for inspection);
(d) in the case of vehicle construction, the technical documentation prescribed at the time of its authorisation, a declaration by the manufacturer that it complies with the technical conditions laid down in this Regulation, if any, with evidence of the exceptions allowed.
(3) In order to assess the technical competence of an individual vehicle, only additional documentation or documents or the performance of the vehicle's operational tests may be required to the extent set out in this Regulation. Life and destruction tests shall not be required.
(4) The approval of the technical competence of an individual vehicle on the road shall be subject to:
(a) driving a car on the left (except a car intended for a specific purpose requiring a procedure on the right);
(b) the proper technical condition of the vehicle;
(c) compliance with the technical conditions laid down in Parts III to VI with any permitted concessions under Section 21 (2) of this Decree.
(5) A used vehicle is a vehicle which has already been operated or registered in another State for the purposes of the approval of the technical competence of the imported individual vehicles and has passed at least six calendar months (183 calendar days) since the date of its first registration.
(6) Approval of the technical competence of an individual vehicle or certification of compliance with the technical conditions of an individual vehicle is confirmed by issuing a vehicle technical licence or a vehicle technical certificate. The certification of compliance with the technical conditions of other vehicles shall be carried out in accordance with this paragraph.
(7) The verification of compliance with the specified technical conditions shall not be subject to other vehicles [Paragraph 2 (f) of this Regulation] and other vehicles referred to in Section 11 (6) of this Regulation and self-propelled work machines which can only be operated by a walking person whose design speed does not exceed 6 km.h-1, and non-axle tractors which are not designed to be fitted to a trailer and which can only be operated by a walking person whose design speed does not exceed 6 km.h-1, which are individually manufactured or imported for their own use by a natural or legal person. However, when operating on the road, they must comply with the conditions laid down in this Decree.
(8) Scope of the technical inspection of a used vehicle
(a) the examination of the documentation submitted for the approval of technical competence;
(b) checking the vehicle to ensure that it complies with the requirements of Parts III to VIII of this Regulation by its design and equipment, where appropriate applying the concessions referred to in Section 21 of this Regulation;

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Regulation Information

CitationDecree of the Ministry of Transport No. 102 / 1995 Coll., on the approval of technical competence and technical conditions of road traffic
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation30.06.1995
Effective from01.07.1995
Effective until-
Status Valid
The regulation text is for informational purposes only.
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