Act No. 102 / 2000 Coll.
Act amending Act No. 13 / 1997 Coll., on Road
Valid
Law
Effective from 01.07.2000
Text versions:
01.07.2000
25.04.2000
102
THE LAW
of 4 April 2000
amending Act No. 13 / 1997 Coll., on road transport
Parliament has decided on this law of the Czech Republic:
Act No. 13 / 1997 Coll., on roads, is amended as follows:
1. Paragraph 11 (1) reads as follows:
"(1) Road land means land on which the body of the motorway, road and local communication and road auxiliary land is located. ';
2. In Paragraph 11 (3), the last sentence is: "In other cases, the motorway or road section shall be delimited by analogy with paragraph 2. '.
3. In Article 12 (1) (d), the words "vertical road signs," shall be inserted at the beginning of the text.
4. In Section 13 (a), the words "vertical road signs' are replaced by the words" portable vertical road signs'.
5. The title of Part Three is as follows:
"EXHIBITION OF ALTERNATIVE, STRENGTH, LOCAL COMMUNICATION AND PUBLIC ACCESSIVE ACCOUNT COMMUNICATION '.
6. In Paragraph 16 (1), the first sentence is: "For the construction of a motorway, road, local communication and public purpose communication, the special construction authority (4) is the competent road administration. '
7. § 20 reads:
(1) Motorways and express roads marked with a road mark (2) as a motorway or as a road for motor vehicles and their sections, as provided for in the implementing Regulation, may be used by a road vehicle with at least four wheels (hereinafter referred to as "motor vehicle") or a combination of vehicles (2) after payment of the motorway and express road user fee (hereinafter referred to as "the fee").
(2) The fee may be paid for a calendar year, a calendar month or 10 days, and for a motor vehicle or combination of vehicles with a total weight of more than 12 tonnes even per day.
(3) The upper limit of the fee per calendar year is for a motor vehicle or combination
(a) up to a total weight of 3.5 tonnes of CZK 1,200,
b) with a total weight of over 3.5 tonnes up to 12 tonnes of CZK 16000,
(c) with a total weight of over 12 tonnes of CZK 50,000.
(4) The amount of the fees is laid down in legislation. The amount of the fees per calendar month, 10 days and one day shall be determined in proportion to the amount of the fee per calendar year applicable to the motor vehicle or combination according to their total weight. ';
8. the following Section 20a is inserted after Section 20:
(1) The fee is paid before the use of the motorway or express road by a motor vehicle or combination. The payment of the fee shall be demonstrated by a valid two-part coupon, one part of which shall be affixed to the entire area in the motor vehicle or in the first vehicle of the combination at the place specified by the implementing regulation, and which:
(a) complies with the model laid down in the implementing Regulation;
(b) contains an indication of the registration mark which corresponds to the registration plate affixed to the motor vehicle or the first motor vehicle of the combination by which the motorway or express road is used;
(c) it shall contain an indication of the period of validity corresponding to the time at which the motor vehicle or combination of motorways or express roads is used;
(d) has a value corresponding to at least the amount of the charge applicable to the total mass of the motor vehicle or combination by which the motorway or express road is used.
(2) The coupon proving payment of the fee for the calendar year begins on 1 December of the year preceding the calendar year indicated on the coupon and ends on 31 January immediately following the calendar year.
(3) The coupon proving payment of the fee per calendar month shall begin on the last day of the month preceding the calendar month indicated on the coupon and end on the first day of the immediately following calendar month.
(4) The coupon valid for 10 days shall begin on the day indicated on the coupon and end on the expiry of 10 calendar days immediately thereafter.
(5) A coupon proving the payment of a fee per day is valid on the indicated day.
(6) On a coupon showing the payment of the fee per calendar month, 10 days or one day, the seller shall indicate the term of validity of the coupon on sale. The indication of the registration mark shall be marked on the coupon by the driver of the motor vehicle or combination at the latest before the use of the motorway or express road or its section in accordance with § 20 (1). '
9.
(1) The Ministry of Finance is responsible for issuing and selling coupons in cooperation with the Ministry of Transport and Communications. The Ministry of Finance may entrust a natural or legal person with activities related to the issue and sale of coupons. The price for brokering coupons is negotiated according to price regulations.
(2) The funds obtained from the payment of fees constitute the revenue of the State budget.
(3) The police of the Czech Republic check the payment of the fee as part of the supervision of road safety and continuity.
(4) A driver of a motor vehicle or combination of vehicles using a motorway or express road or a section thereof pursuant to § 20 (1) is obliged to submit, upon request, the second part of the coupon to be checked by a member of the Police of the Czech Republic in a service uniform.
(5) The models of coupons, the manner in which they are completed, the manner in which they are recorded and, in the case of coupons with a term of validity of less than a calendar year, the method of indicating their period of validity shall be laid down in the implementing act. "
10. Article 22, including footnotes 11 (a) and 11 (b):
(1) The payment of the fee is not subject to the use of a motorway, express road and its sections pursuant to § 20 (1) by a motor vehicle or combination of vehicles
(a) equipped with a special warning light pursuant to a special legislation, 10) in the case of a vehicle or a combination of vehicles
1. fire brigade and voluntary fire brigade,
2. the armed forces of the Czech Republic 11a) and the armed forces of another State; in the case of a column of motor vehicles and combination vehicles, such marking shall be sufficient for the first and the last motor vehicles in the column;
3. Prison services of the Czech Republic,
4. medical emergency services and transport of sick, injured and parents,
b) Ministry of the Interior used by the Czech Police and bearing the inscription "POLICE,"
(c) the Ministry of Defence used by the Military Police and bearing the inscription "MILITARY POLICE,"
(d) the customs authorities bear the words "CUSTOMS MANAGEMENT";
(e) used for the transport of severely disabled citizens, to whom, under special legislation 11b) the benefits of Grade II have been conferred, with the exception of those affected by complete or practical deafness, or stage III, where the holder of a motor vehicle is himself or close to the person affected; Under the same conditions, exemptions shall apply to motor vehicles used for the transport of dependent children treated for cancer or hemoblastosis, provided that parents or assimilated persons receive a contribution to the operation of a motor vehicle under a specific legislation, 11b)
(f) in the removal of the consequences of road accidents on motorways and express roads, in the removal of the consequences of natural disasters or in the rescue of life and maintenance of the health of persons;
(g) highway and road manager;
(h) where the international treaty, which the Czech Republic is bound by so provides.
(2) If it is necessary to use a section of the motorway or a speed road to guide the detour, for which a charge is paid, it may be used without charge.
11a) Act No. 110 / 1998 Coll., on the Security of the Czech Republic.
11b) Decree No. 182 / 1991 Coll., implementing the Social Security Act and the Social Security Authority Act, as amended. '
11. Article 23, including footnotes 12), 12a) and 12b) shall read as follows:
(1) For the purpose of organising transport within the territory of the municipality, the municipality may, in a generally binding municipal decree, define the areas of the municipality in which local communications or their designated sections can be used at a price agreed in accordance with the price regulations (12).
(a) standing by road motor vehicles in the municipality for a limited period of time but not more than 24 hours;
(b) to unload the goods vehicle or combination in the municipality for the period necessary to ensure customs clearance;
(c) a road motor vehicle operated by a legal or natural person for the purpose of business under a special legislation, 12a) which has its registered office or establishment in a designated area of the municipality, or a road motor vehicle of a natural person who has his permanent residence in a designated area of the municipality;
if the safety and continuity of road traffic and other public interest are not jeopardised by this use. In the generally binding order of the municipality, the municipality provides for the method of paying the agreed price and the method of proving its payment.
(2) Local communications or their designated sections referred to in paragraph 1 shall be marked with the appropriate transport sign in accordance with a specific regulatory regulation.2)
(3) In a generally binding decree, the municipality may define areas of the municipality in which local communications or their designated sections cannot be used for the purposes referred to in paragraph 1 (a) to (c).
(4) A general binding decree of the municipality referred to in paragraphs 1 and 3 shall be issued by the municipality in accordance with a specific legislation. 12b)
12) Act No. 526 / 1990 Coll., on Prices, as amended.
12a) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
12b) § 24 of Act No. 367 / 1990 Coll., on municipalities (municipal establishment). '
12. Paragraph 25 (2) reads as follows:
"(2) The Road Administration shall issue a decision authorising specific use to a legal or natural person on the basis of a written request for a specified period of time and shall lay down the conditions for specific use in the decision. Authorisations for specific use shall not relieve the user of the obligation to compensate for damage or pollution caused by motorways, roads or local communications. ';
13. In Paragraph 25, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Where a legal or natural person violates the conditions laid down in the decision granting the authorisation, the Road Administration shall decide to withdraw the authorisation. A legal or natural person who has been withdrawn from the authorisation for a specific use may be granted authorisation for a specific use on the basis of a re-application not earlier than three years after the date on which the decision to withdraw the authorisation for a specific use became final.
(4) The Road Administration Office may decide to amend the authorisation issued at the reasoned request of the holder of the authorisation for specific use. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 5 to 9.
14. in Paragraph 25 (6) (c), the introductory phrase is:
"use of motorways, roads or local roads and road auxiliary land for ';
15. in § 25 (6) (c) (1):
'1. the placing and operation of advertising vouchers, promotional and other equipment, lamps, colour surfaces and other similar equipment ("advertising equipment"); ';
16. In Paragraph 25, the following paragraph 7 is inserted after paragraph 6:
"(7) Special use of the placement and operation of advertising equipment may be authorised by the competent road administration for a maximum period of five years, provided that the advertising equipment cannot be confused with the signs or the transport equipment or cannot dazzle the users of the infrastructure concerned or otherwise interfere with road traffic. Ground communications at the location where the advertising equipment is located shall be equipped with conductors or otherwise secured against possible collision of vehicles with the construction of the advertising equipment. ';
Paragraphs 7 to 9 shall be renumbered paragraphs 8 to 10.
17. Paragraph 25 (8) reads as follows:
"(8) Goods placed, established or operated without authorisation in accordance with paragraph 1 or in contravention thereof, with the exception of advertising equipment, shall be disposed of by the owner immediately upon receipt of the call by the competent road administration. If they do not do so, they shall ensure that the case is disposed of and disposed of at the expense of the owner of the case. ';
18. In Paragraph 25, the following paragraph 9 is inserted after paragraph 8:
"(9) Where the competent road administration cannot identify the owner of a case located, established or operated without the authorisation referred to in paragraph 1, with the exception of advertising facilities, it shall publish the call for elimination in a normal place and, after a waste period of 10 days from the date of publication of the call, shall ensure that the case is removed and disposed of at the expense of the owner of the infrastructure concerned. If the owner of the motorway, road or local communication of the owner of the case is ascertained retrospectively, he may claim compensation for the costs of removal and disposal. ';
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
19. In Paragraph 25, the following paragraphs 10 and 11 are inserted after paragraph 9:
"(10) The Road Administration Office shall, within seven days of the date on which it became aware of the establishment or existence of an advertising facility situated on a motorway, road or local communication or on a road auxiliary parcel without authorisation for special use issued by the Road Administration responsible, invite the owner of the advertising facility to remove it. The owner of the advertising equipment shall remove the advertising equipment without delay, within five working days of the receipt of the call by the competent road administration. If not, the Road Administration is obliged to cover up the advertising within 15 working days and subsequently ensure the removal and disposal of the advertising equipment at the expense of the owner of the equipment. The removal of advertising and its liquidation will be carried out regardless of whether the advertising equipment has been authorised by the construction office. 5)
(11) If the road administration cannot identify the owner of the advertising equipment set up or operated without authorisation for specific use, it shall publish the call for the removal of the advertising equipment in a normal place and, after a waste period of 10 days from the date of publication of the call, shall be obliged to cover the advertising within 15 working days and subsequently ensure the removal and disposal of the advertising equipment at the expense of the owner of the infrastructure concerned, where the advertising equipment is unduly located. The removal of advertising and its liquidation will be carried out regardless of whether the advertising equipment has been authorised by the construction authorities.5) '.
Paragraphs 10 and 11 shall be renumbered paragraphs 12 and 13.
20. In Article 30, the following paragraphs 3 and 4 are added:
"(3) The implementing regulation shall define for the purposes of this Act what is the continuously built territory of the municipality when determining the road protection zone.
(4) The road protection zone border defined in Article 30 (2) (a) is moved from 100 metres to 250 metres in case of authorisation to establish and operate advertising banners, promotional and other equipment, light sources, colour surfaces and other similar devices which would be visible to the users of the infrastructure concerned. "
21.
(1) In the road protection zone, the establishment and operation of advertising equipment may be permitted, provided that advertising equipment cannot be confused with signs or transport equipment or cannot dazzle users of the infrastructure concerned or otherwise interfere with road traffic. Authorisations shall be issued by the competent road administration office after prior agreement
(a) the owner of the property in question on which the advertising equipment is to be set up and operated;
b) Ministry of the Interior, if it is a road protection zone for motorways and express roads,
(c) the competent authority of the Police of the Czech Republic, if it is a road protection zone with the exception of the express road and local communication.
(2) The Road Administration shall issue a decision authorising the establishment and operation of advertising equipment to a legal or natural person on a written request for a fixed period, for a maximum period of five years, setting out in the Decision the conditions for the establishment and operation of advertising equipment.
(3) The owner of the property in the road protection zone is entitled, in the general interest, to place on his property only the advertising equipment which has been authorised.
(4) Where a legal or natural person infringes the conditions laid down in the decision granting authorisation for the establishment and operation of advertising facilities, the Road Administration shall decide to withdraw the authorisation. A legal or natural person who has been withdrawn may be granted an authorisation following a reapplication not earlier than three years after the date on which the decision to withdraw the authorisation became final.
(5) The Road Administration Office may decide to amend the authorisation issued at the reasoned request of the authorisation holder.
(6) The road administration office shall, within 7 days of the date on which it became aware of the establishment or existence of an advertising facility located in the road protection zone without authorisation issued by the appropriate road administration, invite the owner of the advertising equipment to remove it. The owner of the advertising equipment shall be obliged to remove the advertising equipment without delay, within five working days of the receipt of the call by the appropriate road administration. If not, the Road Administration is obliged to cover up the advertising within 15 working days and subsequently ensure the removal and disposal of the advertising equipment at the expense of the owner of the equipment. The removal of advertising and its liquidation will be carried out regardless of whether the advertising equipment has been authorised by the construction office. 5) The conditions of this paragraph shall not apply to advertising equipment built and operated in an enlarged part of the territory pursuant to Paragraph 30 (4), provided that such equipment has been authorised by the competent building authority before the application of this Act.
(7) If the competent road administration cannot identify the owner of the advertising equipment set up or operated without the authorisation referred to in paragraph 1, it shall publish the call for the removal of the advertising equipment in the normal place and, after a period of 10 days from the date of publication of the call, shall be obliged to cover the advertising within 15 working days and shall subsequently ensure the removal and disposal of the advertising equipment at the expense of the owner of the property concerned on which the advertising equipment is located. The removal of advertising and its liquidation will be carried out regardless of whether the advertising equipment has been authorised by the construction office. 5)
(8) The owner of a property on which an advertising establishment is set up and operated without the authorisation referred to in paragraph 1 shall be obliged to allow, for the necessary period and to the extent necessary, access to his property in order to cover up advertising and to remove and dispose of such advertising equipment. If damage to real estate is thereby caused, he who caused the damage shall be obliged to replace it; This responsibility may not be waived. ';
22. In Paragraph 35, the following paragraph 1 is added:
"(1) The property owners in the vicinity of the motorway, roads and local roads shall be obliged to bear the necessary measures to prevent the landslides of land, the falling of stones, avalanches and trees, or parts thereof, if such danger arises by the construction or operation of the motorway, roads and local communications or natural influences; where such a risk arises from the conduct of those owners, they shall be obliged to take the necessary measures for their cargo. The scope and manner of implementation of the necessary measures and who will implement them shall be decided by the Road Administration. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
23. In Paragraph 35 (2), the second sentence is: "If a source of danger other than that referred to in paragraph 1 is found, the Road Administration shall order its operator or owner to remove the source of the threat."
24. the following Sections 38a to 38c are inserted after Section 38, including the title and footnote (16a):
"Vehicle weighing
(1) On motorways, roads and local roads, with the exception of border crossings, control weighing and measurement (hereinafter referred to as "control weighing") of road motor vehicles of categories N310) and their combinations with trailers of categories O3 and O410 (hereinafter referred to as "vehicle") are carried out.
(2) Control weighing is provided by the infrastructure manager in cooperation with the Czech Police.
(3) Control weighing includes weighing the total mass of the vehicle, measuring the axle pressures and measuring the vehicle's dimensions. 10)
(1) At the request of a member of the Police of the Czech Republic in a service uniform, the driver of the vehicle is obliged to submit the vehicle to control weighing. A detour to a control weighing device, including a journey back to the road, shall not exceed 8 kilometres.
(2) When checking weighing, the driver of the vehicle shall follow the instructions of the person operating the control weighing device.
(3) A document of the result of the checks shall be issued to the driver by the person operating the vehicle control weighing device.
(4) If the vehicle is checked for compliance with the vehicle values laid down in a specific legislation, 10) the vehicle driver may continue to drive. In this case it is not possible to charge the driver any weighing costs.
(5) If, in the course of the inspection weighing, an excess of the values laid down by a separate legislation is found, 10) the infringement shall be dealt with on the basis of a separate law (2) as a pretty17) and the driver of the vehicle shall be obliged to pay the weighing costs.
(6) The method of carrying out the control weighing, the method of determining the costs of the control weighing, the particulars of the proof of the result of the control weighing and the model document shall be laid down in the implementing act.
(1) If it is found at the time of the inspection weighing that the dimensions of the vehicle or its total mass exceed the value laid down by a specific legislation, 10) the driver may continue to drive only on the basis of a special use permit (§ 25) and provided that the vehicle is technically fit for use on the road. 16a)
(2) If it is found during the check weighing that the axle pressure exceeds the level laid down by a specific legislation, 10) the driver shall not continue driving.
16a) Act No. 38 / 1995 Coll., on technical conditions for the operation of road vehicles on the road, as amended by Act No. 355 / 1999 Coll. '
25. in Paragraph 40 (3) (c), the words "and publicly available special purpose communications" shall be inserted after the words "local communications."
26. in Paragraph 40 (4) (d), the words "and publicly available special purpose communications" shall be inserted after the words "local communications."
27. in Article 42 (1) (g), the following shall be added at the end of the text: "except for activities relating to advertising equipment,"
28. In Paragraph 42, the following paragraph 2 is inserted after paragraph 1:
"(2) The Road Administration Office shall impose a fine of up to CZK 300,000 to a legal or natural person who:
(a) use a motorway, road or local communication or road auxiliary plot for the location and operation of advertising equipment without the authorisation of special use or failure to comply with the permit conditions (§ 25);
(b) establish and operate advertising facilities in the road protection zone without authorisation or failure to comply with the conditions of authorisation (§ 31);
(c) it has on its property in the road protection zone an advertising facility without a valid permit (§ 31) and has not removed it within a specified time limit after having received the call from the road administration;
(d) intentionally removes or damages the cover of advertising.
Paragraph 2 shall become paragraph 3.
29. in Paragraph 42 (3), the words "except for advertising activities," shall be added at the end of point (b).
30.
Authorisation provisions
(1) The Government, by regulation, determines the amount of the fee provided for in Paragraph 20 (4).
(2) The Ministry of Transport and Communications will issue a decree for the implementation of § 6 (4), § 8 (3), § 9 (4), § 10 (5), § 16 (3), § 20 (1), § 20a (1), § 24 (9), § 25 (13), § 27 (7), § 30 (3), § 36 (8), § 37 (1), § 38b (6) and § 41 (4).
(3) The Ministry of Finance shall issue a decree implementing Paragraph 21 (5). "
31. in Article 47, the following point 8 is added:
"8. § 82 of Decree No 145 / 1956 Ú. l., on road traffic. '
Transitional provisions
1. The sticker proving payment of the 2000 fee shall be valid until 31 January 2001.
2. Paragraphs 20, 20a and 21 of Act No. 13 / 1997 Coll., on Road, as amended by this Act, shall apply for the first time on 1 January 2001.
Efficacy
This Law shall take effect on 1 July 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 102 / 2000 Coll., amending Act No. 13 / 1997 Coll., on Road |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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