Act No. 102 / 2013 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
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Law
Effective from 01.05.2013
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102
THE LAW
of 21 March 2013
amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Transport Act
Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 227 / 2004 Coll., Act No. 374 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 411 / 2004 Coll., Act No. 226 / 2006 Coll., Act No. 374 / 2007 Coll., Act No. 124 / 2008 Coll.
1. In footnote 13, the words "Regulation (EU) No 181 / 2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006 / 2004 are added. Directive 2002 / 15 / EC of 11 March 2002 on the organisation of the working time of persons carrying out mobile road transport activities. '
2. Paragraph 2 (9) to (11), including footnote 27, reads as follows:
"(9) The taxi service is a passenger transport service for hire or reward, which ensures the transport of persons, including their baggage, by vehicles intended for carriage by a maximum of 9 persons, including the driver, and which is not regular passenger transport, international shuttle transport or occasional passenger road transport.
(10) Occasionally passenger road transport is non-public passenger transport for hire or reward, which is not a regular passenger service or an international shuttle service and which, on the basis of a previous order, ensures the transport of persons, including their baggage, by vehicles intended for carriage.
(a) not more than 9 persons including the driver in the case of international transport; or
(b) more than 9 persons including the driver.
(11) The designated terminal is a terminal in accordance with the directly applicable regulation of the European Union governing the rights of passengers in bus and coach transport27), located in the territory of the statutory city, at which a stop is allowed for the exit or boarding of passengers on at least one international line. The Ministry of Transport shall publish the list of designated terminals in a way that allows remote access.
27) Article 3 (m) of Regulation (EU) No 181 / 2011 of the European Parliament and of the Council. '
3. in Article 3 (1), points (c) and (d), including footnotes 4b and 4c, are deleted;
Point (e) shall be renumbered as point (c).
4. In Article 3 (2), the words "vehicles intended for the carriage of persons, with the exception of passenger vehicles used for their own use, and domestic hauliers operating road transport by a vehicle or combination of the maximum authorised mass exceeding 3,5 tonnes when intended for the transport of animals or goods' are replaced by the words" large vehicles'.
5. in Article 9 (2) (b), "(a) or (b)" shall be replaced by "(b) or (d)";
6. Paragraph 9 (3) reads as follows:
"(3) For the purposes of this Act, the following shall not be regarded as reliable:
(a) who have been penalised twice or more in the last five years for an offence or other administrative offence committed in the performance of the work of a taxi driver:
1. damage to the passenger on the price of the fare or breach of price regulations;
2. the absence of a transport record; or
3. the absence of proof of payment of the fare to the passenger;
(b) to whom a penalty has been imposed in the last 3 years for an offence involving:
1. driving the vehicle immediately after ingestion of an alcoholic drink or after the use of another addictive substance or at such time after ingestion of an alcoholic drink or the use of another addictive substance after which it is still under their influence;
2. Driving a vehicle in a state that excludes the eligibility of an alcoholic beverage or other addictive substance; or
3. Refusal to undergo an examination as to whether it has been affected by alcohol or other substance during driving;
(c) who, in the last 12 months, have been penalised for misdemeanor or other administrative offence or penalty for not allowing control or state professional supervision in a taxi service in connection with the performance of the taxi driver's work;
(d) who has been convicted of a criminal offence of intent of murder, serious harm, assault, brawling, deprivation of liberty, robbery, hostage-taking, extortion, rape, sexual coercion, theft or fraud, unless he is seen as not being convicted; or
(e) to whom a penalty or penalty has been imposed for the prohibition of the work of a taxi driver for the duration of the sentence. ';
7. In Article 9, paragraphs 5 and 6 are added:
"(5) In order to assess the reliability, the Transport Authority shall request, under the law governing the Register of Penalties (5c), an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(6) The authority which has imposed a penalty for an administrative offence or an order-by-order penalty pursuant to paragraph 3 (a) or (c) or a penalty or a prohibition on the work of a taxi driver shall send a copy of the final decision to the transport office in whose territory the offender has a permanent, long-term, temporary or other authorised residence. "
8. After Paragraph 9a, the following Section 9b is inserted:
Specific obligations of road transport operator operated by large vehicles
(1) Where a road transport operator operated by large vehicles provides for a specific transport of persons, animals or goods by itself driving a large vehicle or, in connection with the management, carrying out loading and unloading of animals or goods, supervision at the time of the boarding and unloading of passengers or of the loading and unloading of animals or goods, maintenance and control of the large vehicle or carrying out administrative activities directly linked to a particular transport, the duration of these activities shall not exceed 48 hours per week. The duration of these activities may be extended to up to 60 hours per week, provided that, for 26 weeks in succession, that period does not exceed on average 48 hours per week. The week shall mean the period from 00.00 on Monday to 24.00 on Sunday.
(2) A road transport operator operating large vehicles shall, after 6 hours, suspend the activities referred to in paragraph 1 by a break of at least 30 minutes. If the duration of these activities exceeds 9 hours consecutive, the break shall take at least 45 minutes. The break may be divided into several parts of at least 15 minutes. The period of the break shall not be counted against the period of performance of the activities referred to in paragraph 1.
(3) Where the activities referred to in paragraph 1 are carried out between 00.00 and 04.00 hours, the period of performance of such activities shall not exceed 10 hours within 24 hours consecutive.
(4) A road transport operator operating large vehicles shall keep records of the duration of the activities referred to in paragraph 1 and the duration of the breaks and shall keep those records for at least 2 years from the end of the activities referred to in paragraph 1. The adjustment of driving time, breaks in driving and rest periods for drivers is not affected by this paragraph. The method of keeping the alert and its particulars shall be laid down in implementing legislation. ';
9. Paragraph 11 (4) is deleted.
10. In Article 13, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) the conditions under which the operation of the line may be partly ensured by another carrier if the line is operated under a public service contract for the carriage of passengers 6e), which includes this possibility, and the carrier shall submit this contract to the Transport Authority in the procedure for the grant of the licence.";
11. in Article 17 (3), the words "in the Trade Bulletin" are replaced by the words "in a way that allows remote access."
12. in Article 17 (4), the word "unplanned" shall be deleted;
13. in Paragraph 17 (6), the words "content, announcement and hanging" are replaced by "submission for approval and publication and content."
14. in Paragraph 18a (3), "CZK 1 000" is replaced by "CZK 1 500";
15. Article 21 to 21b, including the headings and footnotes No 6a, read:
Conditions for operating a taxi service
(1) The carrier may only operate a taxi service by a vehicle which:
(a) is entered in the register of taxis (hereinafter referred to as "taxis") vehicles; or
(b) provided by the person transported for the purposes of his transport ("passenger vehicle").
(2) When operating a taxi service, the carrier shall not use a taxi service vehicle which is not registered for it in the register of taxis vehicles. The carrier must ensure that another person does not operate the taxi service by means of a taxi service registered for him in the register of taxis.
(3) A carrier operating a taxi service by a taxi service vehicle must ensure that, when offering or providing transport, including activities related thereto,
(a) the work of the taxi driver was carried out by a person who:
1. is in a basic employment relationship with the carrier, unless that person is the carrier or the cooperating spouse or a registered partner; and
2. holds a taxi driver's licence;
(b) the taxi service vehicle has been equipped with an up-to-date statement from the register of taxi vehicles;
c) the taxi service vehicle has been visibly and legibly marked
1. a yellow roof lamp marked TAXI on its front and rear, and
2. in the name and surname, or, where appropriate, by a commercial firm or by the name of the carrier located on the vehicle, so that the passenger is able to familiarise himself with this information before negotiating the carriage with the taxi driver;
(d) the taxi service vehicle has been equipped with:
1. a measurement assembly of a taximeter complying with the requirements of a special legislative regulation (6a), comprising a taximeter, a distance meter, a memory unit and a printer (hereinafter referred to as the "taximeter"),
2. a book of taximeter; and
3. the transport records referred to in point (h) of the current day or the transport record of the last transport provided, if no transport has been carried out by the taxi service vehicle on the current day;
(e) data and values corresponding to reality have been set in the taximeter;
(f) the displayed data from the taximeter are legible and visible from the person transported;
(g) the driver of the taxi service has properly operated the taximeter and has ensured that the actual course of transport is recorded;
(h) the driver of the taxi service immediately after the end of the carriage has taken a transport record as an exit from the taximeter printer; and
(i) the driver of the taxi service has issued to the passenger proof of payment of the fare taken as an exit from the taximeter printer if the passenger requests it.
(4) The carrier shall ensure that, on the day on which the taxi service is provided by the vehicle under a previous written contract, the vehicle is equipped with all the contracts on the basis of which the carriage is carried out on the current day or copies thereof. The contract shall contain details of the persons carried, the date and route of transport and the price of the carriage or the method of its destination and shall not be concluded in a taxi vehicle or at any other place immediately prior to the start of the carriage. Paragraph 3 (c) and (f) shall not apply to the provision of carriage by a taxi service vehicle under a previous written contract; if the taxi service vehicle is not equipped with a taximeter in accordance with § 21a (2) (b), paragraph 3 (d), (e) and (g) to (i) below shall not apply.
(5) A carrier operating a taxi service by a taxi service vehicle must not simultaneously offer or provide transport by the same vehicle on the basis of a prior written contract pursuant to paragraph 4 and a transport without that contract.
(6) Furthermore, a carrier operating a taxi service by a taxi service vehicle is obliged to:
(a) keep records of the operation of the taxi service vehicle and keep them together with the transport records referred to in paragraph 3 (h) and the contracts referred to in paragraph 4 for at least 1 year after the end of the shipment to which they relate; and
(b) ensure that, when a taxi service is provided with a vehicle under a prior written contract as referred to in paragraph 4, including activities related thereto, or the taxi service is used for purposes other than the operation of the taxi service, it is not marked by a lamp in accordance with paragraph 3 (b). (c) point (1), by means of TAXI or by other means interchangeable with that marking.
(7) A carrier operating a taxi service by a passenger's vehicle shall ensure that the driver's work is carried out by a person who:
(a) is in a basic employment relationship with the carrier, unless that person is the carrier or the cooperating spouse or registered partner; and
(b) is in possession of a taxi driver's authorisation.
(8) The implementing legislation sets out the way in which the cab vehicle is to be operated and the details of the transport record, the technical requirements for the taximeter storage unit, the particulars of the taximeter book, the particulars of the fare document and the method of proper operation of the taximeter.
Registration of taxi vehicles
(1) The transport authority shall enter the vehicle in the register of taxi vehicles at the request of the carrier if:
(a) it is a vehicle of category L or M114),
(b) the carrier is registered as owner or vehicle operator in the vehicle register under the law governing the conditions of use of vehicles on the road (14);
(c) the vehicle is not registered as a taxi service vehicle for another carrier; and
(d) the vehicle has not been excluded from the register of taxi vehicles in the last year because of the reason referred to in paragraph 5 (d).
(2) In the application referred to in paragraph 1, the carrier shall indicate:
(a) the registration number, factory name and trade mark of the vehicle; and
(b) the type and production number of the taximeter and the serial number of the taximeter storage unit to be used on the vehicle when operating the taxi service, indicating, where appropriate, that the taxi service vehicle will not be equipped with a taximeter and that the vehicle will provide transport exclusively on the basis of a prior written contract pursuant to Article 21 (4).
(3) When the vehicle is entered in the register of taxis, the transport office shall issue the applicant an extract from that register. The extract shall bear the name, surname and signature of the authorised official who prepared the extract and an official stamp with a small national emblem of the Czech Republic.
(4) The carrier shall notify the Transport Authority of the change of the information referred to in paragraph 2 (b) no later than 7 days after the date of the change.
(5) The transport authority shall exclude the vehicle from the register of taxis when:
(a) the vehicle does not meet the conditions laid down in paragraph 1 (a) to (c);
(b) the carrier shall no longer be authorised to operate road transport by small passenger vehicles;
(c) the carrier so requests; or
(d) the hauliers have been finally sanctioned for the administrative offence referred to in Article 35 (2) (l) committed in respect of that vehicle.
Command of the municipality
(1) The municipality is entitled by a generally binding decree to provide the driver with a taxi service as a condition for commencing or offering transport to the municipality, an obligation to demonstrate by examination the knowledge of the victualling, the operator of the taximeter or the legislation governing the operation of the taxi service and the protection of the consumer, and to carry with him a certificate of test composition when operating the taxi service in the municipality, and to determine the method of carrying out the test, the period of validity and the model of the certificate of testing. The certificate of examination shall be a public instrument.
(2) The municipality is authorised to establish the conditions of use of the site and the operating rules governing the operating rules at the site in accordance with the local conditions by a generally binding decree for the cab stations established by the municipality.
6a) Act No. 505 / 1990 Coll., on Metrology, as amended. Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
(16) footnotes 6b to 6d are deleted.
17. The following Sections 21c to 21e, including the headings and footnotes No 28, are inserted after Article 21b:
Driver's authorisation for taxi services
(1) Only a person holding a taxi driver's licence shall be entitled to perform the taxi driver's work. A taxi driver's authorisation shall be granted, upon request, by the transport authority responsible for the applicant's permanent, long-term, transitional or other authorised stay, provided that the applicant is 21 years of age and reliable in accordance with Article 9 (3). The application shall be accompanied by a photograph complying with the requirements of the Civil Identity Act.
(2) A taxi driver's authorisation shall be granted for a period of 5 years. If the transport office accepts the application, it shall issue a taxi driver's licence instead of a written copy of the decision. The driver's card is a public document. The model of the driver's licence shall be laid down in the implementing legislation.
(3) The Transport Authority shall withdraw the driver's cab authorisation if the taxi driver ceases to be reliable in accordance with Section 9 (3). The decision to withdraw a taxi driver's licence is the first act in the proceedings.
(4) The loss, destruction, theft or damage to the driver's cab pass is the responsibility of the holder to notify the transport office without delay; in the event of damage to the driver's cab pass, the damaged card must be surrendered together with this notification. Upon request, the Transport Authority shall issue a new driver card to the taxi service as a replacement for lost, destroyed, stolen or damaged; This shall not apply if it decides to withdraw the taxi driver's authorisation referred to in paragraph 3. The application shall be accompanied by a photograph complying with the requirements of the Civil Identity Act.
(5) Driver's card for taxi services expires
(a) the end of the period for which the driver of the taxi service has been authorised to drive the taxi service;
(b) the date on which the decision to withdraw the driver's authorisation for the taxi service became final;
(c) the date on which the driver of the taxi service reported his loss, destruction, theft or damage to the transport office.
(6) The driver of the taxi service shall submit the driver's licence to the transport office within 7 days of the expiry date referred to in paragraph 5 (a) or (b).
(7) A person in charge of state professional supervision, a member of the Police of the Czech Republic or an officer of the municipal police, shall be entitled to hold a taxi driver's licence if he has reasonable doubts as to whether the taxi driver is reliable in accordance with § 9 (3) or if the licence is invalid. A person responsible for the performance of state professional supervision, a member of the police of the Czech Republic or a police officer of the municipal police, shall issue a certificate in 3 copies of which 1 of which he shall hand over to the driver of the taxi service and 1 of which he shall deliver without undue delay to the competent transport office together with the retained card. If, within 10 working days of the date of receipt of the certificate, the transport office does not issue a decision to withdraw a taxi driver's authorisation, it shall return the document to the taxi driver; This does not apply if an invalid taxi driver's licence has been detained.
Special obligations of taxi driver
(1) The driver is obliged to use the taxi service to perform the work of the driver
(a) a taxi vehicle registered in the register of taxi vehicles for which it is itself a carrier or for a carrier to which it has a relationship pursuant to Article 21 (3) (a) (1); or
(b) a passenger's vehicle.
(2) In the case of carriage by a passenger's vehicle, the driver of the taxi service is obliged to carry a taxi driver's licence.
(3) When offering and providing transport, including activities related to this, by a taxi service vehicle, the driver of the taxi service shall be required to have a taxi driver's licence in the vehicle so that it is visible and legible from the passenger's place.
(4) When performing the work of a taxi driver, the driver of a taxi driver is obliged to:
(a) properly operate the taximeter and ensure that the actual course of transport is recorded;
(b) immediately after the end of the transport, obtain as an exit from the taximeter printer a record of the shipment containing the required particulars; and
(c) issue to the traveller proof of payment of the fare taken as an exit from the taximeter printer containing the required particulars if the traveller requests the document.
(5) A driver of a taxi service vehicle shall not use a taxi service vehicle to offer or provide transport pursuant to Paragraph 21 (4), including activities related thereto, or for any purpose other than the operation of a taxi service, if the vehicle is marked by a lamp in accordance with Section 21 (3) (c) (1), by means of TAXI or by any other means interchangeable with that marking.
(6) A driver of a taxi service vehicle shall not use a taxi service vehicle, which is not equipped with a taximeter in accordance with § 21a (2) (b), for a purpose other than to provide transport pursuant to § 21 (4).
Occasionally passenger road transport
(1) The carrier operating occasional passenger road transport shall record the order in advance in the order register and ensure that a copy of the order record is placed in the vehicle carrying out the transport and that the driver submits it to the inspection authority upon request. The details of the order record shall be laid down in the implementing legislation.
(2) Furthermore, a carrier operating an international occasional road passenger transport must ensure that a completed journey note is placed in the vehicle carrying out the carriage in accordance with the directly applicable European Union28) or the declared international agreement to which the Czech Republic is bound. The journey form shall be issued by the carrier operating occasional passenger road transport at his request by the Ministry of Transport or by a person authorised by the Ministry of Transport.
28) Article 2 (4) and Article 12 of Regulation (EC) No 1073 / 2009 of the European Parliament and of the Council. '
18. In the fourth sentence of Article 34 (3), the words ", beneficiaries, terminal operators' and" the law 'shall be inserted after the words "and the directly applicable European Union rules governing the rights of passengers in bus and coach transport29'.
Footnote 29 reads:
"(29) Regulation (EU) No 181 / 2011 of the European Parliament and of the Council. ';
19. In Paragraph 34b (1), at the end of the text of the first sentence, the words "and of taxi drivers and taxi vehicle registers" shall be added.
20. in Article 34b (4), the last sentence shall be deleted;
21. in Article 34b, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) In the Register of Road Transport Entrepreneurs, taxi drivers shall include:
(a) the name (s), surname (s), maiden name (s), birth number, date and place of birth, address of permanent, long-term, transitional or other authorised residence and nationality;
(b) identification details of the driver's cab authorisation and licence;
(c) data on the duration and loss of reliability of the taxi driver; and
(d) the identification details of the decision imposing a penalty on the driver of a taxi service for an offence or other administrative offence or an order order order which led the taxi driver to cease to be considered reliable in accordance with Article 9 (3), and the type and amount of the penalty and the legal qualification of the offence or other administrative offence.
(6) In the Register of Road Transport Entrepreneurs, taxis are listed
(a) details of the carrier for which the taxi service vehicle is registered to the extent referred to in paragraph 2 (a) and (b);
(b) registration number, factory mark, trade mark and vehicle category;
(c) the type and serial number of the taximeter and the serial number of the taximeter storage unit, indicating, where appropriate, that the vehicle is not equipped with a taximeter; and
(d) the date on which the vehicle has been entered in or withdrawn from the register of taxi vehicles and the reason for the withdrawal. "
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
22. in Article 34c (2), the words "surname" shall be added at the end of the text of point (a).
23. in Article 34c (7) (f) and (g):
"(f) the period and extent of suspension or interruption of the business;
(g) the date and extent of the change or the date of expiry of the trade licence; and ';
24. In Paragraph 34c, paragraph 8 is added:
"(8) The Ministry of Transport provides transport authorities for the exercise of its competence under this Act
(a) from the central register of road vehicles
1. vehicle registration number,
2. the factory mark and the trade mark of the vehicle,
Category 3 of the vehicle,
4. the largest authorised vehicle mass,
5. the number of places to transport passengers;
6. Date of first registration of the vehicle,
7. the colour of the vehicle,
8. Owner of the vehicle; and
9. The vehicle operator; and
(b) from the central register of drivers, data on the offences of the driver as defined in Article 9 (3) (b). ';
25. in Article 34d, at the end of paragraph 5, the dot is replaced by "a" and the following point (d) is added:
"(d) taxi drivers who have a permanent, long-term, temporary or other authorised stay in its territory."
26. The following Sections 34e and 34f are inserted after Section 34d, including the title:
Transfers
(1) A natural person commits an offence by carrying out the work of a taxi driver without the authorisation of a taxi driver in breach of Paragraph 21c (1).
(2) A taxi driver commits an offence by:
(a) conclude a contract contrary to Article 21 (4);
(b) in contravention of Paragraph 21c (6), it shall not hand over a taxi driver's licence to a transport office within 7 days of its expiry;
(c) carry out the work of the driver of a taxi service by a vehicle which does not meet the requirements of Article 21d (1);
(d) in contravention of Paragraph 21d (2), when providing transport by a passenger's vehicle, the driver's licence does not have a taxi service;
(e) when offering or providing transport, including activities related thereto, a taxi service vehicle shall not have a taxi driver's licence placed on the vehicle in the manner provided for in Article 21d (3);
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Regulation Information
| Citation | Act No. 102 / 2013 Coll., amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2013 |
|---|---|
| Effective from | 01.05.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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