Decree of the Ministry of Transport and Communications No. 104 / 1997 Coll.

Q: Is Decree of the Ministry of Transport and Communications No. 104 / 1997 Coll. still valid?

Yes, Decree of the Ministry of Transport and Communications No. 104 / 1997 Coll. is still valid and effective.

104

DECLARATION

Ministry of Transport and Communications

of 23 April 1997

implementing the Road Law

The Ministry of Transport and Communications shall determine, pursuant to § 46 (1), with regard to the provisions of § 6 (4), § 8 (3), § 9 (3), § 10 (6), § 16 (3), § 20 (2), § 22 (2), § 24 (9), § 25 (7), § 27 (7), § 36 (8), § 37 (1) and § 41 (4) of Act No. 13 / 1997 Coll., on roads (hereinafter referred to as "the Act '), and pursuant to § 194 (c) of Act No. 183 / 2006 Coll., on zoning and Construction Regulations (Construction Act):

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

This decree implements the relevant provisions of the European Union20)

(a) road marking;

(b) the care and registration of the owner of the communication,

(c) the technical conditions for the connection of communications and neighbouring real estate to communications;

(d) construction works for roads;

(e) general technical requirements for communication;

(f) closures and detour and specific use of communications;

(g) the scope, method and time limits for the elimination of the rolling stock defects;

(h) communication with water courses, runways, engineering networks and other lines;

(i) vehicle control weighing; and

(j) the information form.

§ 1a

Preliminary provisions

(1) For the purposes of this decree:

(a) the construction of a motorway, road or local communication (hereinafter referred to as "communication"), the permanent or temporary establishment of a new communication or its changes (building adaptations) associated with the conversion of the body; The conversion of the ground body means the extension of the crown of communication, the change of the nivelette or the relocation of the axis of communication in such a way that the original external floor plan or height limits cannot be maintained;

(b) by repairing the communication of the change of the completed construction in which the external boundary of the construction is maintained and its parameters are improved and operational safety is enhanced;

(c) by maintaining communication, a set of works which maintain communication in an operational and technically satisfactory state under all weather conditions and remove defects and deficiencies by putting it into its original state;

(d) a road for motor vehicles of the road or local road, marked by the road sign "Road for motor vehicles" in accordance with specific legislation;

(e) a road with unlimited access to each road off the road for motor vehicles;

(f) non-variable parameters of the characteristics determining the transport technical state of the communication which does not change without a structural intervention (direction and height lines, width arrangement, road structure, crossing and objects),

(g) variable parameters of the characteristics determining the state of the communication, which vary over time by the effects of weather, traffic load and ageing of the material (roughness, longitudinal and transverse inequality, housing failure, load capacity, or residual life);

(h) road management systems providing up-to-date information on the state of motorways and roads to the relevant road administrations and administrations of such roads, designed to optimise construction activities on the basis of the data obtained and knowledge of available technologies, with a view to achieving the best use of the resources entered and, where appropriate, other priorities selected;

(i) vulnerable road users by pedestrians, drivers of non-motor vehicles and drivers of single-track motor vehicles.

(2) The crossing is not a level connection

(a) field or forest paths;

(b) dedicated communications which are not publicly accessible;

(c) passenger regular transport stops, fuel stations, motels, motorways, parking lots, rest stops and the like;

(d) neighbouring properties

on the road or on local communication.

(3) The separate elimination section (wedge) used for the exit of vehicles from the road or local communication to neighbouring property is not an additional lane and part of the communication concerned.

§ 2

Labelling of motorways, roads and local roads

(Articles 6 (4) and 9 (4) of the Act)

(1) The first-class motorways and roads are marked with numbers from 0 to 99; if they are on the motorway, the letter "D" shall be entered in the register before the digit. Class II roads shall be numbered from 100 to 999. The III-class roads shall be marked only by four to five-digit numbers according to the nearest motorway, road I or II-class, possibly followed by a small letter. The shoulders of one-way roads are marked with a capital letter index.

(2) The roads specified in the special Regulation (1) for international traffic are also marked with the letter "E" and the number.

(3) The models of the markings referred to in paragraphs 1 and 2 are laid down in a separate Regulation (2).

(4) For recording purposes, local communications shall be marked by Arabic numerals starting with number 1, essentially separate for each class of local communications. The alphabetic character shall be used to indicate the class:

(a) for local communication of Class I (a), e.g. 1a, 2a;

(b) for local communication class II (b), e.g. 1b, 4b,

(c) for local III-class communications (c), e.g. 1c, 8c,

(d) for local communication IV class letter d, e.g. 1d, 12d.

(5) Bridge and other objects (underpasses, tunnels) on roads are marked with serial numbers starting with number 1 from the beginning of the communication station. In the case of motorways and roads, the object number consists of the number of the communication concerned and a dash of the separate serial number of the object supplemented by three indices, where appropriate. The object number on the local communication consists of a local communication marking (number and class), a dash of a separate object character (e.g. M = bridge) and its serial number. Details of bridge numbering on roads include binding ČSN 73 6220.

§ 3

(to Article 6 (4) of the Law)

(1) Local First Class roads are the most important transport communication in cities.

(2) Local roads of Class II are collection roads that connect parts of cities to each other or connect cities or parts thereof to higher-class or category infrastructure.

(3) Local communications in cities and municipalities are provided by the III-class local roads, allowing for direct traffic operation of individual objects, provided they are accessible to the normal operation of motor vehicles.

(4) Local roads of class IV are separate pavements, paths for walking, cycling paths, roads in chat areas, underpasses, footsteps, steps, pavements, calmed communications, residential and pedestrian zones etc.

§ 4

Transit section of highway and road

(to § 8 (3) of the Act)

(1) In determining the border of the transit section, the relevant construction authority (3) is based on the actual state of continuous construction along the road; construction gaps up to 200 m generally do not interrupt continuous installation.

(2) The location of the road signs (2) indicating the municipality or the end of the village may not be identical to the border of the motorway or road transit section.

ČÁST DRUHÁ

_

(Articles 9 (6), 18m (5) and 18n (6) of the Act)

§ 5

Communication records

(1) The basic register of communications is the passport maintained by their administrators.

(2) The scope and manner of the management of motorways and roads is determined by the owner (Section 9 (2) of the Act).

(3) The smallest range of local road records shall include the length of local roads in km from Class I to Class III, the number and total length of bridges in km and the amount of funds spent on their construction and maintenance.

§ 6

Communication tours

(1) The inspection shall be carried out by the owner or administrator of the communication concerned and shall be recorded on the outcome. The tours are divided into routine, major, extraordinary, detailed and security inspections.

(2) The routine inspection shall in particular identify the correct operation of the road signs, safety equipment and rolling stock defects within the following time limits:

dálnice

každý pracovní den,

silnice I. třídy

2x týdně,

silnice II. třídy	2x měsíčně,
silnice III. třídy	1x měsíčně.

§ 7

Main and special inspection of communication

(1) Unless otherwise specified, the main inspection shall be carried out by the owner or administrator of the communication concerned, where appropriate in cooperation with the natural or legal person responsible for data acquisition for road management systems. The aim of the tour is to identify the technical state of communication, including its components and accessories.

(2) The main inspection shall be carried out at least once every 5 years, otherwise:

(a) when the new or reconstructed communication section is put into service and before the end of the warranty period;

(b) for the inventory of communications.

(3) The scope and manner of the main inspections and the method of recording them are set out in Annex 2.

(4) Special inspection shall be carried out by the owner or administrator outside the terms of the ordinary and main inspections, in particular:

(a) in the event of sudden road damage (e.g. traffic accident, natural disaster),

(b) a significant change in the traffic load (e.g. as a result of a detour regulation);

(c) if necessary to obtain input data for road management systems.

(5) The data obtained by the main or exceptional inspection may be effectively supplemented by diagnostic measurement of the variables of the parameters and used in the recording and in the road management systems.

§ 7a

Security inspections

(1) Security inspection17) means the assessment of the impact of road safety communication on road safety and the evaluation of risks arising from road users' communication characteristics. The safety inspection shall be carried out by the owner or infrastructure manager subject to the infrastructure safety assessment. The safety inspection shall be carried out by the infrastructure safety auditor together with at least one other natural person. If a security inspection of the infrastructure section with a tunnel longer than 500 m is the subject of a security inspection, the authorised person shall also take part in the security inspection of the infrastructure section.

(2) Security inspections are carried out at least every 5 years.

(3) The minimum scope of the security inspection is set out in Annex 11.

§ 7b

In-service safety assessment

(Paragraph 18m (5) of the Act)

(1) Ground communication shall be assessed according to the criteria set out in Annex 12 to this Decree, with particular emphasis on the safety of movement of vulnerable road users. Ground communication shall be assessed in the division into sections defined by intersections with other roads; the intersection always belongs to only one of the consecutive sections.

(2) The assessed section of the motorway is assessed as the section with

(a) a high level of safety if the relative accident rate does not exceed 0,19 and can be assessed in accordance with the cumulative assessment according to the other criteria;

(b) a medium level of safety if the relative accident rate exceeds 0,19 and does not exceed 0,79 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or

(c) a low level of safety if the relative accident rate exceeds 0,79 or can be assessed on the basis of a cumulative assessment according to the other criteria.

(3) The assessed section of the first class of road with directionally separated traffic belts shall be considered as a section with:

(a) a high level of safety if the relative accident rate does not exceed 0,34 and can be assessed in accordance with the cumulative assessment according to the other criteria;

(b) a medium level of safety if the relative accident rate exceeds 0,34 and does not exceed 1,83 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or

(c) a low level of safety if the relative accident rate exceeds 1,83 or can be assessed on the basis of a cumulative assessment according to the other criteria.

(4) The assessed section of the first class of road without directionally separated belts is assessed as a section with

(a) a high level of safety if the relative accident rate does not exceed 0,32 and can be assessed in accordance with the cumulative assessment according to the other criteria;

(b) a medium level of safety if the relative accident rate exceeds 0,32 and does not exceed 1,27 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or

(c) a low level of safety if the relative accident rate exceeds 1,27 or can be assessed on the basis of a cumulative assessment according to the other criteria.

(5) The assessed section of the 2nd class road is assessed as a section with

(a) a high level of safety, provided that the relative accident rate does not exceed 0,44 and can be assessed on the basis of a cumulative assessment according to the other criteria;

(b) a medium level of safety if the relative accident rate exceeds 0,44 and does not exceed 1,75 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or

(c) a low level of safety if the relative accident rate exceeds 1,75 or can be assessed on the basis of a cumulative assessment according to other criteria.

(6) The assessed section of the 3rd class road shall be classified as a section with:

(a) a high level of safety if the relative accident rate does not exceed 0,21 and can be assessed on the basis of a cumulative assessment according to the other criteria;

(b) a medium level of safety, where the relative accident rate exceeds 0,21 and does not exceed 1,21 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or

(c) a low level of safety if the relative accident rate exceeds 1,21 or can be assessed on the basis of a cumulative assessment according to other criteria.

§ 7c

Subject of detailed examination

(Paragraph 18n (6) of the Law)

The subject of the detailed examination is the assessment of the infrastructure sections according to the criteria set out in Annex 13 to this Decree.

§ 8

Tour of bridge objects

(1) Bridge tours are divided into common, main, control and extraordinary.

(2) Surveys of bridge objects are provided by their owner or administrator. The obligation to carry out inspections shall continue at the time of the temporary exclusion of the bridge or before it is put into service.

(3) The scope and manner of conducting inspections of bridge objects, their intervals, record-keeping and other details are given in the recommended ČSN 73 6221.

(4) When determining the emergency state of the bridge, the measures necessary to ensure safety of operation, in particular the closure of the bridge and the marking of the detour, the temporary repair of the damaged site, etc.

§ 9

Communication maintenance and repair

(1) The purpose of maintenance and repair is to eliminate the defects in the running-in, wear or damage to communication, its components and accessories. The scope and manner of implementation depends on the evaluation of the results of the inspections or on the recommendations of the road management system.

(2) Maintenance also includes measures which, immediately after the fault has been detected, provide for traffic guidance on defective sections of communications. In particular:

(a) the closure of the defective (including the loaded) section;

(b) identification of the detour and the location of the relevant signs and devices;

(c) immediate provisional provision of operational safety (e.g. optical replacement of detention devices, emergency support or overlay of sinks and slides, removal of fixed obstacles).

Measures taken under points (a) and (b) shall be notified without delay by the AIFM to the competent road administration.

(3) Depending on the scope and nature of the work, the activities referred to in the preceding paragraphs shall be divided into normal and continuous maintenance and repair.

(4) Ordinary maintenance includes in particular small locally defined work, including the treatment of road vegetation.

(5) The related maintenance includes in particular more extensive work to preserve and restore the original road road characteristics by restoring or improving its parameters.

(6) The construction works remove defects, wear or damage to communication, its components and accessories as part of the repair, or improve the quality of the construction and improve the safety of operation. The repair will restore or improve all road parameters and possibly also improve some of the other parts and accessories of the communication.

(7) The scope and manner of maintenance and repair of communications is set out in Annex 5.

§ 10

Bridge maintenance and repair services

(1) The maintenance and repair of bridges are carried out in the technical care of bridges on the basis of technical documentation, inspection results, diagnostic survey or repair documentation. The obligation to perform the maintenance and repair of the bridge shall begin on the date of the approval decision and shall continue before the bridge is put into service and at the time of its temporary suspension.

(2) Maintenance and repair of bridges (including loading and cutting slopes below) is provided by the bridge owner (manager). Maintenance and repair of communication, water flow, tank, other object or territory under the bridge (except slopes), or other equipment on or below the bridge, shall be provided by the relevant owner (manager) of the facility or territory, in agreement with the owner (manager) of the bridge.

(3) During the maintenance and repair of the bridge, there shall be no pollution of the space under the bridges, in particular watercourses and protected water-management territory.

(4) The maintenance of bridges is a summary of the work by which bridges and their equipment are maintained in proper technical, safe and downhill condition in all weather and normal transport conditions. This maintenance shall be carried out on an ongoing basis throughout the year.

(5) When repairing the bridge with construction works carried out according to the approved documentation, they remove the damage or defects detected.

(6) Further details on bridge maintenance and repairs are provided by the recommended ČSN 73 6221.

§ 10a

Terms of the contract for the management and maintenance of the first class motorway or road

(1) The following elements are always included in the contract:

(a) the names of the Contracting Parties, including the names and surnames of the persons authorised to act for them;

(b) the precise definition of the sections of the first class motorway or road covered by the contract by their station;

(c) the extent, manner and time limits for the removal of defaults in the winter and other periods;

(d) the fixing of the price for the administration and maintenance of the first-class motorway or road, including the method of reimbursement and the deadline for its payment;

(e) the effective date of the contract;

(f) the period for which the contract is concluded;

(g) penalties for non-compliance;

(h) the manner in which the contract is amended and terminated;

(i) other conditions, the content of which shall be determined by mutual agreement of both Parties;

(j) signatures of persons authorised to act on behalf of the Contracting Parties.

(2) In addition, the contract must contain specific arrangements to ensure the administration and maintenance of the first-class motorway or road in crisis situations. 3a)

(3) The contract and any amendments thereto must be concluded in writing.

ČÁST TŘETÍ

TECHNICAL CONDITIONS FOR ALLOCATION OF COMMUNICATION AND NETWORKS

(to Article 10 (5) of the Law)

§ 11

Conditions for interconnections

(1) Road connections shall be established in such a way that their location and implementation meet road safety, ensure the necessary transport performance, the necessary visibility, the conditions for continuous guidance and transit of traffic currents and proper drainage. The smallest distances of newly built intersections on roads, location and arrangement of intersections include binding ČSN 73 6102 and detailed details are given in the recommended ČSN 73 6101 and ČSN 73 6110.

(2) The determination of the threshold between roads of higher and lower categories or classes in the area of crossroads and the introduction of special-purpose roads is set out in Annex 3, the main communication being regarded as infrastructure of greater importance for the higher category or class.

§ 12

Conditions for connecting neighbouring properties to roads and local roads

(1) Departures and raids on the road and local communications can only be established if they fulfil the following conditions:

(a) a view of the decision to reach communication;

(b) the vision of the user of the communication at least to stop the vehicle; the vehicle which stops at the left of the exit shall not prevent the passage to or from other vehicles in a straight line from the distance necessary to stop the next vehicle;

(c) the relative distances of the connection to be carried in terms of safety and continuity of operation.

Further information is provided in recommended ČSN 73 6101 and ČSN 73 6110.

(2) The width of the exit or exit shall allow vehicles to make a continuous turn from the road or from local communication and exit. Parameters of turbochargers are contained in the binding ČSN 73 6102. Where a discharge is part of a convention or raid, it shall have at least the following rated truffles:

(a) 400 mm for the length of the pass up to 6,00 m;

(b) 600 mm for the length of the pass from 6,00 to 10,00 m and for the length of the pass over 10,00 m at a inclination of the pass above 2%;

(c) 800 mm for the length of the pass exceeding 10,00 m at a inclination of 2%.

(3) The Congress and the raid are set up with a reinforcement which is suitable for the expected load of transport and with an easy to clean road cover. The construction arrangements shall be such as to avoid the flow of precipitation water on communication and pollution.

(4) If the establishment of a convention or a raid or a change or cancellation is triggered by the need of a natural or legal person who is the owner of the property or has other rights to it, then that person is a construction4). In the event that the need for change or cancellation of a convention or raid arises as a result of the execution of construction works or in order to improve the safety of traffic on communication, the builder of the convention or raid shall be the engineer of the communication concerned.

(5) If a part of the exit or raid on the land of the road is established, modified or cancelled, the owner of the connected property or the person with other rights to the property must obtain prior consent from the owner of the communication concerned.

(6) The owner of the convention or raid ensures proper maintenance of the entire connection including the pass.

§ 13

Conditions for connecting other real estate to communication

(1) The facilities referred to in Section 1a (2) (c) shall be connected to the roads under local conditions so as not to reduce the continuity and safety of transport, preferably on their transit sections. Such connections shall be established by means of diverter and connecting lanes; by decision of the Road Administration, the connection may be permitted only by the disabling section, without the classification section.

(2) The equipment referred to in Paragraph 1a (2) (c) shall be designed to the right on separate one-way lanes or belts, or on surfaces separated from the continuous free width by the lateral dividing band or division island, or by a horizontal road marking, as appropriate. On a two-track road or local communication with low traffic intensity, the Road Administration may allow a level-left turn if this does not jeopardise the safety and continuity of traffic.

(3) The technical parameters of the connecting and diverting lanes, the elimination and classification sections, the radius of curves and the extension of the lane in the arc and the visual conditions are contained in the mandatory ČSN 73 6102. Further details are provided in the recommended ČSN 73 6101 and ČSN 73 6110. The designation of the connection limit is set out in Annex 3.

ČÁST ČTVRTÁ

CONSTRUCTION ADJUSTMENTS TO COMMUNICATION

(Article 16 (3) of the Law)

§ 14

Construction works requiring notification

(1) The notification of a special construction office shall be subject to all work, unless specified in Section 15, to third parties' rights and to:

Citation	Decree of the Ministry of Transport and Communications No. 104 / 1997 Coll., implementing the Road Law
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	07.05.1997
Effective from	07.05.1997
Effective until	-
Status	Valid

Decree of the Ministry of Transport and Communications implementing the Road Law

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