Act No. 115 / 2020 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
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Law
Effective from 01.07.2020
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01.07.2020
24.03.2020
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115
THE LAW
of 4 March 2020
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. 140 / 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 / 2008 Coll., Act No. 226 / 2006 Coll., Act No. 374 / 2007 Coll.
1. In Paragraph 1 (2), the words "armed security 'are replaced by the words" security'.
2. In Paragraph 2, the following paragraph 10 is inserted after paragraph 9:
"(10) The intermediary of the taxi service shall be the person who, in return, provides for the conclusion of a transport contract between the carrier and the carrier of the carriage to which the taxi service is provided. '.
Paragraphs 10 to 20 shall be renumbered paragraphs 11 to 21.
3. Paragraph 2 (20) is deleted.
Paragraph 21 shall become paragraph 20.
4. In Article 3 (2) (b), the words "as referred to in point (a) 'are replaced by the words" the driving time, the safety breaks and rest periods provided for in this Act, the directly applicable European Union4e Regulation) or the international treaty which the Czech Republic is bound by and which has been published in the Collection of Laws or the Collection of International Treaties'.
5. In Section 3 (3) of the Introductory Part of the provision, the words "road transport by large vehicles' are inserted after the words" Domestic carrier '.
6. in Article 3 (3) (a), the words "lead him" shall be replaced by the words "ensure his leadership."
7. In Section 5, the word "Transport 'is replaced by the words" If it is a concession for the operation of road transport by large vehicles, transport'.
8. In Article 5, the second sentence is deleted.
9. In Article 8a (7), the words "in the Transport Bulletin 'are replaced by the words" in a way that allows remote access'.
10. Paragraph 9 (1) is deleted.
Paragraphs 2 to 7 shall be renumbered paragraphs 1 to 6.
11. in Article 9 (1) (b), "paragraph 3" is replaced by "paragraph 2."
12. in Article 9 (2) (a), the following point 1 is inserted:
"1. the use of a vehicle which is not marked with a cab vehicle registration sticker; ';
Points 1 to 5 shall be renumbered 2 to 6.
13. in Paragraph 9 (2) (a), the words "or the presentation of false information in the transport document" shall be added at the end of the text of point 4.
14. the words "or Ministry of Transport" shall be inserted after the words "Transport Authority."
15. in Article 9 (5), "paragraph 3" is replaced by "paragraph 2."
16. In Article 13, at the end of paragraph 3, the sentence "If the Authority concerned does not issue a binding opinion within that period, the opinion shall be deemed to have been delivered."
17. in Article 16c, at the end of paragraph 3, the sentence "If the Authority concerned does not issue a binding opinion within that period, the opinion shall be deemed to have been delivered."
18. in Article 16f (4), the sentence "If the Authority concerned does not issue a binding opinion within that period, the following sentence shall be inserted after the third sentence:"
19. In Paragraph 16f, at the end of paragraph 6, the sentence "There shall be no appeal against a decision which has been approved by the timetable or the exclusive timetable or whose amendment has been approved; This shall not apply in the case of a decision under paragraph 3. ';
20. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The national timetables information system shall contain data contained in the timetables of public regular passenger transport, public rail passenger transport and public passenger water transport and names of regular passenger transport stops. '
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
21. in Paragraph 17 (5), "Paragraph 2" is replaced by "Paragraph 3."
22. in Article 17a (1), the following point (c) is inserted after point (b):
"(c) Ministry of Transport,"
Points (c) and (d) shall be renumbered points (d) and (e).
23. in Article 17a (2), "15" is replaced by "10."
24. in Article 18a (1) of the introductory part of the provision, the word "carrier" shall be deleted;
25. in Article 18a (2) (c), the words "a" shall be replaced by the words "and the words" document "shall be replaced by the words" and, for persons who have not reached maturity, the personal data of the legal representative in the scope of the name, surname, date of birth and address of service. "
26. in Article 18c (2), "60" is replaced by "90."
27. in Article 21 (1) (a), the words "and marked by the registration sticker of the taxi service vehicle issued for that vehicle" shall be inserted after the words "the taxi service vehicle";
28. In Article 21, the following paragraph 3 is inserted after paragraph 2:
"(3) When operating a taxi service, the carrier is obliged to ensure that the taxi driver's work is carried out by a person who:
(a) is in a basic employment relationship with the carrier, unless the carrier or his spouse or registered partner is the same person; and
(b) is in possession of a taxi driver's authorisation. ';
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
29. in Article 21 (4), points (a) and (b) are deleted;
Points (c) to (i) shall be renumbered as points (a) to (g).
30. in Article 21 (4) (a) (2), the words "and the last name" shall be deleted and the words "names and surnames" shall be inserted after the words "where appropriate";
31. in Article 21 (4) (b) (1), the words', memory unit 'shall be deleted;
32. in Article 21 (4) (b) (3), "(h)" is replaced by "(f)";
33. in Article 21 (5) to (7):
"(5) Compliance with the obligations referred to in paragraph 4 shall not be required where the shipment is provided under a written contract concluded before the start of the shipment which:
(a) contains:
1. the identification details of the Contracting Parties which are the names, names and surnames, business name or name, address of residence or registered office and date of birth or the identification number of the carrier and the transport agent,
2. the unambiguous identification of the transport by the name and, where applicable, the names and surname or other destination of the persons transported and the date, time and route of transport,
3. the price for transport or the method of its destination; and
4. details of the taxi agent, which are his or her name and surname, business name or name, address of the registered office and identification number, if any, and an indication that he or she is an intermediary, if the contract is brokered by the taxi agent; and
(b) be made available to the driver of the taxi service to which the carriage was made or a copy of the cab is available to the driver during the transport and for the remainder of the day on which the transport was made available.
(6) Compliance with the obligations referred to in paragraph 4 shall also not be required if the shipment is made on the basis of an order made by electronic means other than a voice service; and
(a) the final price for such carriage has been communicated to the client before ordering the transport and, where the transport is facilitated by the taxi agent, his name and, where applicable, his name and surname, business name or name, address of the registered office and identification number, if any,
(b) prior to the start of the transport, information on:
1. to the carrier which provides the transport, which shall be its name and, where applicable, its names and surname, business name or name, address of the registered office and identification number,
2. the driver of the taxi service carrying out the transport, which shall be his or her name and surname, and
3. the taxi service vehicle to be provided, its registration number, factory name and trade mark;
(c) a certificate of carriage has been sent to the client of the shipment immediately after the end of the shipment to the e-mail address indicated by him; and
(d) the transport certificate shall be made available to the driver of the taxi service which provided the transport for the remainder of the day on which the shipment was made.
(7) The carrier operating a taxi service by a taxi service vehicle is also obliged to:
(a) keep records of shipments as referred to in paragraph 4 (f), of transport contracts as referred to in paragraph 5 and of transport certificates as referred to in paragraph 6 (d) for at least three years from the end of the shipment to which they relate; and
(b) ensure that the taxi service vehicle is not marked with a roof lamp as referred to in paragraph 4 (a) (1), a TAXI inscription or by any other means interchangeable with that marking;
1. when used for a purpose other than the operation of a taxi service; or
2. if it is not equipped with a taximeter. ';
34. Paragraph 21 (8) is deleted.
Paragraphs 9 and 10 shall be renumbered paragraphs 8 and 9.
35. in Paragraph 21 (9):
"(9) The implementing legislation shall specify the details of the transport record, the taximeter book, the transport document, the transport certificate and the method of proper operation of the taximeter. ';
36. in Article 21a (1) (b):
"(b) the carrier is the vehicle operator, as registered in the register of road vehicles 14), '.
37. in Article 21a (1) (d), "paragraph 5" is replaced by "paragraph 6."
38. in Article 21a (2) (b), the words "and the production number of the taximeter storage unit" shall be deleted and the words "under a previous written contract pursuant to Article 21 (4)" shall be replaced by the words "under Article 21 (5) or (6)."
(39) In Paragraph 21a, at the end of paragraph 4, the sentence "Upon notification, the transport authority shall enter a change in the data in the register of taxi vehicles and issue a new extract from that register to the carrier."
40. in Paragraph 21a, the following paragraph 5 is inserted after paragraph 4:
"(5) Upon registration of a vehicle in the register of taxi vehicles or at the request of the carrier, the transport authority shall issue a registration sticker of the taxi vehicle to the carrier for which the vehicle is registered. The carrier shall ensure that this sticker is not placed on a vehicle other than that for which it was issued. The location of the sticker on the taxi service vehicle for which it was issued shall not be regarded as a vehicle designation contrary to § 21 (7) (b) or § 21d (5). ';
Paragraph 5 shall become paragraph 6.
41.In Article 21a (6) (a), "to (c)" is replaced by "or (b)."
(42) In Article 21a (6) (b), the words "the carrier shall cease to be authorised" shall be replaced by the words "the carrier's authorisation has expired."
43. In Article 21a (6) (d), the text "Article 35 (2) (l)" is replaced by "Article 35 (2) (i) or (l)."
44. in Article 21a, paragraphs 7 and 8 are added:
"(7) In the event of the vehicle being excluded from the register of taxi vehicles, the carrier shall immediately ensure that the registration sticker of the taxi vehicle is removed.
(8) The particulars and model of the registration sticker of the taxi service vehicle and the manner in which it is placed on the vehicle are laid down in the implementing legislation. "
45. in Article 21b, paragraph 1 is deleted;
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
46. in Article 21b (2), the word "technical" shall be inserted after the word "special," the words "colour requirement of the vehicle bodywork or technical requirements. Only the minimum requirement or" shall be replaced by "requirements for 'and the word" technical' shall be inserted after the word "specific '.
47. in § 21c (1), the text "§ 9 (3)" is replaced by "§ 9 (2)."
48. In Paragraph 21c, the sentence "A stranger to whom an international protection33) shall be added at the end of paragraph 2, the documents referred to in the first and second sentences issued by the State of which he is a national shall not be attached. '.
Footnote 33 reads as follows:
"33) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended."
49. in Paragraph 21c (4):
"(4) The transport office shall withdraw the driver's cab authorisation if:
(a) the holder so requested; or
(b) the holder has ceased to be reliable in accordance with Paragraph 9 (2); the decision to withdraw the driver's authorisation for a taxi service is the first act in the proceedings. "
50. In the first sentence of Article 21c (5), the words "or a change in the data recorded in the driver's cab licence 'are inserted after the words" or damage to the driver's cab licence' and the part of the sentence after the semicolon, including the semicolon, is deleted.
51. in Article 21c (5), the second sentence is replaced by the following: "At the request of the driver of the taxi service, the transport office shall, instead of the driver's licence, issue a new driver's licence for the taxi service, if the applicant holds the driver's licence."
2. in Article 21c (6) (c), the words "theft or damage." shall be replaced by the words "or theft."
53.In Article 21c (6), the following point (d) is added:
"(d) on the date of issue of the new taxi driver licence, the driver has notified the transport office of the damage or change of the data recorded therein."
54. In Section 21c (7), at the end of the first sentence, the words "or at the latest on the issue of a new taxi driver licence in the event of expiry pursuant to paragraph 6 (d) 'shall be added.
55. in Article 21d (1) (a), the words "point 1" shall be replaced by the words "and marked by the registration sticker of the taxi service vehicle issued for that vehicle."
56. In Paragraph 21d (4) of the Introductory Part of the provision, the words "In the performance of the driver of the taxi service, the driver of the taxi service is equipped with a taximeter," shall be replaced by the words "If not for carriage under § 21 (5) or (6), the driver of the vehicle is in the performance of the driver of the taxi service."
57. in Article 21d (4), the following point (a) is inserted:
"(a) use a taxi service vehicle which is visibly and legibly marked
1. a yellow roof lamp marked TAXI on its front and rear, and
2. in the name and, where appropriate, the names and surnames, the trade firm or the name of the carrier on the vehicle, so that the passenger is able to become familiar with this information before dealing with the carriage with the taxi driver; ';
Points (a) to (c) shall be renumbered (b) to (d).
58. in Paragraph 21d (5):
"(5) The vehicle shall not be marked with a roof lamp in accordance with Section 21 (4) (a) (1), by TAXI or by any other means interchangeable with that marking,
(a) when used for purposes other than the operation of a taxi service; or
(b) if it is not equipped with a taximeter. ';
(59) Paragraph 21d (6) shall be deleted;
60. in Part II, Title 2, Part 6, including the title, is deleted;
61. The following Section 21e is inserted after Section 21d, which includes the title:
Duties of the taxi agent
(1) The taxi operator is obliged to ensure that the carriage by him is
(a) granted by a road transport operator holding a concession for the operation of road motor transport by passenger vehicles intended for the carriage of not more than 9 persons, including the driver;
(b) carried out by a taxi or passenger vehicle; and
(c) by a driver holding a taxi driver's authorisation.
(2) The taxi operator is obliged to keep records of brokered shipments. The records of intermediate shipments shall include, for each brokered shipment, the name and, where applicable, the surname, business name or name of the transport provider, the address of his registered office, his identification number and the time and place of start of the shipment. The data relating to the intermediate shipment shall be kept in the register for at least 3 years from the date of completion of the intermediate shipment. ';
62. In Part II, Title II, the following Part 6 is inserted after Part 5:
Occasionally passenger road transport
(1) The carrier operating occasional passenger road transport shall record the transport service in advance in the register of orders and ensure that a copy of the order record is placed in the vehicle carrying out the transport. The recording of the order in the register of orders shall be kept by the carrier for at least 1 year from the date of completion of the ordered shipment. 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. ';
63.In Article 23 (1) (j) and Article 23 (2) (n), "2 years" is replaced by "1 year."
64. in Article 23 (3) (b), the word 'vehicles' is replaced by 'vehicles';
65.In Paragraph 23 (3) (c), "a 'is replaced by" a';
66. in Article 23 (3), point (d) is deleted;
67.Paragraph 23 (4) reads as follows:
"(4) The driver of the vehicle is obliged to:
(a) carry out transport operations by a transport unit equipped with written instructions, a certificate of training the driver transporting dangerous goods and a certificate of approval of vehicles for the transport of certain dangerous goods and duly completed accompanying documents,
(b) carry out transport by transport unit marked with safety marks and markings relating to cargo;
(c) to take over for transport only a container bearing safety marks and markings relating to cargo;
(d) use a transport unit equipped with prescribed equipment for general and personal protection and other additional equipment;
(e) use a transport unit equipped with fire extinguishers;
(f) comply with the provisions concerning prohibition of common loading, handling, securing of cargo and vehicle surveillance; and
(g) comply with the provisions for limiting the passage of the tunnel. ';
68. In Paragraph 27, the first sentence is deleted.
69. In Article 27, the word "however" shall be deleted and the text "Paragraph 9 (2) (a)" shall be replaced by "Paragraph 9 (1) (a) and, in the case of foreign carriers established in another Member State of the European Union, copies of documents proving the existence of an employment relationship with the driver, including their translation into the Czech language."
70. in Article 33a (3) and (6), the text "Article 9 (4) (b)" is replaced by "Article 9 (3) (b)."
71. in Article 33c, the words "the number of holders of euro licences as at 31 December of the previous year and the number of copies of euro licences issued by them" shall be replaced by the words "the directly applicable European Union Regulation (34), to the extent that the Czech Republic is to communicate them to the European Commission."
Footnote 34 reads:
"34) Article 26 of Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC. Article 17 of Regulation (EC) No 1072 / 2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road freight market. Article 28 of Regulation (EC) No 1073 / 2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus transport and amending Regulation (EC) No 561 / 2006. ';
72. In Article 34 (3), the words "and customs offices' are deleted and the words", taxi operators' are inserted after the words "terminals'.
73. In Article 34 (4), the words "and taximeter 'are replaced by the words", taximeter and electronic equipment in which it has a contract pursuant to Article 21 (5) or a transport certificate pursuant to Article 21 (6)';
74. In Paragraph 34, the following paragraph 5 is inserted after paragraph 4:
"(5) The carrier is obliged to ensure that the driver provides municipal police and police of the Czech Republic with cooperation in the exercise of control."
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
75. in Article 34b (2) (f), "§ 9 (4) (b)" is replaced by "§ 9 (3) (b),"
76. In Article 34b (5) (d), "Article 9 (3)" is replaced by "Article 9 (2)."
77.In Article 34b (6) (c), the words "and the serial number of the taximeter memory unit" shall be deleted and the words "and" shall be replaced by a comma.
78.In Article 34b (6), the following point (d) is inserted after point (c):
"(d) the serial number of the registration sticker of the taxi service vehicle issued for the taxi service vehicle and the date of its issue; and ';
Point (d) shall be renumbered as point (e).
79.In Article 34b (7), the words "road transport operators operated by large vehicles" are replaced by the words "road transport operators operating by large vehicles for hire or reward."
80.In Article 34c (8) (b), "§ 9 (3) (b)" is replaced by "§ 9 (2) (b)."
81. At the end of paragraph 2, the sentence "The data referred to in Paragraph 34b (2) (h) on infringements and administrative penalties imposed on them by the Ministry of Transport to carriers established in a Member State other than the Czech Republic operating road transport by large vehicles for hire or reward pursuant to this Act shall be added to the register of road transport operators."
82. In Article 34d, the sentence "The Ministry of Transport shall also be added at the end of paragraph 3 in a manner that allows remote access for the duration of the driver's licence the number of that licence and for the registration of the taxi service vehicle its registration plate. '.
83. In Article 34d (5) (b), the words "road transport undertakings operated by large vehicles" shall be replaced by the words "hauliers operating by large vehicles for hire or reward."
84. in Article 34e (1) (a), the word "exercise" shall be replaced by the word "execute."
85. in § 34e (1) (b):
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Regulation Information
| Citation | Act No. 115 / 2020 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 | 24.03.2020 |
|---|---|
| Effective from | 01.07.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
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