Act No. 119 / 2012 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
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Effective from 01.06.2012
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119
THE LAW
of 14 March 2012
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 Paragraph 1 (1), the words "the Act shall be amended" shall be replaced by the words "the Act shall be amended following the directly applicable provisions of the European Union13."
Footnote 13 reads:
"(13) Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC. 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. 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 services and amending Regulation (EC) No 561 / 2006. '
2. In Paragraph 1 (2), the words "the police of the Czech Republic 'are replaced by the words" armed security forces'.
3. In Article 2, the following paragraph 4 is inserted after paragraph 3:
"(4) The carrier is a natural or legal person operating road transport. The local carrier is a carrier which operates road transport for hire or reward on the basis of concessions (1) or road transport for its own use to ensure its business activities carried out on the basis of a trade or other authorisation granted under a special legislation by an authority of the Czech Republic. Road transport operator is a domestic carrier operating road transport for foreign purposes. '
Paragraphs 4 to 20 shall become paragraphs 5 to 21.
4. In Paragraph 2, the sentence "National road transport shall also be considered as national road transport where the starting point and the destination point are situated in the territory of one Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation (hereinafter referred to as" the Member State "), but part of the journey takes place in the territory of another Member State, unless a stop is located in the territory of another Member State for the entry or exit of passengers or the loading or unloading of animals or goods. ';
5. In Article 2, at the end of the text of paragraph 6, the words "where national road transport is not concerned 'are added.
6. In Article 2 (11), the words "regular passenger services as referred to in paragraph 6, international shuttle services as referred to in paragraph 7 and taxi services as referred to in paragraph 8 'are replaced by the words" regular passenger services as referred to in paragraph 6, international shuttle services as referred to in paragraph 8 and taxi services as referred to in paragraph 9'.
7. Paragraph 2 (12) to (15) reads as follows:
"(12) Replacement bus transport is a scheduled passenger service operated instead of temporarily interrupted rail transport on a national, regional, tram, trolleybus or special rail 1a).
(13) The line is a summary of transport connections on the road route determined by the starting and destination stop and other stops at which transport services are provided according to a valid licence or permit and according to an approved timetable. The connection is a transport connection within the line, which is time and place defined by the timetable.
(14) A large vehicle is a vehicle or combination of vehicles with a maximum authorised mass exceeding 3,5 tonnes, if it is intended for the transport of animals or goods, or a vehicle intended for the transport of more than 9 persons, including the driver.
(15) A small vehicle shall be a vehicle or combination of vehicles with a maximum authorised mass not exceeding 3,5 tonnes, if it is intended for the transport of animals or goods, or a vehicle intended for the transport of not more than 9 persons, including the driver. ';
8. Paragraph 2 (21) is deleted.
9. in Paragraph 3 (1) (a), including footnote 14:
"(a) to operate road transport by a vehicle which has been assigned the registration number of the Czech Republic and which is registered in the register of road vehicles pursuant to special legislation14),
14) Act No. 56 / 2001 Coll., on the conditions of the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability of persons for damage caused by the operation of a vehicle and on the amendment of certain related acts (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 307 / 1999 Coll. '.
(10) footnote 3a is deleted.
11. in Article 3 (1) (b), the words "European Community4d)" are replaced by the words "European Union4d";
Footnote 4d:
"(4d) Regulation (EC) No 561 / 2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Council Regulations (EEC) No 3821 / 85 and (EC) No 2135 / 98 and repealing Council Regulation (EEC) No 3820 / 85."
12. in Article 3, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
13. in Paragraph 3 (2):
"(2) A domestic carrier operating road transport by vehicles intended for the carriage of passengers, with the exception of passenger vehicles used for its own use, and a domestic carrier operating road transport by a vehicle or a combination of vehicles with a maximum authorised mass exceeding 3,5 tonnes, if intended for the transport of animals or goods, shall:
(a) ensure that the driver keeps a proper record of the driving time, safety breaks and rest periods under this Act, the directly applicable European Union4d 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; and
(b) keep the record referred to in (a) and the proof of cargo for one year from the end of the shipment. ';
14. in Article 3 (3), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
15. in Paragraph 3 (3) (a), the words "a" shall be replaced by the words "if he is obliged to lead it in accordance with paragraph 3," shall be replaced by the words "and rest periods, if he is obliged to lead it in accordance with paragraph 2, and ';
16. In Article 3, the following paragraph 4 is added:
"(4) The method of keeping a record of the driving time, of the safety breaks and rest periods, of the particulars of the alert and of the period during which the records of the driving time, of the safety breaks and of the rest periods in the vehicle must be kept and the documents to accompany the alert shall be laid down in the implementing legislation. ';
17. Paragraph 4 to 8, including the headings and footnotes No 15, read:
Conditions for road transport operations
Road transport may be operated for hire or reward only on the basis of concessions (1), unless otherwise provided by this law.
The Transport Authority shall deliver an opinion on the application for a concession submitted or amending the award decision indicating whether it agrees to grant a concession. On the application for a concession for road transport operations by small vehicles, the transport authority shall always give a favourable opinion.
Specific conditions for the operation of road transport for use by large vehicles
(1) A concession for the operation of road transport by large vehicles may be granted only to a legal person established in the territory of the Czech Republic or to a natural person resident in the territory of the Czech Republic or to a similar residence in the territory of another Member State which fulfils the specific conditions laid down in the directly applicable European Union15), which are:
(a) establishment;
(b) good repute,
(c) financial capacity; and
(d) competence.
(2) Concessions for the operation of road transport by large vehicles cannot be awarded to a person authorised to operate road transport by large vehicles in a Member State other than the Czech Republic.
Good reputation
A person who is righteous under the Trade Code has a reputation if he has not lost his reputation by decision under § 35a.
Financial capacity
(1) Financial eligibility can be demonstrated by all means specified in the directly applicable European Union15). An applicant for a concession which shall keep accounts may demonstrate financial capacity by opening balance sheet or opening balance sheet in a simplified scale. An applicant for a concession that maintains a tax register may demonstrate financial capacity through an opening overview of commercial assets.
(2) The duration of financial capacity shall be demonstrated by the road haulage operator operating large vehicles to the transport office for each calendar year by 31 July of that year at the latest. Where a road transport operator operates large vehicles, before the expiry of that period, requests an extension, he shall demonstrate the duration of the financial capacity by 31 August of the calendar year at the latest.
(15) Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council. ';
18. The following Sections 8a to 8c are inserted after Section 8, including the headings and footnotes No 16 and 17:
Professional competence
(1) The condition of professional competence shall be met if the professional representative of the road transport operator operating large vehicles is competent.
(2) Professional competence shall be demonstrated by a certificate of professional competence for road transport operations issued by the trade office.
(a) the transport authority, on the basis of a successfully completed test of the articles and under the conditions laid down directly by the European Union Regulation (16); or
(b) an authority of a Member State other than the Czech Republic pursuant to the directly applicable European Union17).
(3) Professional competence shall be demonstrated separately for freight services operated by a vehicle or a combination of vehicles with a maximum authorised mass exceeding 3,5 tonnes when intended for the transport of animals or goods, and for passenger services operated by a vehicle intended for the transport of more than 9 persons, including the driver.
(4) The examination referred to in paragraph 2 (a) shall be carried out by the transport authority responsible for the place of residence of the applicant or, if the applicant is not resident in the Czech Republic, according to the place of habitual residence of the applicant under the directly applicable European Union16). The test is not public.
(5) The exam is written, in Czech and consists of a test and case study. The test shall be supervised and the result evaluated by at least three members of the test panel appointed by the Transport Authority. If the applicant failed the test, the test may be repeated.
(6) The test panel shall draw up a report on the course and outcome of the test within 7 days of the date of the test. If the applicant has succeeded in the examination, the transport office shall issue the certificate referred to in paragraph 2. If the applicant failed the test, the transport authority shall inform him in writing immediately after the completion of the protocol and inform him of the conditions for the re-examination.
(7) The Ministry of Transport shall determine the questions and the model input of case studies for the examination referred to in paragraph 2 (a) and publish them in the Transport Bulletin. The procedure for passing the proficiency test, the method of its assessment and the conditions for repeating the test shall be laid down in the implementing legislation.
Responsible representative
(1) Road transport operator operated by large vehicles must operate the business through a responsible representative (5).
(2) A road hauler operated by large vehicles shall appoint a responsible representative to a natural person who fulfils the conditions of the directly applicable European Union Regulation (17). Where a road transport operator is a natural person and fulfils these conditions, he may appoint himself as the responsible representative.
(3) A road hauler operated by large vehicles may appoint a responsible representative who does not have a real link to him under the directly applicable European Union17 Regulation, provided that the sum of the large vehicles used by that entrepreneur for business does not exceed 50.
(4) The responsible representative may operate simultaneously for a maximum of 4 road transport undertakings operated by large vehicles, provided that the sum of the large vehicles used by such undertakings for business does not exceed 50.
Opinion of the Transport Authority
(1) Where an applicant for a concession or an amendment to a concession for the operation of road transport by large vehicles fulfils the conditions set out in Article 6 (1) (a) to (c) and in Article 6 (2) and the designated representative fulfils the conditions set out in Article 8b in the full scope of the subject-matter of the application, the transport authority shall issue a favourable opinion on the application for a concession or amendment of the concession decision.
(2) Where an applicant for a concession or an amendment to a concession for the operation of road transport by large vehicles fulfils the conditions set out in points (a) to (c) of Article 6 (1) and in Article 6 (2) or the responsible representative designated by him fulfils the conditions set out in Article 8b only for a part of the business covered by the application, the transport authority shall, in its opinion, give its consent to the award of the concession or amendment of the concession decision to that part of the business. On the part of the business for which the conditions laid down in the first sentence are not met, the transport authority shall state its opposition in the opinion and state the reasons for the opinion.
(3) Where an applicant for a concession or an amendment to a concession for the operation of road transport by large vehicles does not meet one of the conditions set out in points (a) to (c) of Article 6 (1) and in Article 6 (2), or a designated representative does not meet one of the conditions set out in Article 8b and cannot be followed in accordance with paragraph 2, the transport authority shall issue an opposition opinion or amend the concession decision and justify that opinion.
(4) The applicant intending to operate road transport by large vehicles shall affix to the application for a concession or to amend the decision granting a concession, in addition to the formalities laid down by the trade law
(a) a document certifying the legal basis for the use of premises to fulfil the condition of establishment under the directly applicable European Union14);
(b) a document certifying the legal reason for using at least one large vehicle after the award of the concession or amending the award decision;
(c) documents demonstrating compliance with the condition of financial capacity;
(d) a certificate of compliance with the conditions of good repute, provided that the applicant or his designated representative has been issued in accordance with the directly applicable European Union Regulation (15); and
(e) where the person appointed by the applicant by the responsible representative has a real link with the applicant, proof of that link.
(5) Where an application for a concession or an amendment to a concession decision is not accompanied by the supporting documents referred to in paragraph 4 to the extent necessary or necessary to assess compliance with the conditions set out in points (a) to (c) of Article 6 (1) and in Article 6 (2) or Article 8b, the transport authority may invite the applicant for the concession or the amendment of the concession decision to supplement the application; it shall set a reasonable period for that purpose. The same letter of invitation shall also be sent by the Transport Office to the Trade and Trade Office. For the period specified in the notice, the time limit for the issue of an opinion shall not run. The transport office shall send the completed supporting documents to the trade office together with the opinion.
(6) The Transport Authority shall also deliver an opinion on the application for approval of the provisions of the new responsible representative when the operation of road transport by large vehicles is concerned. The Transport Authority shall issue a favourable opinion if the newly appointed representative fulfils the conditions laid down in Section 8b. Otherwise, the transport authority shall issue a dissent opinion and state the reasons for that opinion.
(7) The application for approval of a new representative shall be accompanied by the documents referred to in paragraph 4 (d) and (e). The procedure referred to in paragraph 5 shall be applied mutatis mutandis.
16) Article 8 and Annex 1 to Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council.
17) Article 4 of Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council. '
19. in Paragraph 9 (1), the words "taxis, buses, tractors and lorries with a total weight exceeding 3,5 tonnes," shall be replaced by the words "large vehicles which";
20. Paragraph 9 (2), including footnote 18, reads as follows:
"(2) Road transport operator shall ensure that:
(a) in each vehicle used for business, there was evidence of a business authorisation in its operation, an international special regular transport contract, provided that the European Union Regulation is directly applicable (18), and other documents relating to the carriage carried out under this Act, a directly applicable European Union Regulation (13), or a declared international contract, which the Czech Republic is bound by;
(b) the work of the driver of a vehicle intended for the carriage of more than 9 persons, including the driver, is carried out only by a person who is not prevented from being trusted in accordance with paragraph 3 (a) or (b); and
(c) the work of the driver of a vehicle intended for the carriage of not more than 9 persons, including the driver, has only been performed by a reliable person.
(18) Regulation (EC) No 1073 / 2009 of the European Parliament and of the Council. '
21. in Article 9 (3) (a) and (b):
"(a) which has been imposed by a court for the commission of a criminal offence on the basis of a prohibition on the management of motor vehicles whose performance has ended in the last 3 years or whose execution has been suspended on condition in the last 3 years;
(b) which has been penalised for an offence committed in the last 3 years:
1. driving a motor 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. in driving a motor vehicle in a state which excludes the eligibility of an alcoholic beverage or other addictive substance; or
3. in refusal to undergo an examination as to whether it was not affected by alcohol or any other substance when driving a motor vehicle, '.
22. in Article 9 (3) (c), (d) and (e), the word "or" shall be deleted;
23. in Article 9 (3) (f), the comma shall be replaced by "or";
24. in 9 (3) (g) the word "second" shall be replaced by the word "fourth."
25. Paragraph 9 (4) reads:
"(4) The road transport operator is also obliged to:
(a) repair large vehicles with the exception of minor repairs on areas designated for this purpose and keep evidence of maintenance outside the premises for 2 years; and
(b) before the start of the transport operation, inform the transport authority of the number of vehicles with which transport will be operated, their registration plate of the Czech Republic, the largest authorised mass, the total number of places to transport persons including the driver, the factory mark and the trade mark and report any change in these data within 30 days of the date of the occurrence of the operative event. "
26. in Paragraph 10 (1):
"(1) A road transport operator may operate regular passenger services only if he holds:
(a) licences to operate regular passenger services (hereinafter referred to as "licences") granted by the Transport Authority;
(b) licences granted by the Ministry of Transport and the authority of another State whose territory the line is operated in the case of international regular passenger services; or
(c) an authorisation to operate international regular passenger services under the directly applicable European Union18) granted by the Ministry of Transport or by an authority of a Member State other than the Czech Republic, unless a contract for international special regular services is concluded under the directly applicable European Union18). "
27. in Article 10 (2), point (a) is deleted;
Points (b) to (h) shall be renumbered (a) to (g).
28. in Paragraph 10 (2) (g), the words'; this provision shall not apply to urban bus transport 'shall be replaced by' in the case of international regular passenger transport ';
29. in Article 10 (3), the words "except for international scheduled passenger services, where the competent Ministry of Transport and Communications is to decide" shall be deleted.
30. In Paragraph 11 (2), "3 'is replaced by" 2';
31. in Article 12 (1), "45" is replaced by "60."
32. in Articles 12 (2) to (4), 17 (1) and (2), 30 (2), 34 (4) and 40 (2), the words "and connections" are deleted.
33.In Article 16, point (d) is deleted.
Point (e) shall be renumbered as point (d).
34. The following Section 16a is inserted after Section 16:
The provisions of Sections 11, 12 (3) and 13 to 16 shall apply mutatis mutandis to the issue, modification and withdrawal of authorisations for international regular passenger services under the directly applicable European Union18. '
35. in Paragraph 18 (c), the words "the conditions laid down in the decision granting the licence or authorisation" shall be inserted after the words "under."
36. In Paragraph 21 (3), the sentence "The taxi operator is obliged to ensure that the driver keeps records of the operation of the taxi service vehicle and is obliged to keep those records for a period of 1 year from the end of the transport operation. 'is inserted after the first sentence.
37. In the third sentence of Article 21 (3), the words "the way in which a taxi is operated and the details of the recording on the operation of the taxi service 'shall be inserted after the words" the use of the meter'.
38. In Article 21 (5), the words "competent to issue an opinion on the concession 'are deleted.
39. in Paragraph 21 (6), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
40. In Article 21b, at the end of paragraph 2, the sentence "The details of the order record shall be laid down in the implementing legislation."
41. in Article 21b, the following paragraph 5 is added:
"(5) In addition, an international occasional road passenger transport operator shall ensure that a completed journey note is placed in the vehicle carrying out the carriage in accordance with the directly applicable European Union19) or the declared international contract, which the Czech Republic is bound by. The form of the journey form shall be issued by the Ministry of Transport or the person authorised by the Ministry of Transport to the operator of occasional passenger road transport at his request.
19) Article 2 (4) and Article 12 of Regulation (EC) No 1073 / 2009 of the European Parliament and of the Council. ';
42. Paragraph 22 (2) reads as follows:
"(2) Road transport is permitted only to carry dangerous goods as defined by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) (hereinafter referred to as the ADR Agreement) 7, under the conditions set out therein. ';
43.
(1) The person transferring dangerous goods for transport (the consignor) is required to carry dangerous goods in accordance with the ADR Agreement.
(a) to provide the carrier with duly completed accompanying documents,
(b) to classify and transfer for transport only dangerous goods the transport of which is permitted;
(c) to transfer dangerous goods for transport only if the provisions on the way in which dangerous goods are transported are complied with;
(d) comply with the provisions on prohibition of common loading;
(e) use only approved and prescribed packaging for the packaging of dangerous goods,
(f) to classify, pack and mark parts of dangerous goods by marking and marking;
(g) indicate the container by means of safety marks and markings relating to the cargo;
(h) appoint a safety adviser for the transport of dangerous goods;
(i) provide training for other persons involved in transport; and
(j) keep the prescribed documents for 2 years.
(2) The carrier is obliged to carry dangerous goods in accordance with the ADR Agreement
(a) ensure that the accompanying documents are duly completed in the transport unit during transport;
(b) ensure that the transport unit is competent and equipped with prescribed documents for the transport of dangerous goods;
(c) ensure that transport is carried out only by a crew of transport units composed of holders of the corresponding certificates;
(d) take over for transport and transport only dangerous goods whose transport is permitted;
(e) ensure compliance with the provisions on loading, including prohibition of common loading, unloading, handling, securing, operation and supervision of the transport unit;
(f) prevent the release of substances or damage to goods transported and do not take over dangerous goods for the transport of which their packaging is damaged or loose;
(g) ensure that, in the event of an accident or incident, members of the crew of the vehicle carry out the measures specified in the written instructions for the driver of the vehicle;
(h) carry out transport operations by a transport unit marked with safety marks and markings relating to cargo;
(i) to carry only a container marked with safety marks and markings relating to cargo;
(j) use a transport unit equipped with the prescribed equipment;
(k) comply with the provisions on the transport of dangerous goods;
(l) equip the transport unit with fire extinguishers,
(m) appoint a safety adviser for the transport of dangerous goods; and
(n) keep the prescribed documents for 2 years.
(3) The person responsible for unloading dangerous goods (hereinafter referred to as the consignee) is obliged to carry dangerous goods in accordance with the ADR Agreement.
(a) appoint a safety adviser for the transport of dangerous goods;
(b) comply with the provisions on unloading, cleaning and decontamination of the vehicle;
(c) to provide training for other persons involved in transport; and
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Regulation Information
| Citation | Act No. 119 / 2012 Coll., amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2012 |
|---|---|
| Effective from | 01.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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