Act No. 133 / 2011 Coll.
Act amending Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended, and certain other laws
Valid
Effective from 01.08.2011
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133
THE LAW
of 3 May 2011
amending Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 229 / 2005 Coll., Act No. 170 / 2007 Coll., Act No. 215 / 2007 Coll., Act No. 374 / 2007 Coll., Act No. 264 / 2006 Coll., Act No. 264 / 2006 Coll.
1. In Article 2 (l), the word "driver 'is deleted.
2. In Article 2 (m), the word "driver 'is deleted and the words" in no way hindering' are replaced by the words "not hindered '.
3. In Article 2, at the end of point (ll), the dot is replaced by a comma and the following point (mm) is added:
"(mm) vehicle column means a continuous current of more than one vehicle in which each vehicle cannot be overtaken individually, the spacing between each vehicle during overtaking or overtaking does not allow safe classification."
4. in Article 5 (1), point (h) is deleted;
Points (i) to (l) shall be renumbered as points (h) to (k).
5. In Article 5 (1), the dot at the end of point (k) is replaced by a comma and the following point (l) is added:
"(l) wear clothing accessories marked with retroreflective material provided for in the implementing legislation provided for in Article 56 (8) if they are located outside the vehicle on road communication outside the municipality in connection with an emergency situation; This does not apply to motorcycle, moped and non-motor vehicle drivers. ';
6. in Article 5 (2), the following point (f) is inserted after point (e):
"(f) endanger or restrict a pedestrian crossing a road after a pedestrian crossing or apparently intending to cross a road crossing a pedestrian crossing, where necessary, the driver shall also stop the vehicle before the pedestrian crossing; These obligations shall not apply to the driver of the tram; ';
Point (f) shall be renumbered as point (g).
7. in Article 5 (2) (g):
"(g) to endanger the pedestrian crossing the road to which the driver is diverting, and must not endanger the pedestrian turning to a point outside the road, entering the road and turning or reversing."
8. The following Section 6a is inserted after Section 6:
(1) When checking the technical condition of the vehicle or combination pursuant to § 6 (13) and (14), the driver shall:
(a) drive to the technical condition control facility if the detour, including the journey back to the road, is not more than 8 kilometres; and
(b) follow the instructions of the person serving the technical condition control equipment.
(2) The results of the check on the technical condition of the vehicle or combination shall be documented by the police to the driver.
(3) If a serious or dangerous defect is detected during the inspection of the technical condition of the vehicle or combination (2), the driver of the vehicle or combination shall be obliged to pay the cost of carrying out the technical check.
(4) The method of carrying out the check on the technical condition, the method of determining the costs of carrying out the check on the technical condition, the details of the proof of the outcome of the technical check shall be laid down in the implementing legislation. ';
9. In Article 17 (2), the words "nor to restrict 'are deleted.
10. in Article 17 (5) (d), the words' and immediately before 'shall be replaced by' or at the crossing point for and immediately before cyclists';
11. in Article 27 (1) (c), the words "and at a distance less than 5 m before it" shall be replaced by "or at a crossing point for cyclists and at a distance less than 5 m before it."
12. The following Section 40a is inserted after Paragraph 40, including the title and footnote 18a:
Operation of vehicles in winter
(1) From 1 November to 31 March, provided that:
(a) there is a continuous layer of snow, ice or ice on the road, or
(b) due to weather conditions, it may be assumed that a continuous layer of snow, ice or ice may occur on the road during the journey;
a motor vehicle of category M or N2 may be used) for use on the road only under the conditions of use of winter tyres 18a), for motor vehicles with a maximum permissible mass not exceeding 3,500 kg on all wheels and for motor vehicles with a maximum permissible mass exceeding 3,500 kg on all wheels of driving axles with a continuous drive force transmission. The winter tyres referred to in the first sentence shall have a depth of not less than 4 mm of the design of the main track track or cut and, for motor vehicles, a maximum permissible mass exceeding 3 500 kg not less than 6 mm.
(2) Paragraph 1 shall not apply to replacement tyre used in the case of emergency milking 18a).
18a) Paragraph 21 (3) of Decree No 341 / 2002 Coll., on the approval of technical competence and on technical conditions for the operation of vehicles on the road, as amended. '
13. in Paragraph 41 (1), "(f), (g) and (h)," shall be replaced by "(f) and (g),"
14. in Paragraph 45, the following paragraph 5 is inserted after paragraph 4:
"(5) If there is an obstacle to traffic on the road, when the technical state of the road does not allow further safe driving, the policeman shall be entitled to prohibit vehicles from driving again and to prohibit the entry of other vehicles to such communication or to the section of the road. '
Paragraph 5 shall become paragraph 6.
15. After Paragraph 47, the following Section 47a is inserted:
Prohibition of participation in certain road traffic actions
The driver shall not use the vehicle on the motorway, road and local communication to participate in sporting and similar events if they are likely to endanger road safety, unless they are organised in accordance with the decision of the competent administrative authority on the specific use of the infrastructure under another legislation (1). ';
16. in Paragraph 48 (6):
"(6) The provisions of paragraphs 1 and 2 shall not apply to the transport of injured persons and otherwise to the health of persons at risk in a homogenised mobile life-saving device intended to move the injured persons and otherwise to the health of those at risk from exposed terrain, transported in a mountain service rescue vehicle and the necessary transport of rescue workers. The provisions of paragraph 5 shall not apply to a mountain service trailer when transporting a rescued person. ';
17. In Paragraph 51, the following paragraph 6 is inserted after paragraph 5:
"(6) The prohibition on the carriage of persons in the loading area of a truck shall not apply to the transport of injured persons and otherwise to persons at risk in a mobile homologous mountain service vehicle intended to move the injured persons and otherwise to the health at risk from exposed terrain, transported in the cargo area of a mountain service rescue vehicle and the necessary transport of rescue workers. ';
18. in Paragraph 60 (1), "(f), (g) and (h)" shall be replaced by "(f) and (g),"
19. Paragraph 67, including the title, reads:
Special marking of vehicles and persons
(1) A parking licence identifying a vehicle carrying a person with a severe disability (hereinafter referred to as the "parking licence for persons with disabilities"), the name of a vehicle controlled by a person with a hearing disability (hereinafter referred to as "O 2 marking") or the name of a vehicle of a doctor performing a visiting service provided for in the implementing legislation may only be used by persons who receive the marking from the competent municipal authority of the municipality with extended scope or from an authorised authority abroad.
(2) The parking licence for persons with disabilities is issued by the competent municipal authority of the municipality with extended competence to a person who has been granted exceptional advantages of grade II except for disabled complete or practical deafness or level III in accordance with another legislation24).
(3) The O 2 marking shall be issued by the competent municipal authority of the municipality with extended competence to the holder of a driving licence which has been granted exceptional advantages of Class II due to disability by complete or practical deafness.
(4) A vehicle may be marked with a parking pass for disabled persons only if the vehicle or vehicle is being driven by a person holding a parking pass for disabled persons in accordance with paragraph 1. The person transported shall be required to prove, at the request of a police officer or a municipal police officer, that he has been granted exceptional advantages under another legislation (24) which entitle him to use a vehicle marked with a parking pass for disabled persons.
(5) In individual cases and if urgently necessary, the driver of a motor vehicle with a parking licence for disabled persons and doctors performing a visitor service referred to in paragraph 1 shall not be required to comply with the standstill ban and the standstill ban resulting from the "standstill ban 'sign for the period of urgent need; the safety and continuity of road traffic shall not be compromised.
(6) In individual cases and if this is urgently necessary, vehicles marked with a parking pass for disabled persons may enter even where the "Prohibition of entry 'mark is restricted by the additional tables" ONLY TRAINING', "OUT TRAVEL '," ONLY TRAVEL' and "OUT TRAVEL '.
(7) In individual cases and if urgently necessary, vehicles marked with a parking pass for disabled persons may also enter the area marked with the "pedestrian zone 'sign.
(8) In a reserved parking lot for a vehicle marked with a parking pass for disabled persons, vehicles shall be prohibited from stopping and standing without this marking.
(9) At the request of a person who has been issued a parking licence for disabled persons, the Road Authority may issue a decision setting up a reserved parking lot at the place of residence under another legislation (25). The Road Administration shall, under another legislation (1), supervise the proper use of the reserved parking lot.
(10) For their designation as road users, blind white sticks and deaf red and white sticks are used by blind people.
(11) The implementing legislation lays down the types, models and the implementation of special vehicle and person markings. '
20. in Paragraph 70 (2) (f):
"(f) the signals" The signal of yellow light in the shape of a walker, "" The signal of yellow light in the shape of a cyclist "or" The signal of yellow light in the shape of a walker and a cyclists "which are supplemented by a signal with a green arrow pointing to the right or left, indicate to the driver that, when driving in the direction in which the arrow shows, it crosses the direction of walking across the pedestrians, the direction of passing cyclists, or the direction of walking through the crossing."
21. In Paragraph 77, the following paragraph 5 is inserted after paragraph 4:
"(5) The competent authority of the police or the Ministry of Interior shall issue an opinion in accordance with paragraphs 1 to 4 within 30 days of receipt of the request for an opinion. Where the competent authority of the police or the Ministry of Interior has not delivered an opinion on the application within that period, a favourable opinion shall be deemed to have been issued. ';
Paragraph 5 shall become paragraph 6.
22. In Paragraph 77, in paragraph 6, the following sentence is inserted after the first sentence: "A police officer may, by way of order within the meaning of Section 75 itself, authorise an immediate derogation from the local and transitional road traffic arrangements if this is necessary to ensure the safety and continuity of road traffic. '
23. § 79a reads:
Vehicle speed measurement
In order to improve road safety, police and municipal police are entitled to measure the speed of vehicles. The municipal police shall carry out this activity exclusively at the places designated by the police, while cooperating with police (5). "
24. in Article 87a of the title, the words "and electroencephalograph testing" are deleted.
25. in Article 87a (1), the words "and neurological testing, including electroencephalographic (EEG) tests" shall be deleted;
26. in Paragraph 87a (2), the words "and the neurological and EEG examinations" shall be deleted;
27. in Paragraph 87a, the following paragraph 3 is inserted after paragraph 2:
"(3) A traffic psychological examination shall be submitted to the driver who requests the return of his driving licence pursuant to § 123d. '
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
28. in Paragraph 87a (4):
"(4) Transport psychological examination is carried out by a psychologist to whom the Ministry has granted accreditation."
29. in Paragraph 87a (5):
"(5) The Ministry shall grant accreditation to carry out a transport psychological examination at the request of a natural person who:
(a) have completed an accredited master's degree in psychology;
(b) have completed post-graduate studies in the field of transport psychology of an accredited study programme or a programme of lifelong learning carried out by a university;
(c) has at least 3 years of experience in transport psychology; and
(d) he shall have at his disposal the equipment necessary for the proper conduct of the transport psychological examination. ";
30. in Article 87a (6), the words "and neurological examination, including EEG" shall be deleted;
31. in Article 87a (7), the words "and neurological examination, including EEG," shall be deleted;
32. in Article 87a (8), the words "and neurological examination, including EEG," shall be deleted;
33. In Paragraph 87a, paragraph 9 is added:
"(9) The equipment necessary for the proper conduct of the transport psychological examination shall be provided for in the implementing legislation."
34. in Paragraph 90 (2):
"(2) If the applicant for a driving licence has completed a practical training and test in driving a motor vehicle (4) with a vehicle equipped with an automatic gearbox, the municipal authority of the municipality with extended scope shall limit the driving authorisation of the group or subgroup concerned to vehicles with this type of gearbox; However, this restriction shall not be applied if it is a category AM driving licence. A vehicle equipped with an automatic gearbox means a vehicle in which there is no clutch pedal, or in the case of vehicles which are entitled to drive by category A or subgroup A1, a hand lever. ';
35. in the last sentence of Paragraph 110 (3), the last sentence is: "The replacement of a driving licence on the grounds of the expiry of its period of validity and on condition that the request for replacement has been made to the competent municipal authority of the municipality with extended competence during the period of validity of that licence shall be made free of charge."
36. In Paragraph 118a, at the end of paragraph 2, the dot is replaced by "or 'and the following point (d) is added:
"(d) there is a reasonable suspicion that the vehicle has been used in breach of § 47a."
37. In Paragraph 118a, at the end of paragraph 6, the sentence "If a vehicle has been prevented under paragraph 2 (d), the police shall not release the vehicle until the danger of its further use has ceased to exist in contravention of § 47a, but no later than 48 hours from the date of the prevention. '
38. In Paragraph 119 (2), the designation of the last two letters "n 'and" o' is replaced by "p 'and" q'.
(39) In Article 123a, a comma and the words "conduct which has the characteristics of an infringement under another legislature30" shall be inserted after the words "repeated offenses";
40. In Article 123c (2), the words "by one act" shall be deleted and the words "and discussed in joint proceedings" shall be inserted after the words "in the score."
41. in the first sentence of Article 123c (3), the words "or by electronic means" shall be inserted after the words "in writing."
42. in Article 123d (3), the words "and the presentation of a medical opinion, including a transport psychological examination," shall be inserted after the word "Regulation (4)."
43. In Paragraph 124 (5) (i), the words "persons who have been granted exceptional second or third degree benefits under special legislation (36)," including footnote 36, are deleted.
44. Paragraph 125, including the title, shall be deleted.
45. The following Sections 125c, 125d and 125e are inserted after Section 125b, including the group title, headings and footnotes 38b and 38c:
"Administrative offences
Transfers
(1) A natural person commits an offence by road traffic
(a) driving the vehicle;
1. which, contrary to other legislation38b, does not include a registration plate (registration mark) or a registration plate which has not been assigned to the vehicle;
2. whose registration plate table is obscured, unreadable or modified or placed in such a way that its legibility is prevented or significantly impaired; or
3. which is technically unfit for use on the road (34a) in such a serious way that it directly endangers other road users;
(b) in contravention of Article 5 (2) (b), drives a vehicle or rides an animal immediately after the ingestion of an alcoholic drink or after the use of another addictive substance or at such time after the ingestion of an alcoholic drink or the use of another addictive substance for which it is still under their influence;
(c) drive a vehicle or drive an animal in a state of exclusion of competence which it has caused by the ingestion of an alcoholic beverage or other addictive substance;
(d) in spite of a call under Article 5 (1) (f) and (g), refuse to undergo an examination as to whether, when driving a vehicle or riding an animal, it was not affected by alcohol or any other addictive substance, although such an examination is not associated with a risk to its health,
(e) drives a motor vehicle; and
1. in contravention of § 3 (3) (a), it does not hold the relevant driving licence under § 81;
2. her driving licence has been detained pursuant to Paragraph 118b (1);
3. does not hold a valid driver's professional licence (4);
4. does not hold a valid medical opinion; or
5. as a driver holding a European Union driving licence, a driving licence issued by a foreign State or an international driving licence issued by a foreign State, the right to drive a motor vehicle on the territory of the Czech Republic has expired pursuant to § 123c (7);
(f) when driving a vehicle
1. in contravention of § 7 (1) (c), holds a telephone device or other means of communication or recording equipment;
2. exceeds the highest holiday speed in the village by 40 km.h-1 and more or outside the municipality by 50 km.h-1 and more;
3. exceeds the highest holiday speed in the village by 20 km.h-1 and more or outside the municipality by 30 km.h-1 and more,
4. exceeds the maximum permissible speed in the municipality by less than 20 km.h-1 or outside the municipality by less than 30 km.h-1,
5. in contravention of § 4 (b) and (c), the vehicle shall not stop at a signal ordering it to stop the vehicle or at the direction "Stop" given by the authorised person when driving or directing traffic on the road;
6. in contravention of Article 5 (2) (f), it shall not allow pedestrians to cross uninterrupted and safe passage of the road or to stop the vehicle from crossing for pedestrians in cases where it is obliged to do so, or endanger pedestrians crossing the road to which it diverges, or, contrary to Article 5 (2) (g), it shall endanger pedestrians when diverting to a place situated outside the road, when entering the road or turning and reversing;
7. passes the vehicle in cases where it is prohibited by general, local or transitional road traffic arrangements;
8. does not give priority in driving in cases where it is obliged to give priority in driving;
9. Contrary to Paragraph 29 (1), it enters a railway crossing in cases where this is prohibited;
10. in operation on the motorway or on the road for motor vehicles, it rotates, goes in the opposite direction or reverses in a place where it is not permitted under Paragraph 36 (1) (b); or
11. Illegally standing with a vehicle in a parking lot reserved for a vehicle marked with a parking pass for disabled persons or, contrary to Paragraph 67 (4), using the parking pass for disabled persons on standing or driving;
(g) in contravention of Paragraph 43, infringes the restrictions on driving of certain vehicles;
(h) causes an accident in which another person is harmed;
(i) in an accident
1. in breach of Article 47 (2) (a), they shall not stop the vehicle without delay;
2. in contravention of § 47 (3) (b) does not report an accident to a police officer,
3. in contravention of Article 47 (3) (f), it shall not demonstrate the identity of the other participants in the accident, including the communication of vehicle data that had participated in the accident; or
4. In contravention of Paragraph 47 (4) (c), it shall illegally leave the place of the accident or shall not return to the place of the accident immediately upon the provision or recall of assistance or after the notification of the accident;
(j) use anti-radar in breach of § 3 (4);
(k) by acts other than those referred to in (a) to (j), fail to fulfil or breach the obligation laid down in Title II of this Law.
(2) A natural person commits an infringement as a vehicle operator by ordering or entrusting, contrary to Paragraph 10 (1) (d), separate vehicle management to a person who does not know the information necessary to determine his identity.
(3) A natural person commits an offence as a driving school teacher by operating on the road
(a) in contravention of § 8a (1) (a), consume an alcoholic beverage or use an addictive substance during training in a training vehicle;
(b) in contravention of § 8a (1) (b), conduct training in a training vehicle immediately after the ingestion of an alcoholic drink or the use of an addictive substance where it may still be under their influence;
(c) in contravention of § 8a (1) (c), conduct training in a training vehicle if its ability to perform a driving school teacher is reduced as a result of its health status;
(d) in spite of a call under Article 8a (2) (a) and (b), refuse to undergo an examination as to whether it was not affected by alcohol or any other addictive substance during the course of the training, although such an examination is not linked to a danger to his health.
(4) A fine will be imposed for the offence
(a) from CZK 25,000 to CZK 50,000, if the offence referred to in paragraph 1 (c), (d), (e) points 1 and 5, and (h),
(b) from 10 000 CZK to 20 000 CZK, if it is an offence pursuant to paragraph 3,
(c) from CZK 2,500 to CZK 20,000, if it is an offence referred to in paragraph 1 (b),
(d) from CZK 5,000 to CZK 10,000, if the offence referred to in paragraph 1 (a), (e) points 2 to 4, (f) points 2, 7, 10 and 11, (j) and paragraph 2,
(e) between CZK 2,500 and CZK 5,000, if it is an offence referred to in paragraph 1 (f) (3), (5), (6), (8) and (9), (g) and (i),
(f) from CZK 1,500 to CZK 2,500, if the offence referred to in paragraph 1 (f) (1) and (4) and (k) applies.
(5) An operating ban shall be imposed on the offence referred to in paragraph 1 (c), (d), (e), (1) and (5) and (h) from one year to two years. For the offence referred to in paragraph 1 (a), (b), (e) (2) to (4), (f) (2), (7) and (10) and in paragraph 3, a prohibition of activity shall be imposed from six months to one year. Those who have committed an offence pursuant to paragraph 1 (f) (3), (5), (6), (8) and (9) (g) and (i) in a period of 12 consecutive calendar months shall be subject to a prohibition of activity from one month to six months.
(6) In block proceedings, the fine shall be imposed on:
(a) CZK 2,000 for the offence referred to in paragraph 1 (k);
(b) CZK 1,000 for the offence referred to in paragraph 1 (f) (1) and (4);
(c) CZK 2,500 for the offence referred to in paragraph 1 (f) (3), (5), (6), (8), (9) and (g).
(7) The offence for which an operating ban is imposed under this law cannot be dealt with in block proceedings.
(8) The penalties provided for in paragraphs 4 to 7, with the exception of paragraph 6 (a), may not be waived in the infringement decision.
Administrative offences of legal and business natural persons
(1) A natural person, legal or legal, commits an administrative offence by:
(a) in contravention of Article 10 (1) (a), order or allow vehicles which do not meet the conditions laid down by other legislation (m2) to be used on the road;
(b) in contravention of Article 10 (1) (b), entrusts the driving of a vehicle to a person who does not fulfil the conditions laid down in Articles 3 (2) and 5 (2) (b) and (c);
(c) in contravention of Paragraph 10 (1) (c), entrusts the steering of a motor vehicle to a person who does not comply with the conditions of Article 3 (3);
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Regulation Information
| Citation | Act No. 133 / 2011 Coll., amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.2011 |
|---|---|
| Effective from | 01.08.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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