Decree of the Ministry of Transport and Communications No. 136 / 1961 Coll.
Ordinance of the Ministry of Transport and Communications implementing the Road Transport Act (Road Law)
Valid
Effective from 07.12.1961
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136
DECLARATION
Ministry of Transport and Communications
of 4 December 1961
implementing the Road Law (Road Law)
The Ministry of Transport and Communications provides in the agreement with the participating central authorities and regional national committees pursuant to § 24 of Act No. 135 / 1961 Coll., on Road (hereinafter referred to as "the Act"):
Planning and management of motorways, roads and local roads
Planning of the development of motorways and roads
(to § 2 (2) of the Act)
(1) The road and motorway development plan is drawn up by the Ministry of Transport and Communications in close cooperation with the national committees and in agreement with the central authorities involved.
(2) The road and road development plan contains, in particular, principles of road policy and studies, setting out, on the basis of the necessary technical and economic basis, an approximate map location for future motorway and most important road routes. The approved plan shall form the basis for the processing and discussion of indicative territorial plans; the studies shall form the basis for the elaboration of detailed territorial plans.
(3) Separate studies shall be carried out for motorways and important road construction to take place during the period of the subsequent road and road development plan, if necessary before the development and discussion of this plan. Separate studies, drawn up by analogy in accordance with paragraph 1, shall also be a basis for territorial planning.
Planning of local communications development
(to § 2 (2) of the Act)
(1) The plans for the development of local communications are essentially part of the territorial plans of the settlements (municipalities); their establishment, negotiation and approval shall be governed by the zoning rules.
(2) The local road development plan for the territory of a municipality which does not have a local housing plan is drawn up and approved by the local national committee, which also ensures its implementation, after consulting the authorities and organisations concerned. The zoning authority shall use these plans as a basis for drawing up the zoning plans and, where appropriate, for issuing territorial decisions.
(3) The scope of the local road development plan is determined by the size and economic importance of the municipality; However, local road development plans shall always include studies setting out an approximate map position for future local road routes on the basis of the necessary technical and economic evidence.
Performance of investment activities for motorways, roads and local communications
(to Paragraph 2 (1) of the Law)
(1) The investment activity for motorways is carried out by the Ministry of Transport and Communications, or through a directly subordinate organisation.
(2) Investment activities for first-class roads (Section 5) are carried out by regional national committees; the investment activities for the II and III roads are carried out by district national committees.
(3) Investment activities for local communications are carried out by local national committees.
(4) Where there are several national committees for the construction, conversion or modification of the road or local communications in the territorial districts, the participating national committees shall carry out their investment activities in close cooperation.
Management and supervision of motorways, roads and local roads
(to Article 3 of the Act)
(1) The management and supervision of motorways are the responsibility of the Ministry of Transport and Communications and, where appropriate, its directly subordinate organisation; However, decisions on compensation pursuant to § 6 (2) and § 15 of the Act and decisions on the admissibility of construction pursuant to § 16 of the Act are for the county national committees.
(2) Road management and surveillance belong to the district national committees which perform these tasks either directly or through their subordinate road economy organisations; However, the regional national committees shall:
(a) authorisation of carriage of particularly heavy or large objects by road, if they exceed the territorial perimeter of one district;
(b) the authorisation of closures and the ordering of detour on first-class roads;
(c) synergy in deciding on the adaptation of first-class roads pursuant to § 19 (1) of the Act.
(3) The management and surveillance of road sections (Section 6 (1)) in cities with local tram or trolleybus transport belong to the municipal national committees.
(4) The management and supervision of local communications belong to the local national committees which perform these tasks directly and, where appropriate, through their subordinate organisations.
(5) The Ministry of Transport and Communications shall, in close cooperation with the national committees, ensure in particular:
(a) establishing the principles of road policy and the development of the road economy;
(b) the organisation or fitting of a road network, in accordance with the interests of State defence;
(c) deciding to include local or special purpose communications in the road network and to remove the road from that network;
(d) identification of roads in classes and identification of road design elements;
(e) keeping a central register of roads, local roads and central paporal roads.
Use and protection of motorways, roads and local roads
Road network
(to Paragraph 4 (1) of the Law)
The roads shall be divided into:
(a) first-class roads which are relevant for international or national transport; are marked with numbers from 1 to 99,
(b) roads of class II which are relevant for transport between counties; are marked with numbers from 100 to 999;
(c) roads of class III which have local significance; are identified by four to five digit numbers according to the numbers closest to Route II, and, exceptionally, by Class I.
Road transit sections
(to Paragraph 4 (1) of the Law)
(1) The transit section of the road means the section of the road leading in the territory built or intended for continuous installation; the border of that territory shall be determined by analogy with the road protection zones (§ 16 (2)). The width of the passage section is the width of the road with the sides between the increased edges of the pavement (lawns, etc.); If the village passes through a road with ditches (slopes, walls, tarages), the width of the transit section is determined by the boundary of the road body (§ 10 (1)). In squares and similar spaces, the width of the transit section shall be the width of the lane, distinguished from the surrounding surface of the road by the type or material of the road, or flat rigols, and, if not even them, the width of the lane, corresponding to the width of the road with the sides in the adjacent open line.
(2) The road management organisation shall maintain a passageway section of the road to the extent appropriate to the maintenance of the adjacent free line; Maintenance beyond this range shall be provided by the local national committee.
Classification of local and / or special purpose communication into and removal from the road network
(to Paragraph 4 (2) of the Act)
(1) Local or special purpose communications, or parts thereof, shall be included in the road network if they are needed to organise the network effectively, in particular to achieve its connection or to connect the municipality to the road network. The decision shall be issued by the Ministry of Transport and Communications after consultation with the national committees concerned of all stages and, where appropriate, with the existing owner (s) of the communication.
(2) The road or part of it shall be removed from the road network if it is not required to organise the network effectively, in particular as a result of other investment construction or changes in the transport conditions. The decision shall be issued by the Ministry of Transport and Communications after consultation with the national committees concerned of all stages and with the military authorities.
(3) The road or part of the road may be abandoned
(a) be included as local communications in the local communications network of the municipality concerned;
(b) taken as a purpose communication to the administration, use and maintenance of a socialist organisation which may use it;
(c) used as a road auxiliary parcel for road economy purposes; or
(d) cancelled if none of the methods referred to in (a) to (c) can be used; in that case, they must be adequately and economically regenerated, depending on the nature of the case.
Local communications networks
(to Section 21 of the Act)
(1) The local road network for the territory of the municipality consists of generally accessible and used infrastructure not included in the road network which:
(a) are located in a territory built or intended for continuous construction;
(b) connect two municipalities (settlements), or parts of the municipality (settlements near the establishments) or settlements, and are of transport significance for this connection;
(c) connect the municipality with the railway station, railway station, airport or port, provided that it does not serve primarily the operation or management of such facilities as special purpose communications;
(d) connect the village to the cemetery.
(2) The Local National Committee may include in the network of local communications special purpose communications which:
(a) connect the municipality with a road or local road; or
(b) make public public sites or recreational areas (e.g. ponds, tourist hotels, autocamping facilities, observation points).
(3) When deciding on the inclusion of dedicated communications in the local communications network, the local national committee shall base itself on the current situation and shall assess the effectiveness of the inclusion in accordance with local circumstances, in particular who maintains the communication, to what extent it is publicly used and how communicatively necessary for such use.
(4) The local national committee shall exclude local communications or part thereof from the local communications network if it is not needed for the purpose of the organisation of the network, in particular as a result of other investment construction or change of transport conditions, or if it is shown to serve exclusively as a purpose communication.
(5) The disabled local communication or part of it may be
(a) taken as a purpose communication to the administration, use and maintenance of a socialist organisation which may use it;
(b) used as a road auxiliary parcel; or
(c) cancelled if none of the methods referred to in (a) and (b) can be used; in that case, they must be adequately and economically regenerated, depending on the nature of the case.
(6) If, on a case-by-case basis, there are discrepancies as to whether the infrastructure or part thereof belongs to the local communications network or whether the communication is to be included in or excluded from the local communications network, the district national committee shall decide.
Distribution of local communications
(to Section 21 of the Act)
Local national committees shall divide local communications into:
(a) local first-class communications, including major urban communications that meet technically all modes of transport (e.g. communications that also include public public transport, collection, outage and other particularly important urban communications);
(b) local II-class communications, including other urban and rural communications, provided that they are built and comply with all types of motor vehicle traffic (e.g. minor streets, main village communications);
(c) Class III local communications, including other local communications, where at least limited access to motor vehicles (e.g. routes) is available;
(d) local communication of class IV which are not even restricted to motor vehicles (e.g. paths, paths, separate cycling paths, separate pavements, stairs).
Parts of motorways, roads and local roads
(k § 5 of the Act)
(1) The road body is bounded by the outer edges of road or catching moats and rigols, the slopes of road embankments and incisions, or by the outer edges of the heel of supporting walls and taras, or by the outer edges of the crown of tiling and guarantee walls, or by the outer edges of the notches above these walls, as the case may be. The body of the motorway or local communication is similarly bounded.
(2) The components of motorways, roads and local roads are mainly bridges (overpasses), passages, tunnels, supporting, warranty, tiles and parapet walls, tarages, road slopes, road auxiliary land, trenches and other arrangements for draining water (e.g. rainfall, rigols, trativores), railings, reflectors, chargers, springs, directional posts, station and border stones, snowfalls, road trees, rest zones and station areas of public transport, transport signs and equipment (excluding illuminated signs for traffic control and the habitats of transport authorities), containers and landfills of maintenance materials, protective and green bands and islets.
(3) Parts of roads and local roads are also ferries, as well as pavements and cycling paths adjacent to the road body.
(4) Part of local roads are also public parking lots and defrosters, facilities for securing and securing crossings, underpasses and bridge crossings.
(5) Sewerage is part of a motorway, road or local communication only if it serves exclusively to drain surface water with communication.
(6) The provisions of paragraphs 2, 3 and 5 of the provisions of paragraphs 2, 3 and 5 apply to the parts of the transit sections of roads in municipalities, with the following derogations: the parts of the transit sections are not pavements, railings, chains and other devices for securing and securing crossings and trees, even if they are on the body of the transit section.
(7) Part of roads and local roads are not in particular barriers to the water tanks and ponds on which the communication takes place, bridges and level crossings to neighbouring land and other properties, stop signs, stations and public transport waiting points, bus stations, level crossings without barriers at a distance of 2,5 m from the axis of the extreme track and level crossings with barriers at a distance between the barriers, rail crossing facilities, road crossing tracks, road level railway lines up to 0,5 m from the external edge of the rail, special rail sections, overhead track lines, public access to public transport, public lighting, energy, telecommunications, thermal and other lines of all kinds, station stations of fuel and melioration.
(8) Transport signs and equipment are established and maintained by road management organisations in agreement with the transport inspector. The crossing signs shall be set up by a railway undertaking which shall submit them to the maintenance of the organisation of the road economy; the maintenance shall also include an indication of changes in the underground height of the electrified track overhead contact line. The type, presentation and location of transport signs and equipment is otherwise subject to specific regulations.
General use of motorways, roads and local roads
(k § 6 of the Act)
(1) The user must not damage the motorway, road or local communication, wear above normal levels or pollute, in particular when repairing or operating the vehicle or when loading, transport and loading the load. It is prohibited to use equipment or take measures which are capable of damaging it, to wear it above the normal level or to pollute communication, e.g. during braking, when using spurs on tractor wheels or when using belt vehicles without prescribed technical equipment.
(2) The user must not start or otherwise break piles of maintenance materials, scraped mud and swept sand or dust on the sides.
(3) Road moats and slopes are allowed to cross only bridges or ramps which are required by the owners (users) of neighbouring land to maintain in complete order and cleanliness. The discharge of sewage and waste into road trenches and rigols shall be prohibited; water discharges are allowed only by decision of the water operator.
(4) The following shall be prohibited on motorways, roads and local roads of Class I or Class II:
(a) grazing cattle on trenches and slopes;
(b) entry with non-cleaned vehicles and working machinery from non-public areas;
(c) rotation of agricultural working machinery in field work.
(5) The use of sleigh is permitted only on roads and local roads if it is covered with a sufficiently strong snow or ice layer; Under these conditions, vehicles fitted with tyres may also use properly strained snow chains and, in towing animals, a horseshoe with sharp teeth or sharp feet may be used.
Closure and detour
(to Section 7 of the Act)
(1) Traffic on motorways, roads and local roads of Class I, II and III may be partially or completely closed, or a detour may be ordered, in particular in the following cases:
(a) when carrying out work on communications;
(b) in the specific use of communication,
(c) in the event of a disaster;
(d) to ensure security measures;
(e) if necessary, the state of communication or its protection.
(2) The National Committee must ensure that the closure is always limited to the shortest possible period of time. In the case of long-term closures of motorways and roads, care must be taken to ensure that the detour is as advantageous as possible and to meet the requirements of smooth and safe transport.
(3) The decision on the conclusion and, where appropriate, the detour shall be taken by:
(a) the Regional National Committee,
(b) in other cases, the authority to which the management of the communication concerned belongs pursuant to Article 4; where the closure or detour of the territorial districts of several national committees is concerned, the national committees concerned shall issue a joint decision.
(4) The application for the authorisation of a detour or a detour order, as the case may be, shall include, in particular, the precise description of the place, the reason and the duration of the detour and the proposed detour route; must be submitted at least two weeks before the date of intended closure. If the closing or detour is to be extended in time or place, a new application shall be made and a new decision shall be taken.
(5) The decision on the conclusion and, where appropriate, the detour is taken in agreement with the Transport Inspectorate and after consultation
(a) the local national committees concerned;
(b) with military administration;
(c) with a public public transport operator, if it is a communication on which such transport is regularly operated, or with other large road transport operators, which are particularly affected by the closure.
(6) The decision on the closure and, where appropriate, the detour must be notified immediately by the district fire protection inspection, published in an appropriate manner and the detour marked in the prescribed manner. The duration of the closure shall also be indicated. Where road closures are intended for the transport of particularly heavy or large objects, the competent national committee shall notify its decision to all regional national committees.
(7) In the event of a danger of delay (natural disasters, road accidents, collapse or damage to objects, etc.), the place at risk shall be immediately closed and marked in at least a provisional manner.
Special use of motorways, roads and local roads
(k § 8 of the Act)
(1) Special use of the motorway, road or local communication I, II or III shall be required. Such use shall in particular be:
(a) the transport of particularly heavy or large objects and the use of vehicles whose dimensions or weights exceed those laid down in specific regulations; *)
(b) placing of equipment or articles on a motorway, road or local communication of Class I or Class II, in particular sales, advertising or entertainment;
(c) the composition of any items on the motorway, road or local communication of Class I or Class II, unless they are to be immediately removed;
(d) the organisation of undertakings, the placing of goods and equipment (e.g. economic, cultural, entertainment, warehouses, stores, the use of loudspeakers) in the immediate vicinity of the motorway or road, where the operation or location of such goods or, where appropriate, the operational traffic caused by them could jeopardise the safety or continuity of road traffic;
(e) driving livestock herds by road or local communication of Class I or Class II;
(f) the carrying of strains or other objects likely to be damaged by road or local communication;
(g) the setting up of aerial and underground lines of all kinds, provided that their placing on road land is not permitted by special regulations.
(2) In the cases referred to in paragraph 1 (a), the authorisation shall be granted after the transport inspector has expressed his or her views and, at all times, in cooperation with the railway authorities, if authorised rail transport is affected,
(a) a regional national committee in whose territorial area the specific use begins when it comes to road traffic exceeding the territorial area of one district;
(b) in other cases, the authority to which the management of the communication concerned belongs pursuant to Article 4.
If the authorised transport of the overhead contact line of the electrified railway line or of the urban rolling line or of the trolleybus track, as the case may be, is still required by the carrier to request a permit for transport from the owner (user) of the facility.
(3) The application for authorisation referred to in paragraph 1 (a) must be submitted at least one week in advance and shall include:
(a) the purpose, scope and time of transport, whether it will be repeated, etc.,
(b) the design of the transport route;
(c) the type, type and registration number of the vehicles to be used, where applicable;
(d) data on the distance, number, pressure and wheelbase of the axles and tyre dimensions and the minimum rotation radius of the vehicle's external wheels;
(e) the marking (sketch) of the vehicle (s) with the location of the load and its dimensions.
(4) In particular, the authorisation referred to in paragraph 1 (a) may provide for the direction, mode and time of authorised transport, the speed of the journey, the accompanying of traffic inspectors' assistants and measures to ensure other operations, roads, bridges or railway crossings; a permit shall be kept by the driver.
(5) In the cases referred to in points (b) to (g) of paragraph 1, the authority to which the administration of the communication concerned belongs pursuant to Article 4 shall be authorised following the observations of the county transport inspector.
Construction status and nature of motorways, roads and local roads
(k § 9 of the Act)
(1) The construction status of motorways, roads or local roads means their quality, degree of wear and surface, longitudinal or transverse waves, numerous discharges which cannot be removed by normal maintenance, loading capacity of road, bridges and passes and communication equipment in terms of traffic safety (transport signs and equipment, safety and protective equipment, etc.).
(2) The nature of motorways, roads or local roads means their technical characteristics (transverse arrangement, transverse slope and width of the road, directional arches, longitudinal inclination and circling radii of the nivelet, road type, etc.) and the integration of communication into the terrain (view, altitude, etc.).
Protection of motorways, roads and local roads
(k § 10 of the Act)
Operators of production and construction sites and owners (users) of real estate in the vicinity of motorways, roads and local roads shall not jeopardise such communication and traffic on them, in particular:
(a) the extraction of timber and its launching on the slopes;
(b) the operation of saws and landfills;
(c) mining of stone, sand and clay;
(d) underground works;
(e) construction activities;
(f) agricultural activities;
(g) adjustments to watercourses and water interference.
Road protection zones
(to Article 11 of the Act)
(1) Road protection zones shall be established for all motorways, roads and local roads of Class I and Class II outside the territory built or intended for continuous installation; protection zones shall be established within that territory in accordance with specific rules. *)
(2) The boundaries of the territory built or intended for continuous construction are derived from the territorial plans; otherwise it shall determine this border according to the actual state of the continuous construction of the district national committee after consultation of the local national committee on roads and the local national committee on local communications. In doing so, the National Committee shall take into account whether continuous construction is equally far from both sides of the communication or whether it is limited in whole or in part to one side; construction gaps up to 200 m generally do not interrupt continuous installation.
(3) The following shall be prohibited in road protection zones:
(a) to carry out construction and construction works requiring decisions on the admissibility of the construction, to place other objects (e.g. auxiliary buildings, portable buildings and stands, portable or mobile equipment, folding fences);
(b) make modifications on objects built before the road protection zone is designated and intended for gradual removal, which may prolong their service life (duration);
(c) to make land-based adjustments which would raise the terrain level to more than 50 cm above the road level or reduce it by more than 50 cm below the road level;
(d) establish roads and entrances to neighbouring properties without permission;
(e) to operate in forests in a manner contrary to principles agreed in advance with the authority to which the management of the communication concerned belongs pursuant to Article 4;
(f) it is also prohibited to plant or replant trees or shrubs and to cultivate cultures such as by increasing their growth, taking into account the level of the terrain, in the vicinity of the level intersections of roads with other roads and runways and on the inner side of the arc of roads with a radius of 500 m or less.
(4) The restrictions referred to in the preceding paragraph shall not apply to parts of motorways, roads and local roads, stop signs, public transport stations and waiting rooms, fuel stations, telecommunications and power lines, public measurement and mapping points, and to buildings and equipment serving the defence of the State, provided that they are located in such a way that they do not impair the safety and continuity of road traffic and do not impede the maintenance of communications.
(5) Exceptions to the restrictions referred to in paragraph 3 shall be granted by the authority to which the management of the communication concerned belongs pursuant to Article 4. The exemption may be granted only in justified cases and in so far as general interests, in particular transport interests, are not jeopardised. When authorising road exemptions, care should also be taken to ensure that the continuously built part of the municipality does not expand by building roads, so that road connections and land entrances are concentrated and located so that the continuous transport is minimally interrupted (i.e. in clear areas and in the smallest number) by turning to and leaving the land; If there is a radius of 500 m or less around the level crossings or the area on the inner side of the arc, only the position of an object which does not impair the view (e.g. a pillar or a mast) may be permitted.
(6) When granting exemptions, provision may be made for the owner (user) to remove the construction, plant or vegetation of the road protection zone whenever necessary in the general interest, without any claim for compensation. The amount of compensation under Paragraph 11 (3) of the Act shall be fixed mutatis mutandis under the expropriation rules.
(7) Where it is an activity in a road protection zone for which authorisation (consent) is also required under specific rules, such authorisation (consent) may not be granted, except in the cases referred to in paragraph 4, without granting an exemption from the restrictions in force in the road protection zones.
Width of road protection zones
(to Article 11 of the Act)
(1) The border of road protection zones is determined by vertical surfaces on both sides of the road at a distance
(a) 100 m perpendicular to the axis of the adjacent motorway road;
(b) 25 m perpendicular to the centre of the road of Class I and Class II and to the local roads of Class I,
(c) 18 m perpendicular to the road axis of Class III roads;
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 136 / 1961 Coll., implementing the Road Act (Road Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.1961 |
|---|---|
| Effective from | 07.12.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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