Act No. 147 / 1949 Coll.
Law issuing certain regulations on public roads
Valid
Effective from 01.07.1949
147.
Law
of 11 May 1949
laying down certain provisions on public roads.
The National Assembly of the Czechoslovak Republic decided on the following Act:
State roads.
State roads are
(a) roads which, on 29 September 1938, were public, terrestrial or district roads or have been built or constructed after that date as such;
(b) roads which will be built after 30 June 1949 as national roads;
(c) vicinal road (s), determined in accordance with the Regulation of the Slovak National Council of 7 February 1946, No 9 Coll. SNR, on vicinal roads, and
(d) other public roads or roads, in the case of their sections, provided that they are needed, as decided by the Ministry of Technology, in agreement with national defence and transport ministries in order to achieve the link between the network of state roads.
Road components and accessories.
(1) If the law talks about roads, it also means their parts and accessories.
(2) Road components are all equipment and works which are mainly set up for road purposes and which are necessary for the completeness, protection and security of the road body or for the provision, facilitation, modification and protection of transport on them or for the treatment of water effluents. Part of the roads are on example bridges, ferries, forks, slopes of the road body, supporting, supporting and tiling walls, trenches and other drains, railings, reflectors, station stones, road signs, hanging fences and trees.
(3) Road accessories are all the equipment used or intended solely or principally for the construction, maintenance or maintenance of roads, unless they are part of the road and if they belong to the road owner (e.g. quarries, workshops, warehouses, garages, travel homes, vehicles, road machinery and tools), as well as the supplies of road materials belonging to the road owner.
Classification and classification of roads.
(1) State roads are divided into three classes according to the importance they have for transport.
(2) The Ministry of Technology classifies national roads in each class by means of a decree in the Official Journal, in agreement with the Ministry of National Defence and Transport and after hearing the relevant regional and regional national committees.
Taking over the roads.
(1) The State will take over the roads (§ 1), which are not yet owned and administered by the State, after the hearing of the existing owner, after the administrator, without compensation to the ownership, administration and maintenance of the date to be determined by the Ministry of Technology by a decree in the Official Journal. As regards road maintenance, the reservations arising from the provisions of Section 7 shall apply. If doubts arise on a case-by-case basis about the components or accessories of these roads, the Regional National Committee shall decide.
(2) Devices constituting road accessories which have been incorporated into a municipal undertaking or which can be operated more favourably in the form of a municipal undertaking shall be excluded from the takeover referred to in paragraph 1; However, the Regional National Committee may, where justified, provide that such equipment is to be taken over by the State.
Surrender roads to the village.
(1) The Ministry of Technology may exclude the roads (s) referred to in § 1 (a), (b) or (c), in the case of their sections, if they are not necessary for the efficient organisation of a network of state roads, after hearing the participating regional, district and local national committee, and surrender, if otherwise agreed, without compensation to the municipality in whose territory the road (road) or section is situated.
(2) The decision given in accordance with paragraph 1 shall be declared in the municipality in the usual manner.
Construction, administration and maintenance of roads.
(1) The State builds, manages and maintains national roads through regional and regional national committees. Detailed provisions on this competence of the national committees shall be laid down by regulation by the Minister of Technology in agreement with the Minister of Interior.
(2) Top road surveillance is for the Ministry of Technology.
Cost reimbursement.
The State shall bear the costs of the construction, administration and maintenance of national roads, provided that, in accordance with existing rules or arrangements, no other person is or will be obliged to maintain or contribute to the construction or maintenance of the road or to provide any compensation, in particular in view of the special treatment of the road, the greater extent or exceptional use of the road or for any other similar reason.
Staff.
(1) The county staff, in Slovakia, of the Vicinal Travel Fund, who will be employed exclusively in the administration and maintenance of roads on 31 December 1949 (§ 1) will be transferred to the State on 1 January 1950.
(2) The State may also take in its services in the necessary number of employees who are mainly employed in the management and maintenance of the roads referred to in Section 1.
(3) The employment and salary ratios of the employees recruited shall be adjusted accordingly in accordance with the principles of the Decree of 7 November 1930, No 163 Coll., on the taking-over and inclusion of employees of self-governing corporations. In deciding on the claims of these employees and their survivors on the resting (provision) salaries and on the measurement of these salaries, the period spent before taking over the public services under the regulations governing their former service relationship shall be assessed within the limits of the provisions of Paragraph 212 of the salary law.
(4) The personal office of the first stool for all employees of the State Road Administration shall be the Regional National Committee, which shall also decide in the first seat and take the measures referred to in paragraphs 1 and 3; the second seat shall be the competent Ministry of Technology. The decisions and measures referred to in paragraph 2 shall be taken by the Ministry of Technology in agreement with the Ministry of Interior and Finance after hearing the Regional and District National Committee.
Transitional provision.
In 1949, the costs of building, managing and maintaining taken-over district, municipal and vicinal roads (roads) shall be borne by their current maintenance holders without prejudice to the maintenance or contribution of other persons resulting from existing regulations or arrangements.
Implementing regulations.
The Government may, by regulation, lay down more detailed provisions for the implementation of this Act, in particular as regards the legal circumstances arising from the takeover of roads under § 4 and the takeover of employees under § 8. In so doing, the existing regulations, which have been issued for each type of road and do not conflict with this law, may adapt the classification of roads in accordance with § 3.
Final provisions.
(1) Validity is repealed where applicable.
(a) Sections 7 and 14 of Article I / 1890 on public roads and myths (municipal contributions to intermediate sections of national and regional roads);
(b) Government Decree of 30 April 1941, No. 174 Coll., on the taking over of the district roads by the Protectorate of Bohemia and Moravia into administration and maintenance,
(c) the Government Order of 12 January 1944, No 13 Coll., on the taking over of district travellers and travelers who are employed in the administration and maintenance of district roads taken over under Government Regulation No 174 / 1941 Coll., and
(d) Regulation No 9 / 1946 Coll. n. SNR.
(2) Where that law provides for certain legal ratios with effect from 1 January 1950, the validity shall be revoked on 31 December 1949, where the relevant provisions referred to in paragraph 1 are applicable.
The abolition of the Vicinal Travel Fund.
The Vicinal Travel Fund, established pursuant to Article 6 of Regulation No 9 / 1946 Coll. SNR, is hereby repealed on 31 December 1949; its assets are transferred to the State by that date.
Efficiency.
This Law shall take effect on 1 July 1949, unless otherwise specified. It shall be implemented by the Minister of Technology in agreement with the Home and Finance Ministers and with the other members of the Government involved.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr. Ing.
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Regulation Information
| Citation | Act No. 147 / 1949 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.06.1949 |
|---|---|
| Effective from | 01.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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