Act No. 150 / 2023 Coll.
Act amending Act No. 361 / 2000 Coll., on Traffic on the Road and on Amendments to Certain Laws (Road Traffic Act), as amended, and Act No. 220 / 2021 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service and on the Amendment to Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Act, as amended and Act No. 359 / 1999 Coll., Act No. 359 / 1999 Coll., on Social Protection of Children (Law on Probation and Media Services)
Valid
Law
Effective from 01.07.2023
150
THE LAW
of 10 May 2023
amending Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended, and Act No. 220 / 2021 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 40 / 2009 Coll., the Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service and on the Amendment to Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Act as amended and Act No. 359 / 1999 Coll., on Social Protection of Children (Act on Probation and Media Service), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Traffic Act
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011,
1. The following Sections 102a to 102c are inserted after Section 102:
Therapeutic programme
The Centre for Transport Research, v. v. i. ("Methodic Centre ') provides the organisation of therapeutic programmes. The management body of the Methodic Centre is the Ministry.
Methodological centre
Methodological centre
(a) grant accreditation to instructors;
(b) provide initial teacher education.
Lecturer
(1) The Methodology Centre shall grant the accreditation of a tutor to a natural person who:
(a) have obtained higher education by studying in the Master's study programme;
(b) have successfully completed a qualification course for the instructors completed by the examination and organised by the Methodic Centre or a public university in cooperation with the Methodology Centre at its own expense; and
(c) demonstrate at least 3 years of therapeutic practice or the completion of accredited psychotherapeutic training.
(2) Details of the content and conduct of the qualification course for teachers and examinations and the requirements for accredited psychotherapeutic training, the completion of which can be demonstrated by compliance with the condition laid down in paragraph 1 (c), shall be laid down in the implementing legislation. ';
2. in Paragraph 102a, the following paragraph 1 is added:
"(1) The therapeutic programme is a social training programme intended in particular for persons who have lost their driving licence under § 94a. The completion of a therapeutic programme is a condition for the return of a driving licence in the cases referred to in Section 102 (5). The completion of the therapeutic programme may be further ordered by the prosecutor or the court under special legislation. '
The current text becomes paragraph 2.
3. In Section 102a, paragraphs 3 to 5 are added:
"(3) The therapeutic programme consists of group therapy conducted by a lecturer to whom accreditation has been granted under Paragraph 102c (1). The content of the therapeutic programme is an analysis of topics aimed at risk negotiations in transport and their prevention, rights and obligations of road users and road traffic rules and their compliance. The therapeutic programme is divided into 5 parts, each of which lasts 4 hours. Further details on the content and implementation of the therapeutic programme and the number of participants in the therapeutic programme shall be laid down in implementing legislation.
(4) The condition for participation in a therapeutic programme shall be the payment of a remuneration, the amount of which shall be laid down in the implementing legislation. The payment is the receipt of the Methodic Center.
(5) Proof of completion of the therapeutic programme is a certificate the model of which is laid down in the implementing legislation. "
4.§ 102b, including the title reads:
Methodological centre
(1) The Methodology Centre provides financing for therapeutic programmes. For each therapeutic programme carried out, the instructor shall provide a flat-rate amount for the reimbursement of costs, including all costs associated with the implementation of the therapeutic programme and the fee of the instructor. The standard amount of the reimbursement of costs and details of its provision shall be laid down in the implementing legislation.
(2) Methodology centre
(a) grant and withdraw accreditation to instructors;
(b) provide initial and continuous training for the lecturer;
(c) issue a certificate;
(d) carry out checks on the implementation of therapeutic programmes;
(e) ensure the methodological management of therapeutic programmes.
(3) The Methodology Centre ensures the availability of therapeutic programmes.
(4) If the therapeutic programme cannot be completed within the scheduled time limit due to an obstacle on the part of the instructor, at the request of one of its participants, the Methodology Centre shall determine another tutor who shall complete the therapeutic programme without undue delay. In determining the instructor, the Methodology Centre shall take into account the territorial availability of the therapeutic programme for its participants and the capacity of the tutor. ';
5. In Paragraph 102c, paragraphs 3 to 5 are added:
"(3) The lecturer to whom accreditation has been granted in accordance with paragraph 1 shall be required, at his own expense, to keep up with the course organised by the Methodic Centre. The scope and content of continuous training shall be laid down in implementing legislation. The lecturer is required to provide evidence on 31 January of the calendar year of completion of compulsory education in the previous calendar year; This does not apply if he has been granted accreditation in the previous calendar year.
(4) The Methodology Centre shall withdraw accreditation from a tutor who does not comply with the obligation of continuous training referred to in paragraph 3. Accreditation may be requested again after continuing education.
(5) When conducting a therapeutic programme, the instructor is obliged to follow the methodology of the therapeutic programme published by the Methodic Centre and published through the information web portal. "
6. The following Sections 102d and 102e are inserted after Section 102c, including the headings:
Internet Information Portal
(1) The Internet Information Portal is a public administration information system through which the organisation of therapeutic programmes is provided. The Methodic Centre is the administrator of the Internet Information Portal. Part of the Internet Information Portal
(a) the register of participants in the therapeutic programme (hereinafter referred to as "the register of participants");
(b) a list of accredited instructors;
(c) the database of therapeutic programmes;
(d) a portal for logging into therapeutic programmes.
(2) The registry of participants contains structured data on participants in the therapeutic programme to the extent that:
(a) name and surname;
(b) the address of the place of stay;
(c) date of birth;
(d) the reason for participating in the therapeutic programme;
(e) a record of participation in the therapeutic programme, including an indication of its completion;
(f) the certificate in electronic form.
(3) The list of accredited lecturers shall include the name and surname, date of birth and address of the place of residence, as well as details of the instructor's entry and continuous education, the list of therapeutic programmes carried out and the address of their holding.
(4) Data on planned and ongoing therapeutic programmes shall be kept in the database of therapeutic programmes. The performance of the therapeutic programme is announced and published by the tutor through the database of therapeutic programmes.
(5) A person intending to participate in a therapeutic programme is enrolled in a therapeutic programme through a portal for subscriptions to therapeutic programmes. If they do not do so, it will be registered by the tutor no later than before the start of the therapeutic programme through the log-in portal; to that end, the instructor shall verify the identity of that person.
(6) The content of the information web portal is accessible in a way that allows remote access
(a) municipal authorities with extended jurisdiction, law enforcement authorities and the Probation and Mediation Service;
(b) to the participant in the therapeutic programme, to the extent that it is kept;
(c) to the lecturer, within the scope of the data on him and the data on the participants in his or her therapeutic programme;
(d) to the public within the scope of the therapeutic programme database.
(7) The data editor in the register of participants referred to in paragraph 2 and in the list of accredited lecturers referred to in paragraph 3 shall be the Methodic Centre. Data shall be stored in the information web portal for 10 years. The data editor in the therapeutic programme database is the tutor who announced the therapeutic programme.
Monitoring of the implementation of therapeutic programmes
(1) The Methodology Centre checks the activity of lecturers in carrying out therapeutic programmes. In particular, it shall check compliance of the implementation of the therapeutic programme with the data reported in the therapeutic programme database and compliance with the requirements for the scope, content and management of the therapeutic programme. Furthermore, the Methodology Centre assesses whether the therapeutic programme is conducted professionally and corresponds to the therapeutic programme methodology.
(2) If the Methodology Centre ascertains weaknesses in the implementation of the therapeutic programme, it shall impose corrective measures to be taken without undue delay or within a time limit set by the Methodology Centre.
(3) The Methodology Centre may withdraw accreditation from a tutor who does not make amends in accordance with paragraph 2. Accreditation may be reapplied for at least 2 years after its withdrawal.
(4) The Methodic Centre shall follow the rules of control when checking the activity of the lecturer in carrying out therapeutic programmes. ';
7. In Article 137 (2), the words "Paragraph 102c (2) 'are inserted after the words" Paragraph 92 (8)'.
8. in § 137 (2), the text "§ 102c (2)" is replaced by "§ 102a (3) to (5), § 102b (1), § 102c (2) and (3)."
Transitional provisions
1. Where a natural person applies for the accreditation of a tutor who, during the period from 1 July 2018 to 30 June 2023, has carried out a programme intended for persons who have committed a criminal offence in connection with motor vehicle management, a qualification course for teachers under Section 102c (1) (b) of Act No. 361 / 2000 Coll., as effective from 1 July 2023, is not required; The condition of successful passing of the test is not affected.
2. Where a natural person has applied for the accreditation of a tutor who has received a qualification course for lecturer in the period from 1 January 2015 to 30 June 2023 to conduct programmes intended for persons who have committed an unlawful act in connection with the management of motor vehicles, completed the examination and organised by the Centre for Transport Research, v. v. i., or by a public university in cooperation with the Centre for Transport Research, v. v. i., in the range of at least 150 hours, the completion of the qualification course for lectors or the composition of the examination provided for in Section 102c (1) (b) of Act No. 361 / 2000 Coll., as effective from 1 July 2023, shall not be required.
3. For the return of a driving licence which the applicant has withdrawn in connection with an act committed before 1 July 2023, the completion of a therapeutic programme shall not be required.
Amendment to Act No. 220 / 2021 Coll.
Act No. 220 / 2021 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service and on Amendment to Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 359 / 1999 Coll., on Social and Legal Protection of Children (Law on Probation and Mediation Service), as amended, and some other laws are amended as follows:
1. In Part Seven, Article VIII, points 9 and 15 are deleted.
2. In point (b) of the 14th paragraph of Article XV, "points 8, 9 and 15 'are replaced by" point 8' and "1 July 2023 'is replaced by" 1 April 2024'.
3. In Part 14 of Article XV, paragraph 2 is deleted.
EFFECTIVE
This Act shall take effect on 1 July 2023, with the exception of the provisions of Article III, which shall take effect on 30 June 2023, and points 2 to 6 and 8 of Article I and point 3 of Article II, which shall take effect on 1 April 2024.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 150 / 2023 Coll., amending Act No. 361 / 2000 Coll., on Road Traffic and on Amendments to Certain Laws (Road Traffic Act), as amended, and Act No. 220 / 2021 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 257 / 2000 Coll., on Probation and Mediation Service, as amended, Act No. 65 / 1965 Coll., Act Act No. 359 / 1999 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 365
The regulation text is for informational purposes only.
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