Act No 152 / 2011 Coll.
Act amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
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Effective from 01.07.2011
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152
THE LAW
of 28 April 2011
amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Act
Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 489 / 2001 Coll., Act No. 256 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 358 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 80 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 311 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 97 / 2009 Coll., Act No. 227 / 2009 Coll., and Act No. 347 / 2009 Coll., is amended as follows:
1. In Section 1, the introductory part of the provision reads: "This law implements the relevant provisions of the European Union1) and regulars'
2. footnote 1 shall read:
"(1) Directive 1999 / 62 / EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures. Directive 2006 / 38 / EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999 / 62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures. Directive 2004 / 54 / EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network. Directive 2004 / 52 / EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic toll collection systems in the Community. Directive 2008 / 96 / EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management. ';
3. In Article 7, the sentence "Modification or limitation of public access to special-purpose communications laid down by specific legislation21 'is added at the end of paragraph 1.
Footnote 21 reads as follows:
"21) For example, § 20 (1) (j) of Act No. 289 / 1995 Coll., on Forests and on the amendment and amendment of certain laws (Forest Act), § 16 (1) (d) and (f), § 26 (1) (c), § 26 (3) (c), § 29 (h) of Act No. 114 / 1992 Coll., on the conservation of nature and landscape."
4. in Articles 9 (2) and (3), 18e (m) and (n), 40 (1) and (2), 3 (c) and (d) and 4 (a) and 41 (1), the words "and connections" shall be deleted;
5. in Article 18e, point (g) is deleted;
Points (h) to (r) shall be renumbered as points (g) to (p).
6. The following fifth part is inserted after the fourth part, including the headings and footnotes No 22 to 24:
SAFETY OF LEVEL COMMUNICATIONS OF THE EUROPEAN STREET
Assessment of the construction and its documentation
(1) The person requesting the issue of a building permit or approval for the construction of infrastructure, which is included in the trans-European road network (22), is required to ensure that documentation is assessed in accordance with the specific rules on zoning and the rules of construction (5) and the construction itself in terms of ensuring road safety in the use of the construction ("infrastructure safety audit").
(2) The infrastructure safety audit referred to in paragraph 1 shall be subject to:
(a) the draft project documentation;
(b) draft project documentation,
(c) the construction carried out for the test operation; and
(d) completed construction for approval.
(3) The result of the infrastructure safety audit shall be a report which shall include, in particular, a summary description of the expected impacts of the construction, technical and operational characteristics of the infrastructure on road safety in use and proposals for the elimination or reduction of anticipated risks arising from the characteristics of the infrastructure for road users. The person referred to in paragraph 1 shall supplement the report by assessing whether and how he has complied with the proposals contained in the report and, in the case of proposals to which he has failed, shall state the reasons for not accepting them.
(4) The person referred to in paragraph 1 shall submit to the special construction office for an application for extradition:
(a) the building permit report and evaluation for the documentation proposals referred to in paragraph 2 (a). (a) and (b); and
(b) the approval of the approval procedure and the evaluation of the construction referred to in paragraph 2 (c) and (d).
(5) In the building permit for the construction of infrastructure referred to in paragraph 1, the special construction office shall deposit the conduct of the test operation in accordance with the specific rules on zoning and the rules of construction (5).
(6) The Special Construction Office shall, in the building procedure and in the procedure for the issue of approval for approval under the special rules on zoning and the rules of construction (5), verify that the report submitted and the evaluation referred to in paragraph 4 is complete and that the report has been processed by an authorised person.
(7) The audit process shall take into account in particular the impact of the surrounding infrastructure, the impact of the infrastructure components and accessories and its connection to other infrastructure and the impact of the nature of the operation on the infrastructure on the safety of traffic on that infrastructure. The minimum content of the infrastructure safety audit shall be laid down in implementing legislation.
Road Safety Auditor
(1) Only a natural person with a valid permit ("infrastructure safety auditor") may carry out an infrastructure safety audit and process a report on the outcome of an audit pursuant to Article 18g (3).
(2) The authorisation referred to in paragraph 1 shall be issued by the Ministry of Transport at the request of an applicant who is sound and has demonstrated competence to carry out an infrastructure safety audit.
(3) The Ministry of Transport will publish, and update regularly, a list of the names and surnames, the identity numbers of the person and the registered office or business address of the infrastructure safety auditors holding the valid certificate in a manner that allows remote access.
(4) A person who has been convicted of a criminal offence committed intentionally, whether alone or in connection with other offences, and has been subjected to an unconditional prison sentence of at least one year shall not be deemed to be righteous under paragraph 2.
(5) In order to establish whether the applicant is good, the Ministry of Transport shall, under the special legislature23, request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
Professional competence
(1) Professional competence is demonstrated by the applicant
(a) completion of a Bachelor's, Master's or Doctoral Study Programme (24) in the field of technical sciences and technology or completed by higher vocational education or secondary education with a graduate examination in the fields related to the audit of infrastructure safety;
(b) road safety practices in length
1. 3 years if he has completed a Bachelor's, Master's or doctoral study programme 24),
2. 4 years if he has completed a higher vocational education; or
3. 5 years if he graduated from secondary education with a graduate exam, and
(c) successful completion of the test.
(2) The examination shall include verification of the knowledge needed to carry out the audit to the extent provided for in Article 18g (7). The examination shall be taken by the applicant before a commission appointed by the Ministry of Transport. The Commission shall be at least three members and have an odd number of members. The chairman of the commission shall be an employee assigned to work in the Ministry of Transport. The Commission shall draw up a report on the outcome of the examination, which its chairman shall transmit without undue delay to the Ministry of Transport and shall notify the results of the examination to the applicant.
(3) Only an applicant who has received training to obtain the necessary knowledge, skills and procedures for carrying out an audit of road safety within the scope of Article 18g (7) may take the test.
(4) The implementing legislation sets out the scope, content and manner of carrying out the test, how to evaluate the test results, the scope and content of the training and the fields related to the road safety audit.
Obligations of the infrastructure safety auditor
(1) The infrastructure safety auditor shall not carry out an audit of the safety of the infrastructure for the construction of the infrastructure in which he has been involved, involved or intended to be involved in the preparation or implementation; or
(a) his relative in a direct line, a sibling, a husband or partner; or
(b) the person with whom he is
1. in a relationship as a partner, a member of the bodies of the company, a cooperative or as a participant in the association,
2. in a basic employment relationship; or
3. in a commercial or similar relationship and such a relationship could jeopardise the independence or impartiality of the infrastructure safety auditor.
(2) The infrastructure safety auditor is obliged to carry out the audit of infrastructure safety and the preparation of the report referred to in Article 18g (3) impartially and with due professional care.
(3) The infrastructure safety auditor is obliged to inform the Ministry of Transport that he has ceased to comply with the condition of integrity under Paragraph 18h (4), without undue delay after he has become aware of this fact.
(4) The infrastructure safety auditor shall be obliged to participate in regular training to maintain and deepen the necessary knowledge, skills and procedures for carrying out the infrastructure safety audit. Regular training shall be attended by the infrastructure safety auditor by the end of the third year from the date of:
(a) the issue of an authorisation pursuant to Paragraph 18h (1); or
(b) holding previous regular training.
(5) The scope and content of regular training are laid down in implementing legislation.
Withdrawal of the authorisation of the infrastructure safety auditor
(1) The Ministry of Transport shall withdraw the authorisation under Paragraph 18h (1) of the Road Safety Auditor, which:
(a) has ceased to be righteous;
(b) has repeatedly or grossly infringed obligations under Paragraph 18j (1) or (2);
(c) has not participated in regular training under Paragraph 18j (4); or
(d) request withdrawal.
(2) An infrastructure safety auditor to whom an authorisation has been withdrawn pursuant to paragraph 1 (b) may not apply for a new authorisation until 3 years after the date on which the decision to withdraw the authorisation was taken.
Accreditation to provide training
(1) The training provided for in Sections 18i (3) and 18j (4) may only be provided by a person who has been granted accreditation to carry out this activity by the Ministry of Transport.
(2) The Ministry of Transport shall grant the accreditation to the person who provides evidence that:
(a) has a training plan to define the organisation, scope and manner of training, including supervision;
(b) training will be provided by qualified persons who have completed their education under Article 18i (2) (a) and 5 years of experience in the field of road safety assessment;
(c) have the right to use the non-residential premises and equipment necessary for providing training; and
(d) pay the Ministry of Transport an administrative fee.
(3) A person who has been accredited to provide training shall be required to:
(a) provide training according to the plan established;
(b) provide training by competent persons; and
(c) have the right to use and keep at the disposal of non-residential premises and equipment necessary for the provision of training throughout their activities.
(4) The Ministry of Transport shall withdraw accreditation for the provision of training to a person who has repeatedly or grossly infringed the obligations laid down in paragraph 3.
(5) The Ministry of Transport shall publish a list of names and surnames, business companies or names, identity numbers of the person and offices or places of business of the persons to whom it has granted accreditation in a way that allows remote access and shall update it regularly.
Infrastructure inspection
(1) The owner of the infrastructure referred to in Paragraph 18g (1), the section of which is included in the central infrastructure register referred to in Article 29a (1) (e), shall ensure, without undue delay, that the section is inspected. The inspection shall focus on the impact assessment, in particular, of the construction, technical and operational characteristics of the infrastructure on infrastructure safety.
(2) The inspection must be carried out by a group of at least 3 natural persons, at least one of whom must be an infrastructure safety auditor.
(3) Paragraph 18j (1) and (2) shall apply mutatis mutandis to the activities of the infrastructure safety auditor in carrying out the inspection.
(4) Upon completion of the inspection, the infrastructure safety auditor shall prepare a report on the results of the inspection including, in particular, a description of the identified risks and proposals for corrective measures, including the sequence of their implementation. When preparing the report, the infrastructure safety auditor shall take into account the content of previous reports on the results of the inspections of the infrastructure section concerned, if any, and the data on the traffic accidents on the infrastructure section concerned. Before processing the report, the infrastructure safety auditor shall discuss its content with the owner of the infrastructure concerned.
(5) The report on the results of the inspection shall be transmitted by the infrastructure safety auditor to the owner of the infrastructure concerned.
(6) In the management of the infrastructure referred to in Article 9 (4), the owner shall ensure that the corrective measures referred to in the report are implemented where technically possible and economically feasible in ensuring proper management of the infrastructure network owned by it and its planned development. The provisions of the specific legislationare not concerned by this (3).
22) Decision No 1692 / 96 / EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network. Point F of Part 8 of Annex II to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
23) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended.
24) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. '
Parts five to eight shall be renumbered as parts six to nine.
7. footnote 9 reads:
"9) Act No. 565 / 1990 Coll., on Local Charges, as amended. § 20 paragraph 1 (j) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act). § 16 (1) (d) and (f), § 26 (1) (c), § 26 (3) (c), § 29 (h) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape. '
8. in Articles 20 (4) and 21c (6), the words "State budget" are replaced by the words "State Fund for Transport Infrastructure."
9. in Paragraph 20a (1) (a) (3), "to 3" is replaced by "and 2."
10. in Article 20a (1), the following points (f) and (g) are inserted after point (e), including footnotes 25 and 26:
"(f) municipal or urban police with the inscription" GENERAL POLICE "or" CITY POLICE "25),
g) Prison services of the Czech Republic with special colour design and marking according to special legislation26),
25) Decree No. 418 / 2008 Coll., implementing the Law on Municipal Police.
26) Decree No. 89 / 2004 Coll., laying down the external designation of a member of the Prison Service of the Czech Republic, the special colour and marking of service vehicles and the demonstration of belonging to the Prison Service of the Czech Republic, as amended. "
Points (f) to (j) shall be renumbered as points (h) to (l).
11. in Paragraph 20a (1) (j), including footnote 11 (c),
"(j) in the execution of rescue and disposal work and in the protection of the population 11c),
11c) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended. '
12. in Article 22 (2), the words "of the type of vehicle" shall be inserted after the words "of the emission class of the vehicle,"
13. In Article 22b, at the end of paragraph 5, the sentence "Uncalled bail is the income of the State Fund for Transport Infrastructure."
14. in Article 25 (7) (b), the words "or otherwise interfere with the operation of the infrastructure" shall be inserted after the word "communication."
15. in Paragraph 25, paragraphs 14 and 15 are added:
"(14) Where a police escort is required under the special conditions of use referred to in paragraph 6 (a) to ensure the safety or fluidity of road traffic, the person at whose request the authorisation has been issued shall be required to pay the costs associated with this related to the Police of the Czech Republic.
(15) The implementing act shall fix the amount of compensation for the provision of a police escort. ';
16. In Paragraph 29a, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) information on road sections included in the trans-European road network (22), which have been in service for more than 3 years, with a high number of road accidents involving the death of a person in proportion to the intensity of road traffic; and
(e) information on the infrastructure sections included in the trans-European road network (22), where the elimination or reduction of the risks arising from the characteristics of the infrastructure for road users would lead to a significant reduction in the costs incurred as a result of road accidents, taking into account the costs of eliminating or reducing these risks. ';
17. in Article 29a, the following paragraph 2 is inserted after paragraph 1:
"(2) The information referred to in paragraph 1 (d) and (e) shall be evaluated and updated at least every 3 years.";
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
18. in Article 29a (4), "information" is replaced by "data."
19. in Article 29a (8), "information" is replaced by "data."
20. The heading of Part Seven shall read: "PROTECTION OF OVERVIEW COMMUNICATIONS AND THEIR SURVEILLANCE."
21. In Paragraph 30 (3) (a), at the end of the text, the word "buildings" is replaced by the word "buildings" and the text "distinct owners who have been assigned a descriptive or registration number and which are registered in the real estate register 27) is added."
Footnote 27 reads:
"27) § 2 (1) (b) (1) of Act No 344 / 1992 Coll. '.
22. in Article 30 (3) (b), the words "buildings," "buildings" shall be replaced throughout the text.
23. in Paragraph 31 (1) (c):
"(c) the competent authority of the Police of the Czech Republic, if it is a road protection zone, with the exception of express communication, and local communication."
24. In Article 38 (1), the words "together with the road land on which the replacement infrastructure is located," shall be inserted after the words "free of charge."
25. in 38a, the following paragraph 9 is added:
"(9) The consignor shall not indicate in the documents which he has issued to the consignment transported less than the actual weight of the consignment. '
26. in Article 38d, paragraph 2 is deleted;
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
27. in Paragraph 40 (7), points (b) and (e) are deleted;
Points (c) and (d) shall be renumbered (b) and (c).
28. In Paragraph 40, the sentence "The competent customs office which first identified the offence is responsible for dealing with the offences referred to in Paragraph 42a (3) shall be added at the end of paragraph 8. '.
29. in Article 42a (4), the word "or" shall be deleted at the end of the text of point (e), the comma shall be replaced by a dot and point (f) shall be deleted;
30. in § 42a (7) (d):
"(d) up to 100 000 CZK if the offence referred to in paragraph 1 (m) and paragraphs 2 and 3,"
31. in Article 42a (7) (e), the words "and paragraph 4 (f)" shall be deleted;
32. in Paragraph 42a, paragraph 8 is deleted;
33.In Article 42b (1), the dot is replaced by a comma at the end of paragraph 1 and the following point (u) is added:
"(u) as consignor of the consignment, issue to the consignment transported a document indicating the weight of the consignment less than its actual weight if the vehicle transporting the consignment exceeds the values laid down in the special legislation10 at low-speed or high-speed control weighing, except for exceeding the maximum authorised dimensions of vehicles and combination vehicles.";
34. in § 42b (5) (a), "and (s)" shall be replaced by "(s) and (u)."
35. in Paragraph 42b, paragraph 6 is deleted;
36. in Paragraph 43 (2), the words "with the exception of an administrative offence referred to in Article 42b (1) (r), where the determination of the area of the fine is laid down in a specific law" shall be deleted;
37. In Paragraph 43, the following paragraph 9 is added:
"(9) Except in the case of exceeding the maximum authorised dimensions of vehicles and combinations, the driver of the vehicle shall not be responsible for the offence referred to in Article 42a (4) (c) and (e), provided that he can prove that the consignor or the vehicle operator has issued him with a document indicating the weight of the consignment below its actual weight for the consignment to be transported and was unable to check the weight of the consignment when the consignment is taken over. ';
38. The following Sections 43a to 43c are inserted after Section 43:
Crediting
(1) The customs officer is entitled to deposit from CZK 5,000 to CZK 50,000 from the driver of the motor vehicle
(a) which is suspected of committing an offence referred to in § 42a (2) to (4) and where there is a reasonable suspicion that it will avoid an infringement procedure;
(b) where a fine has been imposed in block proceedings for an offence referred to in Article 42a (2) to (4) and where it is reasonable to suspect that it will not pay the fine imposed; or
(c) where the operator of this vehicle is suspected of committing an administrative offence referred to in § 42b (2) (a) to (e) and is reasonably suspected of avoiding administrative proceedings.
(2) A police officer is entitled to collect bail from a driver of a motor vehicle who is suspected of committing an offence referred to in § 42a (2) and (4) and who is reasonably suspected of avoiding infringement proceedings.
(3) Bail cannot be collected from a person enjoying immunity and privileges under law or international law.
(4) When selecting bail, a policeman or customs officer shall instruct the driver of the result of the deposit and the conditions for its return and issue a written confirmation of the deposit. The written confirmation shall state the reason for deposit, the amount of the deposit and the office responsible for conducting the infringement or administrative offence proceedings.
(5) One copy of the proof of deposit shall be issued by a policeman or customs officer to the driver, and one copy delivered in the case referred to in paragraph 1 (b). (c) without undue delay, the vehicle operator shall keep a copy for the registration purposes of the Police of the Czech Republic or the Customs Administration.
(6) In the event that a police officer has chosen bail, the police of the Czech Republic shall forward one copy of the confirmation of the receipt of the bail to the office responsible for conducting the infringement or administrative offence and transfer the deposit collected no later than the following working day to the bank account of that office. In the event that the customs office of departure has chosen the bail and the competent customs office is not competent to conduct the infringement or administrative offence proceedings, the customs administration shall forward a copy of the acknowledgement of receipt to the office responsible for conducting the infringement or administrative offence and transfer the deposit collected no later than the following working day to the bank account of that office.
Repayment and forfeiture
(1) Bail shall be repaid in full if:
(a) the case has been postponed, the infringement procedure has been terminated or no fine has been imposed in the infringement proceedings in the event of the deposit being collected pursuant to Article 43a (1) (a);
(b) the fine imposed in the block proceedings in the event of the deposit referred to in Article 43a (1) (b) has been paid; or
(c) no penalty has been imposed on the vehicle operator in the administrative proceedings in the event of a deposit under Paragraph 43a (1) (c).
(2) Where a fine is imposed in an infringement or administrative offence, the bail collected shall be credited to pay the fine imposed and the costs of the proceedings. Such offsetting shall be indicated in the operative part of the decision imposing penalties for an offence or administrative offence. The payment of the penalty may be charged only after the decision to impose a fine on an offence or administrative offence has become final. If the deposit is higher than the fine imposed, the driver shall be reimbursed the portion of the deposit remaining after the deposit has been set off to pay the fine imposed.
(3) Bail or the remainder of the bond referred to in paragraphs 1 and 2 shall be returned within 5 working days of the date on which the decision on an infringement or administrative offence or the date on which the fine imposed in block proceedings is paid.
(4) Bail will be forfeited if the fine imposed in the block proceedings is not paid within the period of its maturity.
(5) The forfeited bail is the revenue of the budget from which the office responsible for conducting infringement or administrative misconduct is covered.
(6) The bail referred to in Article 43a (1) and (2) may also be lodged with the office responsible for conducting the infringement or administrative misconduct where the driver has not lodged the bail pursuant to Article 43a (1) and (2) and the customs officer or officer has acted in accordance with Article 43c. Paragraphs 1 to 5 and Article 43a (3) to (5) shall apply mutatis mutandis.
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Regulation Information
| Citation | Act No. 152 / 2011 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.2011 |
|---|---|
| Effective from | 01.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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