Act No. 184 / 2023 Coll.
Act amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
Valid
Law
Effective from 01.01.2024
184
THE LAW
of 31 May 2023
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. 20 / 01, Act No. 20 / 01, Act No. 13 / 1997 Coll., Act No. 13 / 1997 Coll., Act No. 13 / 1997 Coll., Act No. 25 / 2002 Coll., Act No. 20 / 2000 Coll., Act No. 20 / 2000 Coll., Act No. 20 / 2000 Coll., Act No. 20 / 2000 Coll., Act No. 20 / 2004 Coll., Act No. 80 / 2006 Coll., Act No. 18 / 2012 Coll., Act No. 119 / 2012 Coll., Act No. 40 / 2011 Coll.
1. The following Section 9a is inserted after Section 9, including the title:
Road and Motorway Directorate
(1) The right to manage the motorways and roads of Class I and their components and accessories has the Directorate of Road and Motorways p.
(2) The Directorate of Road and Motorways s. p. ensures the construction of first-class motorways and roads and their components and accessories, is the administrator of first-class motorways and roads and carries out other activities entrusted to it by the Charter.
(3) The State guarantees the debts of the Road and Motorways Directorate. If the debt arising in connection with a loan or with cash provided temporarily in another form to cover the costs of the construction of first-class motorways or roads or their components or accessories, the State shall be liable only if the special law so provides. The State represents the Ministry of Transport as guarantor.
(4) If the Road and Motorway Directorate (s) is compulsory in the execution procedure, it shall not be subject to a prohibition on the disposal of property after notification of the start of execution under the execution rules. The prohibition on the transfer or encumbrance of property affected by the execution order or otherwise treated with it is not affected.
(5) The Road and Motorway Directorate (s) will establish and maintain an internal control system under the Financial Control Act.
(6) The first-class motorways and roads and their components and accessories are not deducted under the accounting legislation.
(7) The Director of the Road and Motorways Directorate, p., is designated as the Managing Director. '
2. In Article 17, the following paragraph 4 is added:
"(4) Where the lease of land or buildings necessary for the construction, repair, modification, maintenance, modernisation or reconstruction of the motorway, the first-class road, its components, accessories or buildings related thereto is negotiated, the rent may not exceed the maximum possible amount resulting from price regulation laid down and issued under the Public Infrastructure Land Price Law used in the public interest, if applicable, but not exceed the normal price; This also applies if the lease of the land on which the motorway, first class road, its components, accessories or buildings are set up is agreed. ';
3. Paragraph 25 (10) and (11) read:
"(10) The road administration office of the infrastructure owner or its administrator, where the performance of its administration is provided through the administrator, shall, at his request, communicate whether the advertising equipment on the motorway, road or local communication or on the road auxiliary land is set up and operated on the basis of a specific use permit. Where advertising equipment is set up or operated on a motorway, road or local communication or on a road auxiliary parcel without authorisation for specific use, the owner of the infrastructure or its administrator, if the performance of its management is provided through the AIFM, shall be obliged to remove and store the advertising equipment at the expense of its owner in a suitable place. The removal of advertising equipment will be carried out regardless of whether the advertising equipment has been authorised by the construction authority (5).
(11) The owner or infrastructure manager who removed the advertising equipment in accordance with the procedure referred to in paragraph 10 shall, for a period of 3 months, publish for a period of 3 months, in a manner that allows remote access, the identification of the advertising equipment and the information on where and how the advertising equipment may be collected by its owner. Advertising equipment may be issued to its owner only after the cost of removal and storage of advertising equipment has been paid. If the advertising equipment is not issued to its owner within 3 months of the date of publication of the information referred to in the first sentence, the owner or infrastructure manager who removed the advertising equipment shall be entitled to dispose of the advertising equipment at the expense of the owner. ';
4. Paragraph 31 (9) and (10) read:
"(9) Where, in the road protection zone, advertising equipment is established or operated in breach of paragraph 1 without authorisation, the Road Administration shall, as soon as it has become aware of this, invite the owner of the infrastructure in whose protection zone the advertising equipment is set up or operated, or its administrator, if the performance of its administration is ensured through the administrator, to remove the advertising equipment, and the owner of the property on which the advertising equipment is set up or operated, to provide synergies in accordance with paragraph 12. The road administration office shall not call upon the infrastructure owner or its administrator if it is simultaneously the owner of the property on which the advertising equipment is set up or operated; in such a case, the road administration office shall inform the owner or infrastructure manager, at his request, whether the advertising equipment is set up and operated on the basis of the authorisation referred to in paragraph 1.
(10) Advertising equipment set up or operated in the protection zone of infrastructure in breach of paragraph 1 without authorisation by the owner of the infrastructure or its administrator, where the performance of its management is ensured through the AIFM, shall at the expense of the owner be removed and stored in an appropriate place. Removing the advertising equipment will be carried out regardless of whether the advertising equipment was authorised by the construction authority (5). '
5. In Paragraph 31, the following paragraph 11 is inserted after paragraph 10:
"(11) The owner or infrastructure manager who removed the advertising equipment in accordance with the procedure referred to in paragraph 10 shall, for a period of 3 months, publish for a period of 3 months, in a manner that allows remote access, the identification of the advertising equipment and the information on where and how the advertising equipment may be collected by its owner. Advertising equipment may be issued to its owner only after the cost of removal and storage of advertising equipment has been paid. If the advertising equipment is not issued to its owner within 3 months of the date of publication of the information referred to in the first sentence, the owner or infrastructure manager who removed the advertising equipment shall be entitled to dispose of the advertising equipment at the expense of the owner. ';
Paragraph 11 shall become paragraph 12.
6. In the first sentence of Paragraph 31 (12), the words "concealing advertising and for the purposes of 'and' and disposal 'shall be deleted.
7. in Article 42a (1) (c), the words "or as owner of an advertising facility operated without authorisation in accordance with Article 25 (1) shall not be heard in breach of Article 25 (10) of the call for its removal," shall be deleted.
8. in Article 42a (1) (d):
"(d) in contravention of Section 25, it establishes or operates advertising equipment on a motorway, road or local communication or on a road ancillary parcel without authorisation for specific use or does not comply with the conditions of that authorisation;"
9. in Article 42b (1) (c), the words "or as the owner of an advertising facility operated without a permit pursuant to Article 25 (1) shall not be heard in breach of Article 25 (10) of the call for its removal," shall be deleted.
10. in § 42b (1) (d):
"(d) in contravention of Section 25, it establishes or operates advertising equipment on a motorway, road or local communication or on a road ancillary parcel without authorisation for specific use or does not comply with the conditions of that authorisation;"
Transitional provisions
1. The legal form and name of the state contribution organization of the Directorate of Road and Motorways of the Czech Republic is changed as of 1 January 2024 to the state enterprise of the Directorate of Road and Motorways s. p. the competence of the state contribution organisation of the Directorate of Road and Motorways of the Czech Republic to manage the property of the State on 1 January 2024 to the right of the Directorate of Road and Motorways s. p. to manage the property.
2. Director General of the Directorate of Road and Motorways of the Czech Republic by 31 December 2023 at the latest
a) issue, with the agreement of the relevant trade union bodies operating in the Directorate of Road and Motorways of the Czech Republic, an electoral order for the selection and removal of employees' representatives on the Supervisory Board of the Directorate of Road and Motorways, p. a
(b) ensure, in cooperation with these trade union bodies and in accordance with the electoral rules issued, the election of employees' representatives on the Supervisory Board of the Road and Motorway Directorate, p.
3. Director General of the Road and Motorway Directorate of the Czech Republic becomes Director General of the Road and Motorway Directorate, p.
4. The Ministry of Transport shall issue by 31 December 2023 at the latest the instruments of incorporation of the Directorate of Road and Motorways, p. Data relating to the amount of common assets and the minimum amount which the State enterprise is obliged to maintain, the valuation of the assets of the state enterprise and the amount of the reserve fund and its minimum amount shall be determined on the basis of sound financial statements drawn up on 31 December 2022 by the state contribution organisation of the Directorate of Road and Motorways of the Czech Republic and certified by the auditor.
5. The Ministry of Transport shall submit an application for registration in the Commercial Register of the Road and Motorway Directorate by 1 January 2024 at the latest. The application for registration in the Commercial Register shall also be accompanied by the instruments of incorporation and the accounts referred to in point 4 in addition to the annexes under the Public Register Act.
6. The Ministry of Transport shall amend the instrument of incorporation in such a way that the information referred to in point 4 is established on the basis of its approved sound financial statements prepared on 31 December 2023 and verified by the auditor. By 30 June 2024 at the latest, the Ministry of Transport shall publish the accounts and the amended instrument of incorporation by depositing it in a collection of commercial register documents and submit a proposal to register changes in the commercial register.
7. Managers of information systems of public administration, in which data are kept on the Road and Motorway Directorate of the Czech Republic, will make changes to its name and legal form on 1 January 2024.
8. The Directorate of Road and Motorways, p., shall, without undue delay, submit to the relevant cadastral office a proposal for the registration of amendments in accordance with point 1. The annex to the proposal is a declaration containing the identification of the immovable property and the rights for which registration is to be made.
Amendment of the Act on the State Fund for Transport Infrastructure
Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended by Act No. 482 / 2004 Coll., Act No. 179 / 2005 Coll., Act No. 80 / 2006 Coll., Act No. 152 / 2011 Coll., Act No. 196 / 2012 Coll., Act No. 239 / 2012 Coll., Act No. 250 / 2014 Coll., Act No. 129 / 2016 Coll., Act No. 308 / 2018 Coll., Act No. 227 / 2019 Coll., Act No. 190 / 2021 Coll., Act No. 261 / 2021 Coll., is amended as follows:
1. in Article 3 (3) (i), the word "period" shall be replaced by "period."
2. In Article 3, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The Fund enters into a contract with the Road and Motorway Directorate for a period of 3 years, the subject of which, pursuant to Article 2 (1), is to finance or pre-finance the activities of the Road and Motorway Directorate to the extent specified by the Ministry by the Decree; the contract shall contain at least:
(a) the definition and scope of the activities to be financed;
(b) the way in which the amount and structure of the funds provided and the way in which the funds are provided are defined by the Road and Motorway Directorate, p., for the duration of the contract;
(c) qualitative requirements for the implementation of the activities financed, the criteria for their evaluation and the consequences of non-compliance;
(d) arrangements to promote cost reduction at the Road and Motorway Directorate in the performance of financed activities;
(e) the definition of the data provided by the Road and Motorway Directorate of the Fund, the manner and frequency of their provision;
(f) adaptation of emergency procedures relating to financed activities;
(g) modification of the non-compliance procedure by a Contracting Party, including corrective actions;
(h) the arrangements for the termination of the contract, including the reasons for the termination and the period of notice; and
(i) the period of validity.
(6) The amount of the funds provided under paragraph 5 shall be determined in the light of the scope and parameters of the transport infrastructure with which the Road and Motorway Directorate (s) is entitled to manage, the amount of the costs incurred for the activities financed in the previous period and the reasonable profit of the Road and Motorway Directorate (s). The method of calculating the amount of funding provided shall be determined by the Ministry by decree. ';
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
Amendment of the budgetary rules
In Article 3 (h) of Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended by Act No. 26 / 2008 Coll., Act No. 501 / 2012 Coll., Act No. 25 / 2015 Coll., Act No. 128 / 2016 Coll., Act No. 59 / 2017 Coll., Act No. 367 / 2019 Coll., Act No. 214 / 2020 Coll., Act No. 484 / 2020 Coll. and Act No. 251 / 2021 Coll., at the end of the text in point 10, the words "and accounts of the Directorate of Road and Motorways p. 'are added.
EFFECTIVE
This Act shall enter into force on 1 January 2024, with the exception of Article II (2), (4), (5) and (7), which shall take effect on 1 July 2023.
z. Kovářová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 184 / 2023 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 286
Public Contracts 5
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