Act No. 196 / 2012 Coll.
Act amending Act No. 13 / 1997 Coll., on Road, as amended, and certain other laws
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Effective from 01.09.2012
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01.09.2012
13.06.2012
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196
THE LAW
of 4 May 2012
amending Act No. 13 / 1997 Coll., on road transport, as amended, and certain other 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. 18 / 2012 Coll., Act No. 152 / 2011 Coll., Act No. 288 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 227 / 2009 Coll., Act No. 347 / 2009 Coll., Act No. 152 / 2011 Coll., Act No. 288 / 2011 Coll.
1. In footnote 1, the sentence "Directive 2010 / 40 / EU of the European Parliament and of the Council of 7 July 2010 on the framework for the introduction of intelligent transport systems in the field of road transport and for interfaces with other modes of transport is added. ';
2. In Paragraph 7 (1), the word "proposal 'is replaced by the word" application'.
3. in Article 20a (1), the following points (j) and (k) are inserted after point (i), including footnotes 28 and 29:
"(j) kept in the register of road vehicles of members of the diplomatic mission (28),
(k) home operated for disabled persons (29), if it serves to transport disabled persons;
28) Paragraph 5 (1) of Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on the Insurance of Liability for Damage caused by the Operation of a Vehicle and on the Amendment to Certain Related Acts (Act on Insurance of Liability from the Operation of a Vehicle), as amended by Act No. 307 / 1999 Coll., as amended by Act No. 320 / 2002 Coll.
29) Article 48 of Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 206 / 2009 Coll. '.
Points (j) to (l) shall be renumbered as points (l) to (n).
4. In Paragraph 22, the following paragraph 3 is inserted after paragraph 2:
"(3) The Government may, by regulation, provide that the vehicle operator in an electronic toll system shall be granted a discount on tolls deposited in total over the time period laid down by the Government's regulation if the amount of tolls imposed during that period for the use of toll roads by that vehicle exceeds the amount fixed by the Government's regulation. The amount of the toll discount may not exceed 13% of the amount of the toll fixed on such a vehicle if the discount would not be granted. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
5. In Article 22 (7) and (8), "5 'is replaced by" 6'.
6. Paragraph 22a (3) is deleted.
Paragraph 4 shall become paragraph 3.
7. Sections 22b to 22e, including the headings and footnotes No 11l, 11m and 30 to 33, read:
European Electronic Toll Service
(1) The European Electronic Toll Service is a set of activities and services which, in accordance with the relevant European Union11k Regulation, allow for the easy interconnectivity of electronic toll systems in the Member States of the European Union and the continuous use of toll roads by road vehicles in all electronic toll systems in those States, using a single electronic device and subject to a cumulative reimbursement to the person who has issued the European electronic toll and electronic equipment service.
(2) The European Electronic Toll Service may be provided by a legal person established in the Czech Republic and authorised to do so by the Ministry of Transport or by a legal person authorised in accordance with a decision of the European Commission defining the European Electronic Toll Service (EW30) by a competent authority of another Member State of the European Union (hereinafter referred to as the European Toll Provider) on the basis of a contract for the provision of a European Electronic Toll Service with a vehicle operator in an electronic toll system.
(3) A vehicle operator in an electronic toll system shall pay tolls using a toll road by a vehicle in an electronic toll system if it has a contract to provide a European electronic toll service with a European toll provider.
Rights and obligations of the electronic toll system operator
(1) The electronic toll system operator is obliged to:
(a) identify the types of electronic equipment that can be registered in the electronic toll system;
(b) keep data records for the purpose of operating an electronic toll system (hereinafter referred to as "Toll data records");
(c) ensure the free provision of electronic equipment to each vehicle operator in an electronic toll system or a person authorised by it (11l) who so requests, unless the electronic equipment has been provided by a European toll provider;
(d) ensure the collection of tolls from the vehicle operator in an electronic toll system or from a person authorised by him (11l), unless the case referred to in (e) is concerned;
(e) to ensure the collection of the aggregate tolls resulting from the use of toll infrastructure by vehicles in an electronic toll system in respect of which the operators of such vehicles have concluded a contract with the European Toll Provider pursuant to Article 22b (3), on the basis of an invoice submitted by the electronic toll system operator to the European Toll Provider within the time limits and under the conditions laid down in the contract referred to in point (g);
(f) publish in a manner that allows remote and continuous access to the electronic toll system declaration pursuant to a decision of the European Commission defining the European electronic toll service (30) setting out the conditions for access by European toll providers to the electronic toll system operated by it, which must comply with a decision of the European Commission defining the European electronic toll service (30);
(g) conclude with the European Toll Provider a contract for the provision of a European electronic toll service under the electronic toll system if the European Toll Provider has fulfilled the conditions set out in the declaration referred to in point (f);
(h) publish and keep up-to-date a list of all European toll providers with which it has concluded the contract referred to in point (g).
(2) The registration of toll data is a public administration information system pursuant to a special law of 11m), the administrator of which is the electronic toll system operator. Toll data records shall contain data on:
(a) vehicle operators in the electronic toll system and their owners, if not the owner, and European toll providers;
(b) vehicles registered in an electronic toll system;
(c) the time and place of passage of vehicles in the electronic toll system;
(d) electronic equipment used which has been registered in the electronic toll system;
(e) vehicles for which the tolling obligation has not been met and the kilometres carried by them,
(f) other facts necessary for the operation of the electronic toll system provided for in the implementing legislation.
(3) The electronic toll system operator processes data in the Toll Data Record in a manner specified by special law 11m). The operator of the electronic toll system provides data from the registration of toll data on written request to infrastructure managers, road administrations, the Police of the Czech Republic, the Security Information Service, the Customs Administration of the Czech Republic to the extent necessary for the performance of the duties under this Act and the Central System of Transport Information.
(4) The electronic toll system operator shall be entitled to require:
(a) from the vehicle operator in the electronic toll system or from the person empowered by it (11l), with the exception of the vehicle in the electronic toll system, the use of which is not subject to a charge on the toll road and with the exception of the vehicle for which the electronic toll service is provided by the European toll service provider;
1. payment of tolls,
2. the composition of the deposit up to a maximum cost of electronic equipment; and
(b) from the European Toll Provider, in the cases referred to in paragraph 1 (e).
(5) The deposit is a guarantee that the electronic equipment will be returned to the functional and undamaged operator of the electronic toll system. Upon receipt of a functioning and undamaged electronic device, the electronic toll system operator shall return in full to the person who made the bail or to another authorised person 11l).
(6) Bail will be forfeited if the registered electronic device has not been returned to the electronic toll system operator, or if the registered electronic device has been returned to the operator of the electronic toll system for more than 1 year from the date of its receipt or the last toll transaction for more than 1 year. Failed bail is the income of the State Fund for Transport Infrastructure.
(7) The amount of the deposit is laid down in the implementing legislation.
Authorisation to provide a European electronic toll service
(1) The Ministry of Transport shall grant the legal person, upon written request, an authorisation to provide the European electronic toll service, provided that:
(a) is established in the Czech Republic,
(b) it is granted certification of the quality management system according to European technical standards (31);
(c) owns or has the right to use the technical equipment necessary to provide the European electronic toll service;
(d) the elements of the electronic toll system used are manufactured in accordance with the requirements of § 22g (1);
(e) it fulfils the conditions of professional competence for the provision of a European electronic toll service;
(f) fulfils the conditions of financial eligibility for the provision of a European electronic toll service;
(g) a risk management plan shall be drawn up containing procedures and measures to ensure the level of services provided to it; and
h) has a good reputation.
(2) An applicant for authorisation to provide a European electronic toll service is competent where the statutory body or at least 1 member of the statutory body is a graduate of a master's study programme in the field of technical sciences or economics and has at least 3 years experience in the management or provision of electronic tolls, information society services, electronic communications services or electronic money institutions.
(3) Financial capacity for the provision of a European electronic toll service means the ability of the applicant to authorise the provision of a European electronic toll service to financially ensure the proper and continuous provision of a European electronic toll service in the Member States of the European Union. Financial capacity shall be demonstrated by the financial statements of the previous year, verified by the auditor or, where appropriate, by the last financial statements verified by the auditor, and by evidence of the closure of the liability insurance for damage caused in connection with the provision of the European electronic toll service.
(4) An applicant for authorisation to provide a European electronic toll service is not financially eligible if a decision has been taken to cancel with liquidation or a decision to liquidity32), or if he has arrears in taxes, social security contributions and contributions to national employment policy, including periodic penalty payments or general health insurance premiums, including periodic penalty payments.
(5) The European Toll Provider has a good reputation if the statutory body or members of the statutory body are fair. For the purposes of this law, a person who has been convicted of an offence committed intentionally for an unconditional term of imprisonment of at least 1 year shall not be considered as righteous for the purposes of this law, for an offence committed intentionally, the nature of which relates to an enterprise, or for a crime committed through negligence, the nature of which relates to the subject of an enterprise, unless it is regarded as not being convicted.
(6) In order to determine whether the applicant fulfils the condition of good repute referred to in paragraph 1 (h), the Ministry of Transport shall, under the special legislature33, 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.
(7) The conditions for granting an authorisation for the provision of a European electronic toll service shall be fulfilled by the European Toll Provider throughout the period of validity of the authorisation.
(8) Implementing legislation provides for the requirements of the risk management plan.
Obligations of the European toll provider
The European Toll Provider pursuant to Paragraph 22d (1) shall:
(a) within 2 years of the granting of authorisation for the provision of a European electronic toll service to conclude contracts for the provision of a European electronic toll service with operators of all electronic tolls systems in the Member States of the European Union which are part of the European electronic tolls service 11k);
(b) ensure the continuous provision of the European electronic toll service in all electronic toll systems referred to in point (a) and, in the event of a failure to cover an electronic toll system, to renew the electronic toll service in that electronic toll system within six months at the latest;
(c) publish in a way that allows remote and continuous access to its contractual terms and conditions and the coverage of electronic toll systems in the Member States of the European Union and update them continuously;
(d) submit to the Ministry of Transport an annual declaration by 30 March at the latest on the extent of the coverage of the electronic toll system in the Member States of the European Union by the European Electronic Toll Service;
(e) ensure that electronic equipment is provided to any vehicle operator to whom it provides a European electronic toll service under contract;
(f) ensure that the European Electronic Toll Service provided by it allows the transmission of data necessary for the continuous use of toll roads in the Member States of the European Union, including the direct entry of data into electronic equipment by a vehicle driver;
(g) immediately after electronic equipment has been issued to the vehicle operator to whom it provides the European Electronic Toll Service under the contract, transmit the data necessary for its registration to the electronic toll system operators in the Member States of the European Union;
(h) keep a record of the blocked and non-functioning electronic equipment which it has issued and inform without delay the electronic equipment operators of the European Union Member States of the inapplicability;
(i) in charging the price for the electronic toll service provided, to separate the charges for the services and tolls provided by it and to provide, for the tolls charged, at least details of the time, the place of toll formation and its specific composition;
(j) without delay inform the vehicle operator to whom it provides a European electronic toll service under the contract, in the event of a failure or restriction of a European electronic toll service that may affect the possibility of using the services it provides, and at the same time of a failure or restriction of a European electronic toll service to inform the electronic toll system operator whose system will affect the failure or restriction;
(k) without delay inform the vehicle operator to whom it provides an electronic toll service under the contract, provided that it has not paid the toll under the conditions set out in the European electronic toll service contract and provides for a reasonable period of time for the payment of the toll;
(l) comply with the risk management plan and have it reviewed and updated at least every 2 years;
(m) provide the necessary synergies for electronic toll system operators in the Member States of the European Union to check the correctness of the data they have registered or to check the level of aggregate tolls set by them.
11l) § 31 et seq. of the Civil Code. Act No. 21 / 2006 Coll., on the verification of the conformity of a copy or a copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (Verification Act), as amended.
11m) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.
30) Commission Decision 2009 / 750 / EC of 6 October 2009 concerning the definition of a European electronic toll service and its technical elements.
31) EN ISO 9001.
32) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
33) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '
8. The following Sections 22f to 22k are inserted after Section 22e, including the headings and footnotes Nos 34 and 35:
Withdrawal of authorisation to provide European electronic toll service
The Ministry of Transport may withdraw the authorisation granted by it to provide the European electronic toll service if the European toll provider:
(a) no longer fulfils any of the conditions of authorisation set out in Paragraph 22d (1); or
(b) fails to fulfil any of the obligations set out in § 22e.
(1) The electronic toll system operator and European toll provider are obliged to use only electronic toll system elements which, in accordance with a decision of the European Commission defining the European electronic toll service (30) when providing the European electronic toll service.
(a) meet the requirements laid down;
(b) have been subjected to an assessment of conformity and suitability for use; and
(c) bear a declaration of conformity and a declaration of suitability for use.
(2) Where an electronic toll system element bears the CE marking according to a directly applicable European Union34 Regulation, the component concerned shall be deemed to comply with the requirements of paragraph 1.
(3) Where the Ministry of Transport finds, or has reasonable grounds for suspecting, that an element of an electronic toll system used or intended for use in the provision of a European electronic toll service does not comply with the requirements of paragraph 1 or prevents the interconnection of the electronic toll system within the European electronic toll service, it shall impose a safeguard measure in accordance with a specific legislature35).
(1) In the case of disputes concerning the conclusion of a contract pursuant to Paragraph 22c (1) (g), its content or the rights and obligations after its conclusion, the electronic toll system operator or European toll provider may contact the Ministry of Transport in writing with a request for comments on the subject matter of the dispute.
(2) The Ministry of Transport shall, within 30 days of receipt of the request referred to in paragraph 1, inform the operator of the electronic toll system and the relevant European toll provider whether it has all the necessary information and supporting documents necessary for the assessment of the dispute and, if necessary, request the submission of additional information or supporting documents within a reasonable time.
(3) The Ministry of Transport shall, no later than six months after receipt of the application referred to in paragraph 1, issue an opinion assessing in particular whether the contractual terms are non-discriminatory, balanced and in accordance with a decision of the European Commission defining the European Electronic Toll Service (30).
Obligations of the operator and driver of the vehicle in the electronic toll system
(1) The vehicle operator in the electronic toll system is obliged to:
(a) to provide the electronic toll system operator or European toll provider, if it is to conclude a contract with him for the provision of a European electronic toll service, to provide the data necessary to register the vehicle operated by him in the electronic toll system and to report to him, without undue delay, the change of such data;
(b) ensure the installation of registered electronic equipment on a vehicle in an electronic toll system;
(c) instruct the driver of vehicles operated by him about how the electronic equipment is handled and used.
(2) The vehicle operator in the electronic toll system shall ensure payment of tolls under conditions agreed with the electronic tolls system operator, unless it pays tolls to European tolls providers under a contract to provide the European electronic tolls service.
(3) The vehicle operator must not:
(a) use registered electronic equipment in another vehicle in an electronic toll system;
(b) to order, permit or entrust the control of a vehicle in an electronic toll system for toll road communications, unless the vehicle is registered and equipped with an electronic vehicle equipment.
(4) The implementing legislation sets out the way in which the electronic toll system is registered, the way in which the electronic equipment is handled and used, the conditions for ensuring the interoperability of electronic toll systems in accordance with the relevant European Union11k Regulation, the way in which the toll is paid and the way in which the toll is proved.
(5) The details of the conditions for payment of tolls for toll roads in the electronic toll system may be laid down in the contractual terms of the electronic toll system operator.
(1) The driver of the vehicle in the electronic toll system is obliged to:
(a) before using the toll infrastructure, ensure that the vehicle is registered in an electronic toll system, unless it is a vehicle in respect of which a contract has been concluded with the European Toll Provider, and ensure that the electronic equipment is installed in a registered vehicle in an electronic toll system, unless these obligations have been met by the vehicle operator in accordance with Article 22i (1) (a) and (b), and enter into the electronic equipment data enabling the correct determination of tolls;
(b) maintain electronic equipment in operation throughout the journey on the toll road;
(c) to dispose of electronic equipment only in the manner laid down in the implementing legislation;
(d) to pay tolls to an electronic toll system operator if they have not been paid by the vehicle operator in the electronic toll system, or if the toll provider does not pay European tolls pursuant to § 22c (4) (b);
(e) at the request of a police officer or customs officer, to allow the payment of tolls to be checked, unless the toll provider of the European toll pursuant to Paragraph 22c (4) (b) and the functionality of the electronic equipment.
(2) A vehicle driver in an electronic toll system shall not drive a vehicle in an electronic toll system after a toll road communication unless the vehicle is registered in an electronic toll system and equipped with an appropriate electronic device.
(3) The types of data which are necessary for entering into electronic equipment and which allow the determination of tolls and the conditions of use of electronic equipment are laid down in the implementing legislation.
If the toll due is not paid even at the request of the electronic toll system operator, within which a reasonable period of time is set, the electronic toll system operator shall be entitled to claim his right in court, including the payment of interest on late payment provided for by civil law.
34) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93.
35) Article 18a of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 490 / 2009 Coll. and Act No. 34 / 2011 Coll. '.
9. In Article 24, at the end of paragraph 5, the dot is replaced by a comma and the following point (f) is added:
"(f) an electronic toll system operator, if applicable, for toll infrastructure.";
10. in § 25 (6) (c) (1):
"1. the setting up and operation of equipment for written, visual, light or other advertising (hereinafter referred to as" advertising equipment "),"
11. in Article 25 (7), in the introductory part of the provision, the word "location" is replaced by "establishment," in point (b), "a" is replaced by "comma," in point (c) is replaced by "a" and the following point (d) is added:
"(d) the advertising equipment shall be used to designate an establishment situated in the continuously built territory of the municipality in accordance with Paragraph 30 (3) at a distance of not more than 50 metres from the advertising facility or outside the continuously built territory of the municipality in the road protection zone within 200 metres from the advertising facility, where the advertising equipment is on the motorway, the first class road or their road auxiliary parcel."
12. in Article 25 (10) and (11) and in Article 31 (6) and (7), the words "Removal of advertising and its" shall be replaced by the words "Removal of advertising equipment and its";
13. in Article 30 (4), the words "advertising vouchers, promotional and other equipment, light sources, colour surfaces and other similar equipment" shall be replaced by "advertising equipment."
14.Paragraph 31 (1) reads as follows:
"(1) The establishment and operation of advertising equipment in the road protection zone shall be subject to authorisation."
15. In Paragraph 31, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(2) The establishment and operation of advertising equipment may be permitted only if it is not interchangeable with signs of traffic, light signals, operational information devices or transport equipment and cannot dazzle the users of the infrastructure concerned or otherwise disturb road traffic.
(3) In the case of advertising equipment visible from the infrastructure in the road protection zone of the motorway and first class road, its establishment and operation may be permitted only if it fulfils the conditions laid down in paragraph 2 and serves to indicate an establishment located in the road protection zone within 200 metres of the advertising facility.
(4) The authorisation referred to in paragraph 1 shall be issued by the competent road administration office after prior agreement of:
(a) the owner of the property in question on which the advertising equipment is to be set up and operated;
b) Ministry of the Interior, if it is a road protection zone for motorways and express roads,
(c) the competent authority of the Police of the Czech Republic, if it is a road protection zone, with the exception of the express road, and local communication. "
Paragraphs 2 to 8 shall be renumbered paragraphs 5 to 11.
16. In the first sentence of Paragraph 31 (9), the words "contrary to paragraph 2, 3 or 5 'shall be inserted after the words" pursuant to paragraph 1' and the words "issued by the competent administrative authority 'shall be inserted after the words" pursuant to paragraph 1'.
17. In Paragraph 31 (9), the third sentence is replaced by the following: "If not, the Road Administration shall ensure that advertising is covered within 15 working days and shall subsequently ensure the removal and disposal of the advertising equipment at the expense of the owner of the equipment."
18. in Paragraph 31 (9), the last sentence is deleted;
19. in Paragraph 35 (3), the words "on the basis of a decision on their use by the competent authority under a special Regulation (2)" shall be replaced by the words "on the basis of a local road traffic regulation or an operational information11a) ';
20. in Paragraph 38a (3) (a):
"(a) in cooperation with the Police of the Czech Republic or with the customs authorities
1. on first-class roads, with the exception of express roads, the region in its territorial district, with the agreement of the owner of the infrastructure or the person authorised by it; and
2. on other roads, the owner of the infrastructure or the person authorised by it. ';
21. in Paragraph 38a (4):
"(4) High-speed control weighing ensures:
(a) on first-class roads, with the exception of express roads, the region in its territorial district, with the agreement of the owner of the infrastructure or by the authorised person; and
(b) on other roads, the owner of the infrastructure or the authorised person. "
22. in Article 38a, paragraphs 5 and 6 are deleted;
Paragraphs 7 to 9 shall be renumbered paragraphs 5 to 7.
23. in Paragraph 38b (5):
"(5) If a low-speed control weighting is found to exceed the values laid down by the special legislation10), the vehicle operator shall be obliged to pay a flat-rate sum of CZK 6,000 to the owner of the infrastructure or region, provided that the weighing according to § 38a (3) (a) (1) is ensured. Reimbursement of the weighing costs shall be imposed by the competent administrative authority together with the decision imposing a fine on the administrative offence pursuant to Article 42b (1) (r). ';
24. in Paragraph 38b (6), the words "the method of determining the costs associated with low-speed control weighing," shall be deleted;
25. in Article 38d, paragraph 2 is deleted;
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
26. in Article 38d (3) and (4):
"(3) Where a high-speed control weighting is found to exceed the values laid down in a separate legislature10), the owner of the infrastructure or the county, if the weighing provided for in Paragraph 38a (4) (a) is ensured, or the person responsible for the high-speed control weighing is issued a document which shall be delivered to the municipal authority of the municipality with extended scope in whose administrative district the high-speed control weighing has been carried out.
(4) If a high-speed control weighting is found to exceed the values laid down by a special legislation10), the vehicle operator shall be obliged to pay a flat-rate sum of CZK 6,000 to the owner of the infrastructure or region, if the weighing is provided for in § 38a (4) (a). Reimbursement of the weighing costs shall be imposed by the competent administrative authority together with the decision imposing a fine on the administrative offence pursuant to Article 42b (1) (r). ';
27. in Article 38d (5), the words "the method of determining the costs of high-speed control weighing," shall be deleted;
28. The following part eight is inserted after Part Seven, including the title and footnote 36:
INTELLIGENT TRANSPORT SYSTEM
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Regulation Information
| Citation | Act No. 196 / 2012 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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