Act No. 217 / 2022 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
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Law
Effective from 01.08.2022
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217
THE LAW
of 8 July 2022
amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Transport Act
Act No. 111 / 1994 Coll., on road transport, as amended by Act No. 38 / 1995 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 227 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 226 / 2006 Coll., Act No. 374 / 2007 Coll.
1. In footnotes 4e and 13, the words "as amended 'are inserted after the words" 561 / 2006 on the harmonisation of certain social legislation relating to road transport'.
2. At the end of footnote 35, the sentence "Directive (EU) 2020 / 1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules on the transmission of drivers in the road transport sector as regards Directives 96 / 71 / EC and 2014 / 67 / EU and amending Directive 2006 / 22 / EC as regards enforcement requirements and Regulation (EU) No 1024 / 2012 shall be added to the separate line. ';
3. In footnote 35, the sentence "Directive 2006 / 1 / EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without a driver for the carriage of goods by road 'is inserted after the first sentence on a separate line and the sentence" Directive (EU) 2022 / 738 of the European Parliament and of the Council of 6 April 2022 amending Directive 2006 / 1 / EC on the use of vehicles hired without a driver for the carriage of goods by road' is added to the end of the footnote.
4. Paragraph 2 (15) reads as follows:
"(15) The big vehicle is:
(a) a vehicle or combination of vehicles with a maximum authorised mass exceeding 2,5 tonnes and not exceeding 3,5 tonnes intended for the transport of animals or goods, where they are operated by international road transport or national road transport within the territory of the State in which the carrier is not established;
(b) a vehicle or combination of vehicles with a maximum authorised mass exceeding 3,5 tonnes intended for the transport of animals or goods; or
(c) a vehicle intended to carry more than 9 persons, including the driver. ';
5. Paragraph 2 (16) is deleted.
Paragraphs 17 to 20 shall be renumbered paragraphs 16 to 19.
6. In Paragraph 2 (18), the word "road 'is deleted.
7.
Obligations of the domestic carrier
(1) The domestic carrier is obliged to:
(a) to operate road transport by a vehicle which:
1. registered in the register of road vehicles pursuant to special legislation14) and assigned the registration number of the Czech Republic; or
2. registered in another Member State and intended for the transport of animals or goods; and
(b) ensure that a large vehicle is equipped with a cargo document containing the information provided for in the implementing legislation and that it is kept for 2 years after the end of the shipment.
(2) A vehicle referred to in paragraph 1 (a) (2) may be operated by road only if:
(a) it is not a road transport operation for its own needs;
(b) on the date of notification of a vehicle to a transport office pursuant to Article 9 (3) (b), the number of such vehicles does not exceed 25% of the vehicles intended for the carriage of animals or goods and listed with the domestic carrier in the Register of Road Transport Entrepreneurs or, if more than 1 and less than 4 vehicles for the transport of animals or goods, are a single vehicle referred to in paragraph 1 (a) (2); the number of vehicles shall also include all vehicles declared on that date;
(c) is hired for a maximum of 2 consecutive months in a calendar year;
(d) is hired without a driver;
(e) it is managed by the carrier itself or by his staff; and
(f) in the course of its operation, there shall be a contract of hire indicating the vehicle's registration number and the time of rental of the vehicle and, where the vehicle is managed by an employee of the carrier, a contract of employment or other evidence proving the existence of an employment relationship. ";
8. In the last sentence of Article 3a (5), "special 'is replaced by" other'.
9. in Article 3a (6) (a) (2), the words "or carriage as defined in Article 13 (1) (g) of the directly applicable European Union Regulation on the harmonisation of social legislation relating to road transport4d" shall be inserted after the word "tachograph."
10. in Article 3a (6) (c) and Article 3a (7) (c), the words "this entry in its possession" shall be replaced by the words "this entry and the driver card, if issued," and the word "it," shall be replaced by "is."
11. The following Section 3c is inserted after Section 3b:
Temporary exemptions from the requirements for driving time, safety breaks and rest periods and the requirements for keeping records of driving time, safety breaks and rest periods
(1) The Ministry of Transport may temporarily determine the infrastructure or sections of infrastructure which may be used by measures of a general nature for the protection of life, health or property, or because of material deterioration or interruption of the mobility of the infrastructure, even if the requirements for driving time, safety breaks or rest periods and, where appropriate, for keeping records of driving time, safety breaks and rest periods are not complied with.
(2) In a general measure, the Ministry of Transport shall determine the extent to which derogations may be made from the requirements referred to in paragraph 1 and, where appropriate, additional conditions to ensure road safety, satisfactory and safe conditions for the performance of the driver's work and the demonstrable keeping of records of the driving time, safety breaks and rest periods.
(3) The authorities concerned when issuing measures of a general nature are the Ministry of the Interior, the Police of the Czech Republic and the Regional Authority whose administrative district concerns measures of a general nature. If the institution concerned does not comment on a proposal for a measure of a general nature within 5 working days of its receipt, the proposal shall not be discussed.
(4) Measures of a general nature and its proposal will only be published on its official record by the Ministry of Transport. The period of publication of a draft measure of a general nature shall be at least 5 working days.
(5) Any objection to a draft measure of a general nature may be lodged within 5 working days of the date of its publication only by legal persons having national competence as associations of carriers.
(6) The Ministry of Transport will issue general measures only with the consent of the European Commission. To this end, it may adapt the draft measure of a general nature to its comments.
(7) A general measure shall take effect on the fifth day following the date of publication of the public order.
(8) Where there is a risk of delay, a measure of a general nature may be issued without consulting the authorities concerned and without the consent of the European Commission, but for a maximum period of 30 days. In such cases, the draft measures of a general nature shall not be published and no comments or objections shall be submitted. A measure of a general nature shall take effect on the date of publication of the public order. The Ministry of Transport shall notify the European Commission of the issue of general measures. ';
12. In Article 4, the words' unless otherwise provided for in this law 'shall be deleted.
13. In Paragraph 6 (1) of the Introductory Part of the provision, the words "a legal person domiciled in the Czech Republic or a natural person residing in the Czech Republic or having similar residence in a Member State 'are replaced by the words" a person'.
14. in Paragraph 6 (2):
"(2) Concessions for road transport operations by large vehicles may not be granted
(a) to a legal person who has no registered office in the Czech Republic;
(b) a natural person who does not fulfil the conditions of residence in the territory of the Czech Republic under the Trade Code, if required by it; or
(c) a person authorised to operate road transport by large vehicles in a Member State other than the Czech Republic. "
15. in Article 7, the words' is fair 'are replaced by' is considered fair ';
16. In the first sentence of Article 8 (2), "July 'is replaced by" August'.
17. in Paragraph 8 (2), the second sentence is deleted;
18. In Article 8a (3), the words "a vehicle or a combination of vehicles with a maximum authorised mass exceeding 3,5 tonnes when intended for the transport of animals or goods, and in particular for passenger transport operated by a vehicle intended for the carriage of more than 9 persons, including the driver 'are replaced by the words" a large vehicle and a particular passenger transport operated by a large vehicle'.
19. In Paragraph 8c, paragraphs 8 and 9 are added:
"(8) If the condition of integrity is not met, the trade office shall not request the transport authority to issue an opinion.
(9) When issuing an opinion pursuant to paragraphs 1 to 3 or paragraph 6, the Authority shall not assess compliance with the conditions of integrity. ';
20. Paragraph 9 (3) reads:
"(3) Road transport operator may only operate road transport for hire or reward by a vehicle whose:
(a) is an operator and which, according to the registration in the register of road vehicles (14), is intended to operate road transport for hire or reward by that entrepreneur; or
(b) the registration number, the maximum authorised mass, the total number of places for the carriage of persons, including the driver, the factory name and the trade mark shall be notified to the transport office; any modification of this information shall be obliged to notify the Transport Authority within 1 month. ';
21. in Article 9 (5), the word "copy" shall be replaced by the words "copy of the copy."
22. In the first sentence of Article 9b (1), the words "operated by large vehicles' shall be replaced by the words" operated by large vehicles by road, to which the European Union provisions directly applicable to the harmonisation of social legislation relating to road transport4d) or the European Agreement on the work of vehicle crews in international road transport (AETR) 4) shall apply in full, and '.
23. in the first sentence of Paragraph 9b (2), the words "operated by large vehicles" shall be replaced by the words "carrying out the activities referred to in paragraph 1," the words "stopping" shall be inserted after the words "their" and the words "activities referred to in paragraph 1" shall be deleted;
24. In the first sentence of Paragraph 9b (4), the words "operated by large vehicles' shall be replaced by the words" carrying out the activities referred to in paragraph 1 ', after the word "exercise' and after the word" termination 'shall be inserted the words "these' and the words" under paragraph 1 'shall be deleted.
25. The following Section 9c is inserted after Section 9b:
Prohibition of ordering transport
(1) A commercial natural or legal person may not order the transport of animals or goods, if he knows or knows, in view of the circumstances and his personal circumstances, that he or she should have known and could have been in breach of the transport of the carrier
(a) the obligation to ensure compliance with the requirements for the driving time, safety breaks and rest periods and record keeping of the driving time, safety breaks and rest periods;
(b) any of the labour requirements applicable when sending a driver to work in the framework of the transnational provision of services; or
(c) one of the obligations laid down by the directly applicable European Union regulation governing access to the international road freight transport market (23).
(2) The operator of the travel agency or travel agency may not order the carriage of persons if he or she knows, or should know, or, in the light of the circumstances and his / her personal circumstances and may have known, that by carrying out the transport of the carrier, he / she would be in breach of the obligation to ensure compliance with the requirements for the driving time, safety breaks and rest periods and record the driving time, safety breaks and rest periods. ';
26. in Article 21a (6) (b), the words "small vehicles" are replaced by the words "vehicles intended for the carriage of not more than 9 persons, including the driver."
27. in Article 21a (6) (d), "(i) or (l)" is replaced by "(j) or (m)";
28. in Article 21c (2), the first sentence is deleted;
29. in Article 21c (2), the words "as referred to in paragraph 1" shall be inserted after the word "applications" and the words "also" shall be deleted;
30. in Article 21c (6), the last sentence is deleted;
31. in Article 21c (8) (b), the words "competent according to the place of permanent, long-term, transitional or other authorised residence of the taxi driver" shall be replaced by the words "which decided to withdraw the driver's first-degree taxi driver's authorisation."
32. in Article 21c, the following paragraph 10 is added:
"(10) For the purposes of the management in the Register of Road Transport Entrepreneurs and the drawing up of a taxi driver licence, the transport authority shall, when applying in accordance with paragraph 1 or 6, obtain a digitised photograph of the applicant. If a digitised photograph of the applicant cannot be obtained from the driver's register, from the digital tachograph information system, from the registration of civil ID documents, from the travel document registration agency information system or from the alien agency information system, the transport office shall take it. ';
33. In the first sentence of Article 27, the words "road transport operations by large vehicles', to which the directly applicable European Union regulation governing the harmonisation of the social legislation relating to road transport4d, or the European Agreement on the work of vehicles in international road transport (AETR) 4," the word "properly 'shall be inserted after the word" drivers' and the word "vehicles' shall be inserted after the words" driving time '.
34. In the second sentence of Article 27, the words "large 'and the words" and Article 9 (1) (a) and, in the case of foreign carriers established in another Member State of the European Union, copies of documents proving the existence of an employment relationship with a driver, including their translation into the Czech language' shall be deleted.
35. in the second sentence of § 27, in § 35 (1) (b) and in § 41 (2), the words "paragraph 1" are inserted after the words "§ 3";
36. In Article 27, the words "and Article 9 (1) (a) 'shall be added at the end of the last sentence.
37. In the last sentence of Paragraph 27, the words "§ 3 (c) and 'are deleted.
38. At the end of § 27, the sentence "If a foreign carrier operates road transport by a hired vehicle, it shall also ensure compliance with the conditions set out in § 3 (2) (d) to (f)."
39. in Paragraph 33a (1):
"(1) To operate road transport by large vehicles, to which a directly applicable European Union regulation governing access to the international road haulland23) or a directly applicable European Union regulation governing access to the international market for coach and bus transport18) may be applied only on the basis of a Community licence under this directly applicable European Union20 (hereinafter referred to as" Eurolicences ") and under the conditions laid down by this directly applicable European Union20). '.
40. In Article 33a (3), the words "notified to the Transport Authority pursuant to Article 9 (3) (b)" shall be replaced by the words "intended or declared for foreign use in accordance with Article 9 (3)";
41. In Article 33a, at the end of the text of paragraph 3, the words "if it is a vehicle as referred to in Article 3 (1) (a) (2), the transport authority shall indicate in the copy of the euro the vehicle's registration number and the period of validity of that copy which corresponds to the time of the rental of the vehicle and does not exceed the period referred to in Article 3 (2) (c) '.
42.In Paragraph 33a (4):
"(4) If the road haulage operator fails to demonstrate his financial capacity within the time limit set by the Transport Authority pursuant to Paragraph 35b (3), he shall surrender the licence and all copies of it to the Transport Authority within 1 month of its futile expiry. ';
43.In Article 33a (5), "60 days" is replaced by "1 months."
44. in Paragraph 33a (6), the words "report to the Transport Authority pursuant to § 9 (3) (b)" shall be replaced by the words "have been designated or declared for foreign use in accordance with § 9 (3)";
45. in the first sentence of Paragraph 33a (7), the word "concession" shall be replaced by the words "commercial licence for road transport by large vehicles."
46. in Article 33b (1), the words "international transport by large vehicles intended for the transport of animals or goods" shall be replaced by the words "road transport by large vehicles, to which the directly applicable European Union regulation governing access to the international road haullands23 applies," and the word "this" shall be inserted after the word "under."
47. The following Sections 33f to 33i, including footnotes 41 and 42, are inserted after Section 33e:
(1) Paragraph 319 of the Labour Code does not apply to drivers whose employer is a carrier established in another Member State and who has been seconded to work in the framework of the transnational provision of services in the territory of the Czech Republic, if they are road freight transport for foreign purposes,
(a) where the place of departure and destination is situated in the territory of the 2 States from which the carrier is established in 1 and where no loading or unloading takes place in the territory of other States;
(b) where the place of departure and destination is situated in the territory of the 2 States from which the carrier is established and the territory of the other States is situated at most 1 loading, unloading or unloading connected with loading; or
(c) where:
1. the point of departure lies in the territory of the State where the carrier is established, the point of destination lies in the territory of another State and no loading or unloading takes place in the territory of other States; and
2. following the transport carried out in accordance with point 1, the destination shall be located in the territory of the Member State in which the carrier is established and there shall be at most two loading, unloading or unloading operations in the territory of other States.
(2) Paragraph 319 of the Labour Code does not apply to a driver whose employer is a carrier established in another Member State and who has been seconded to work in the framework of the transnational provision of services on the territory of the Czech Republic, in respect of regular or occasional passenger services or international shuttle services, where:
(a) the place of departure and destination is situated in the territory of the two States from which the carrier is established in 1 and no passenger takes or leaves the territory of other States;
(b) the place of departure and destination is situated in the territory of the State of establishment of the carrier, in another State of the carrier, by local trips in accordance with the directly applicable European Union regulations governing access to the international market for coach and bus transport18), and there is no boarding or leaving of passengers in the territory of other States;
(c) the place of departure and destination is situated in the territory of the 2 States from which the carrier is established and the territory of the other States is at most 1; or
(d) the place of departure and destination is situated in the territory of the State of establishment of the carrier, in another State of the carrier, carrying out local trips in accordance with the directly applicable European Union rules governing access to the international market for coach and bus transport18) and in the territory of other States there is at most 1 boarding, exit or exit associated with the arrival of passengers.
(3) Paragraph 319 of the Labour Code does not apply to a driver whose employer is a carrier established in another Member State and who has been seconded to work in the framework of the transnational provision of services in the territory of the Czech Republic, if it is road transport where the vehicle is only passing through the territory of the Czech Republic without the vehicle running through it
(a) loading or unloading; or
(b) the entry or exit of passengers.
(4) Paragraphs 1 and 2 shall not apply where the transport of persons, animals or goods between places situated within the territory of the country to which the driver was sent is concerned.
(5) In order to verify compliance with the conditions laid down in paragraphs 1 and 2, the authorities of the Police of the Czech Republic and the persons responsible for carrying out state professional supervision may only require the presentation of a document demonstrating the performance of transport in the framework of international road transport and a record of the driving time, safety breaks and rest periods.
(1) A carrier established in another Member State which sends a driver to work in the framework of the transnational provision of services on the territory of the Czech Republic is obliged, not to be seconded pursuant to § 33f,
(a) notify the Ministry of Transport by means of a specified form in the Internal Market Information System 41)
1. at the latest at the beginning of the secondment, the data on the planned secondment; and
2. without delay any change to the data notified under point 1;
(b) ensure that the driver is carried and presented during the inspection
1. the notification referred to in point (a); and
2. proof of transport carried out; and
(c) provide information on the internal marketsystem (41) upon completion of the secondment
1. to the transport office or, if there is an international regular passenger service, to the Ministry of Transport within 8 weeks of the date of receipt of its request, a copy of the proof of the carriage carried out and the record of the driving time, the security breaks and rest periods; and
2. A copy of the document proving the existence of an employment relationship, of the driver's remuneration for work or travel expenses on a foreign business trip relating to the time of secondment and the registration of working time shall be sent to the State Office of Labour Inspection or Regional Labour Inspectorate (the "Labour Inspection Body ') within 8 weeks of the date of receipt of his request.
(2) Section 87, Section 102 (3) and Section 136 (2) of the Employment Act shall not apply to carriers established in another Member State which send drivers to work in the framework of the transnational provision of services in the Czech Republic.
(3) A carrier established in the Czech Republic who has failed to comply with a request from a competent authority of another Member State to provide copies of documents proving that the driver has been sent and that the employment requirements for secondment are met shall be required to provide copies of those documents to the labour inspection authority within 10 working days of the date of receipt of the application. A document showing the posting of the driver and compliance with the employment requirements of the posting shall be a proof of the carriage carried out, a record of the driving time, security breaks and rest periods, a contract of employment or a contract of employment outside the employment relationship, a document of the driver's remuneration for the work or travel compensation during a foreign work trip relating to the time of posting or working time registration. A copy of these documents shall be transmitted by the labour inspection authority through the Internal Market Information System (41) to the competent authority of another Member State within 25 working days of receipt of its request for synergies.
A carrier established in a Member State other than the Member State sending a driver to work in the Czech Republic is obliged to ensure that the driver is carried and to provide copies of documents showing the existence of an employment relationship with the driver, including their translation into the Czech language, when checking.
(1) The Ministry of Transport, through the Internal Market Information System (41), shall provide the authority of another Member State, upon request, with information relating to the performance of:
(a) the conditions of establishment in the Czech Republic by a road transport operator operating large vehicles within the time limit laid down directly by the European Union15, or
(b) the obligation to ensure compliance with the requirements for driving time, safety breaks and rest periods and record-keeping of driving time, safety breaks and rest periods by the domestic haulier operating large vehicles by road within the time limit laid down by European Union42).
(2) If, in order to provide the information referred to in paragraph 1, it is necessary to check the domestic carrier, it shall be carried out by the transport authority without delay at the request of the Ministry of Transport; the inspection report shall be sent by the Transport Authority without delay to the Ministry of Transport. The control of the domestic carrier operating international scheduled passenger services shall be carried out by the Ministry of Transport.
(3) The request of the Transport Authority to provide information relating to compliance with the condition of establishment or the obligation to ensure compliance with the requirements for the driving time, safety breaks and rest periods and record keeping of the driving time, safety breaks and rest periods of the carrier established in another Member State shall be transmitted by the Ministry of Transport through the Internal Market Information System (41) to the authority of another Member State in which the carrier is established; the information provided by the Ministry of Transport shall be sent without delay to the Transport Authority.
41) Regulation (EU) No 1024 / 2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008 / 49 / EC (IMI Regulation), as amended.
42) Article 8 of Directive 2006 / 22 / EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561 / 2006 and (EU) No 165 / 2014 and Directive 2002 / 15 / EC as regards social legislation relating to road transport activities and repealing Council Directive 88 / 599 / EEC, as amended. ';
48. in Paragraph 33f, the following paragraph 5 is inserted after paragraph 4:
"(5) Paragraph 1 (b) and (c) and paragraph 2 (c) and (d) shall apply only if road transport is carried out by a vehicle equipped with an intelligent tachograph recording the crossing of borders and additional activities under the directly applicable European Union tachograph regulation in the road transport4e. ';
Paragraph 5 shall become paragraph 6.
49. In Article 34 (3), the first to sixth sentences are replaced by the following: "The transport authorities shall exercise state professional supervision in road transport in all matters, except for the supervision of compliance with international passenger service obligations, the obligations under Sections 9c (1) (b) and 33g (1) (c) (2) and (3) and the obligations of travel agents and travel agencies under the directly applicable European Union rules governing the rights of passengers in bus and coach transport29). The Ministry of Transport shall exercise state professional supervision in road transport in all matters, except for the supervision of compliance with obligations in the taxi service, the obligations provided for in Sections 9c (1) (b) and 33g (1) (c) (2) and (3) and the obligations of the operators of travel agencies and travel agencies under the directly applicable European Union rules governing the rights of passengers in bus and coach transport29). The labour inspection authorities shall exercise control over compliance with the obligations under Section 9c (1) (b). (b) and Article 33g (1) (c) (2) and (3). The municipal trade authorities shall exercise state professional supervision over compliance with the obligations of travel agents and travel agencies under the directly applicable European Union rules governing the rights of passengers in bus and coach transport29). The subject of state professional supervision shall be compliance with the obligations laid down by this law, directly applicable European Union rules and international treaties. ';
50. At the end of paragraph 4, the sentence "If the person in charge of state professional supervision or the authority of the Police of the Czech Republic is replaced by a new seal placed on the tachograph in accordance with the directly applicable European Union law governing tachographs in the road transport4e) shall bear a unique special mark, the form of which shall be laid down in the implementing legislation. '
51. in Paragraph 34 (7), the last sentence, including footnote 30, shall be deleted;
2. in Article 34b (2), the following point (d) is inserted after point (c):
"(d) an indication of the number of employees."
Points (d) to (h) shall be renumbered as points (e) to (i).
53.In Article 34b (2) (g), the words "(b) 'and the word" road' are deleted.
54. in § 34b (2) (h), the words "unie20) and" are replaced by "unie20);"
55. in § 34b (2) (i):
"(i) identification of a decision imposing an administrative penalty for an offence committed by an infringement referred to in the directly applicable European Union rules governing the classification of serious infringements which may lead to a loss of good repute (39), or penalties for infringements referred to in the directly applicable European Union provisions governing the classification of serious infringements, which may result in a loss of good repute (39), where such penalties have been imposed by an authority of a Member State other than the Czech Republic, and the type and amount of administrative penalty or penalty and legal qualification of the infringement; and ';
56. in Article 34b (2), the following point (j) is added:
"(j) an assessment of the risk of an entrepreneur in accordance with the directly applicable European Union regulation.";
57. in Article 34b (3) (a), the words "and the address of the place of residence" shall be replaced by the words "the address of the place of residence and the date of death."
58. in Paragraph 34b (5), the word "small" shall be replaced by "other than large" and the words "(a), (b), (d), (f), (g) and (h)" shall be replaced by "(a), (b), (e), (g), (h) and (i)."
59. In Article 34b (6) (a), the words "digitised photograph" shall be inserted after the words "birth."
60. in Paragraph 34b (6) (d), the word 'offence' is replaced by 'infringement';
61. in Article 34b (7) (b), the word "road" shall be deleted;
62. In Article 34b (8), the words "(h)" are replaced by the words "(i)" and the words "or otherwise" are inserted after the word "this."
63. in Article 34d (1), the text "Article 34b (4)" is replaced by "Article 34b (2) (d) and Article 34b (4)";
64. in the second and third sentences of Paragraph 34d (2), "(h)" is replaced by "(i)."
65.In the first sentence of Paragraph 34d (3), the text "(a), (b), (d)" shall be replaced by "(a), (b) and (e)."
66. In Paragraph 34d, the following paragraph 4 is inserted after paragraph 3:
"(4) The Ministry of Transport shall provide the labour inspection authorities with data maintained in the Register of Road Transport Entrepreneurs pursuant to Article 34b (2) (a), (b), (i) and (j) in a way that allows remote access, provided that:
(a) a road transport operator operating large vehicles has committed one of the serious infringements selected to ensure compliance with the requirements for driving time, safety breaks and rest periods at the work of drivers, or to ensure proper keeping of records of driving time, safety breaks and rest periods; or
(b) a road transport operator operated by large vehicles presents an increased risk in accordance with a risk assessment carried out in accordance with a directly applicable European Union Regulation. ';
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
67. In § 34d (6) of the introductory part of the provision, § 34d (7) (b) and § 34d (8) second sentence, "4" is replaced by "5."
68. in § 34d (6) (b):
"(b) hauliers engaged in road transport by large vehicles for hire or reward established in a Member State other than the Czech Republic:
1. By a final decision, he has imposed administrative penalties for an offence under this law; or
2. An administrative penalty has been imposed for an offence under another law by a final decision, the copy of which he received; and '.
69. in Article 34d (7) (a), the word "a" shall be deleted;
70. In Paragraph 34d, at the end of paragraph 7, the dot is replaced by "a 'and the following point (c) is added:
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Regulation Information
| Citation | Act No. 217 / 2022 Coll., amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2022 |
|---|---|
| Effective from | 01.08.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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VĚCNÁ BŘEMENA - SMLOUVA O BUDOUCÍ SMLOUVĚ O ZŘÍZENÍ VĚCNÉHO BŘEMENE A DOHODU O UMÍSTĚNÍ STAVBY č. OS...
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