Act No. 227 / 2019 Coll.

Act amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws

Valid Law Effective from 01.01.2021
227
THE LAW
of 14 August 2019
amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Road Act
Čl. I
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. 196 / 2012 Coll., Act No. 268 / 2002 Coll., Act No. 358 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 375 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 186 / 2011 Coll., Act No. 288 / 2011 Coll., Act No. 342 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 227 / 2009 Coll., Act No. 347 / 2009 Coll., Act No. 152 / 2011 Coll.
1. In Paragraph 13, the dot at the end of point (i) is replaced by a comma and the following point (j) is added:
"(j) technical installations and their components intended to check the payment of the time fee for the use of the infrastructure, if fixed on the road or on the road parcel.";
2. In Article 20a (1), at the end of the text in point (b), the words "or an armed security force of another State on a reciprocal basis' shall be added.
3. in Article 20a (1) (h), the words "except for affected by complete or practical deafness," shall be deleted;
4. in Article 20a (1) (h), "holder" is replaced by "operator."
5. in Paragraph 20a (1) (j):
"(j) General Inspection of Security Corps and Security Information Services,"
6. In Article 20a (1) (m), the words "for the transport of material of State tangible reserves or humanitarian aid to the State in crisis situations' are replaced by the words" included in State tangible reserves'.
7. In Paragraph 20a, at the end of paragraph 1, the dot is replaced by a comma and the following point (o) is added:
"(o) using electricity or hydrogen as fuel
1. exclusively, or
2. in combination with another fuel, if the CO2 emissions in the combined operation do not exceed 50 g / km. ';
8. In Article 20a, at the end of paragraph 1, the dot is replaced by a comma and the following point (p) is added:
"(p) accompanied by a special registration mark for historical vehicles to which the certificate of the historical vehicle has been issued."
9. Article 21 to 21c, including the headings and footnotes No 39, read:
„§ 21
(1) A road vehicle with at least four wheels, the maximum authorised mass of which is not more than 3,5 tonnes (hereinafter referred to as "the vehicle in a time charging system ') may be used by the toll on the infrastructure.
(a) a time fee has been paid by the vehicle for the duration of use of the infrastructure; or
(b) the vehicle is exempt from charging and, if the vehicle is subject to § 20a (1) (a) to (g), (j), (k), (m), (n) or (o), the exemption from charging has been notified to the State Fund for Transport Infrastructure.
(2) The time fee may be paid for 1 year, 30 days or 10 days. The start of the period for which the time fee is payable,
(a) it must not prevent the payment being made; and
(b) they must be followed no later than 3 months after the payment has been made.
(3) The amount of time fees is laid down in implementing legislation. However, the amount of the time fee for 1 year shall not exceed CZK 1,500, the amount of the time fee for 30 days shall not exceed CZK 600 and the amount of the time fee for 10 days shall not exceed CZK 400. If a vehicle is driven by natural gas or biomethane, the amount of the time charge for 1 year shall not exceed CZK 1,000, the amount of the time fee for 30 days shall not exceed CZK 300 and the amount of the time fee for 10 days shall not exceed CZK 200.
§ 21a
Payment of the time fee
(1) The National Transport Infrastructure Fund is responsible for the collection of the time fee. The State Transport Infrastructure Fund may entrust a third party with the selection of the time fee and activities referred to in paragraphs 4 and 5 by a public contract.
(2) The time fee is payable
(a) cash at places designated by the State Fund for Transport Infrastructure or by the person responsible for collecting the time fee referred to in paragraph 1; or
(b) an uncash transfer from an account held by a payment service provider to the relevant account of the State Fund for Transport Infrastructure or the person responsible for collecting the time fee referred to in paragraph 1.
(3) The State Fund of Transport Infrastructure shall publish in a way that allows remote access to the location for payment of the cash charge referred to in paragraph 2 (a) and the account numbers and conditions to be complied with when payment of the time charge by cash transfer as referred to in paragraph 2 (b).
(4) On the basis of the payment of a time fee, the registration of vehicles in the time charging system shall be recorded:
(a) vehicle registration number,
(b) an indication of the country where the vehicle is registered;
(c) the beginning and end of the period for which the time fee is paid;
(d) an indication of whether the vehicle is fuelled by natural gas or biomethane;
(e) the date and time of the payment; and
(f) e-mail address or telephone number, if communicated.
(5) The payment of a time fee shall be made from the registration of vehicles in the time charging system by a certificate which shall be transmitted to the person who made the payment.
(6) The method of recording the data relating to the payment of the time fee in the registration of vehicles in the charging system and the details of the transmission of the time fee confirmation to the person making the payment shall be laid down in the implementing legislation.
§ 21b
Recording of exemption of vehicles from time charging
(1) Upon notification by the vehicle operator in the time charging system, the State Fund for Transport Infrastructure shall record the exemption of the vehicle from charging pursuant to § 20a (1) (a) to (g), (j), (k), (m), (n) or (o) in the vehicle registration system. The notification and record of exemption of a vehicle from charging shall not be made in the case of a vehicle exempted from charging pursuant to § 20a (1) (b), if it is a vehicle of an armed security corps of another State, if it is exempted from charging pursuant to § 20a (1) (c), if it is assigned a military registration plate or if it is exempted from charging pursuant to § 20a (1) (o).
(2) The notification referred to in paragraph 1 shall include:
(a) vehicle registration number;
(b) an indication of the country where the vehicle is registered;
(c) the definition of the reason for the exemption of the vehicle;
(d) details of the vehicle operator
1. the name and, where applicable, the name and surname, business name or name,
2. the date of birth or, if it is a legal person or an undertaking, its identification number;
3. the address of the residence or registered office of the vehicle operator, if the vehicle is not registered in the Czech Republic; and
(e) the officially certified signature of the vehicle operator.
(3) The notification referred to in paragraph 1 shall be accompanied by:
(a) a copy of the certificate of registration of a road vehicle, the technical certificate of the road vehicle or the certificate of conformity proving that the grounds for exemption have been fulfilled, if it is for the exemption of the vehicle from charging pursuant to § 20a (1) (o) and if the vehicle is not registered in the Czech Republic; and
(b) the power of attorney granted by the vehicle operator, bearing his officially certified signature, if the vehicle operator is represented by a power of attorney.
(4) Where the notification does not contain the particulars referred to in paragraph 2 or the Annex referred to in paragraph 3, it shall be considered not to have been made; The State Transport Infrastructure Fund shall immediately inform the vehicle operator thereof, including the indication of the reason.
(5) If the reasons for exemption of a vehicle from charging leave, the vehicle operator shall be obliged to notify the State Fund for Transport Infrastructure within 10 working days at the latest, in a time-charging system where the vehicle registration of a vehicle is recorded in the time-charging system, which shall, without undue delay, delete the record of the exemption of the vehicle from charging in the time-charging system; the notification shall contain an officially certified signature of the vehicle operator.
(6) Where a notification of the exemption of a vehicle from charging or of the waiver of grounds for exemption of a vehicle from charging is submitted electronically, it shall be submitted on an electronic form published by the State Fund for Transport Infrastructure in a way that allows remote access.
(7) An officially certified signature pursuant to paragraph 2 (e), paragraph 3 (b) or paragraph 5 is not required if the act in question has been signed in a manner to which the specific legislation links the effects of the handwritten signature (39).
§ 21c
Vehicle registration in the time charging system
(1) The registration of vehicles in the time charging system contains information on:
(a) vehicles for which a time fee has been paid as defined in Article 21a (4);
(b) vehicles in a time charging system for which exemption from charging has been notified, as defined in § 21b (2) (a) to (d);
(c) whether vehicles are registered in an electronic toll system, including the vehicle registration number and the country where the vehicle is registered; and
(d) the number of vehicles in the charging system which have used the toll infrastructure without payment of the time fee.
(2) The registration of vehicles in the charging scheme is an information system for public administrations (11m).
(3) The manager of the registration of vehicles in the charging scheme is the State Fund for Transport Infrastructure.
(4) The State Fund of Transport Infrastructure shall allow the verification by means of a means allowing remote access according to the vehicle registration number of the vehicle, whether the vehicle is:
1. the time fee paid and the beginning and end of the period for which it is paid; or
2. in the registration of vehicles in the charging system, the exemption from charging is recorded.
(5) The State Fund of Transport Infrastructure will provide remote and continuous access to data contained in the vehicle registration system in the system of time charges to the Ministry of Interior, the Police of the Czech Republic, the General Inspection of Security Councils and the Customs Administration of the Czech Republic.
(6) The information referred to in paragraph 1 (a) shall be kept in the register of vehicles in the time charging system for a period of 2 years from the end of the period for which the time fee has been paid.
(7) The State Transport Infrastructure Fund shall monitor whether the toll infrastructure is used in accordance with Paragraph 21 (1) and shall use the data contained in the registration of vehicles in the charging system to increase the effectiveness of the check on payment of the time fee.
39) Paragraph 18 (2) of Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Conversion of Documents, as amended. Article 6 (1) of Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions. '
Article 10 (21d) and (21e) shall be deleted.
11. in Paragraph 22 (1), the sentence "Tolls are imposed in order to achieve a return on costs:
(a) spent on toll infrastructure;
(b) caused by air pollution from the operation of vehicles in an electronic road toll system; and
(c) caused by noise from the operation of vehicles in an electronic toll system on toll roads. ';
12. In Paragraph 22 (2), the last sentence is replaced by the sentence "Toll rates are differentiated by category of vehicle, number of axles and mass of vehicle or combination, category of road, and
(a) the emission classes of the vehicle, if they are for the part of the toll imposed for the purpose of achieving the cost recovery referred to in paragraph 1 (b); this part of the toll shall not be imposed in the case of a vehicle which meets the highest emission level laid down by the implementing act for a period to be determined by this Regulation; and
(b) the period of the day, if it is the part of the toll imposed for the purpose of attaining the cost return referred to in paragraph 1 (c). ';
13. in Article 22 (3), the words "a reduction in tolls imposed overall over the time period laid down by the Government Regulation, where the amount of tolls imposed" shall be replaced by the words "a reduction in tolls levied overall for the purpose of achieving a return on costs referred to in paragraph 1 (a), where the amount of this part of tolls imposed" and the words "tolls imposed on such vehicles" shall be replaced by the words "the part of tolls imposed in accordance with the first sentence."
14. In Paragraph 22 (6), the words "spent on toll infrastructure 'are replaced by the words" whose return is to be achieved by imposing tolls'.
15. in Paragraph 22 (7), the words "tolls imposed" shall be replaced by the words "parts of tolls imposed for the purpose of achieving the recovery of costs referred to in paragraph 1 (a)," and the words "costs incurred for the toll infrastructure referred to in paragraph 6" shall be replaced by the words "those costs."
16. In Paragraph 22 (8), the words "referred to in paragraph 6 'are replaced by the words" whose return is to be achieved by imposing tolls'.
17. in Article 22c (3), the sentence "The electronic toll system operator shall provide the data referred to in paragraph 2 (b) for the purposes of monitoring and checking that the toll infrastructure is used in accordance with § 21 (1), the State Fund for Transport Infrastructure in a way that allows remote and continuous access."
18. in Article 22c (4) (a) (2), the words "up to the purchase price of the electronic equipment maximum," shall be deleted;
19. in Article 22c (5), the words "the person who posted the bail" shall be replaced by "the vehicle operator."
20. in Paragraph 40 (4) (c), "s, t, u and v" is replaced by "u), (v), (w) and (x)."
21. In Paragraph 40 (8) (c), the words "and the identity of the person to be transported shall be inserted after the words" operator, "and the words" fee or charge for exemption of the vehicle "shall be inserted after the words" payment of time. "
22. in Article 40 (9), the text "§ 42b (2)" is replaced by "§ 7 and § 42b (1) (r), (s) and (t) and (2)."
23. In Paragraph 40, the sentence "The State Fund for Transport Infrastructure announces to the customs office the suspicion of an infringement pursuant to § 42a (7) and § 42b (1) (r), (s) and (t) shall be added at the end of paragraph 9. '.
24. § 41a reads:
„§ 41a
(1) The Ministry of Interior or Police of the Czech Republic provides road administrations, the State Fund for Transport Infrastructure and the operator of the electronic toll system for the performance of its responsibilities under this Act
(a) reference data from the population base register;
(b) reference data from the basic register of legal persons, natural persons and public authorities,
(c) data from the population records' agenda information system; and
(d) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) date, place and district of birth; for a citizen born abroad, the date, place and state where he was born,
(d) the address of the place of stay;
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death of a citizen outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred; where the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the citizen declared dead did not survive and the date on which the decision was acquired.
(3) The data provided under paragraph 1 (b) are:
(a) the name or name of the firm or the name or, where appropriate, the names and surnames;
(b) the date of origin or the date of registration in accordance with specific legislation;
(c) the date of expiry or the date of deletion from the register under specific legislation;
(d) legal form,
(e) the statutory authority;
(f) the address of the registered office;
(g) the date of commencement and termination of the establishment and the address of the place of establishment.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(d) citizenship and, where appropriate, multiple citizenship;
(e) the address of the place of permanent residence, including previous addresses of the place of permanent residence;
(f) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(g) limitation of incapacity;
(h) the date, place and district of death; if there is a death of a citizen outside the Czech Republic, the date of death and the State in whose territory the death occurred,
(i) the day on which the court's decision to declare himself dead was given as the day of death or the day on which the citizen declared dead did not survive.
(5) The data provided under paragraph 1 (d) are:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) citizenship and, where appropriate, multiple citizenship;
(e) the place and state of birth;
(f) the type and address of the place of stay;
(g) the beginning of the stay or, where appropriate, the date of termination of the stay;
(h) the limitation of incapacity;
(i) the date, place and district of death and, where applicable, the date of death and the State on whose territory the death occurred, if any, the date of death outside the Czech Republic;
(j) the day on which the court's decision to declare himself dead was given as the day of death or the day on which the alien declared dead did not survive.
(6) Data which are referred to as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.
(7) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. ';
25. in Paragraph 42a (2):
"(2) A vehicle driver in a time charging system shall commit an offence by using a vehicle which is not exempted from charging in breach of Section 21 without payment of the time charge. '
26. in Article 42a (3), at the end of the text in point (c), the words "or to provide incorrect data for registration of a vehicle" shall be added.
27. in Paragraph 42a, the following paragraph 7 is inserted after paragraph 6:
"(7) A natural person, as a vehicle operator in a time charging system, commits an offence by:
(a) notify the exemption of the vehicle from charging to the State Fund for Transport Infrastructure pursuant to Article 21b (1) without fulfilling the grounds for exemption of the vehicle from charging;
(b) a vehicle operated by it which is exempt from charging shall be used for toll infrastructure without the exemption of the vehicle from charging being notified to the State Fund for Transport Infrastructure pursuant to Paragraph 21 (1) (b); or
(c) fails to comply with the notification requirement under Article 21b (5). "
28. in Paragraph 42a (8) (d), the words "and paragraphs 2 and 3" shall be replaced by "paragraphs 3 and 7 (a)."
29. in Article 42a (8), the following points (e) to (g) are inserted after point (d):
"(e) up to 20 000 CZK if the offence referred to in paragraph 2 is committed,
(f) up to 5 000 CZK if the offence referred to in paragraph 7 (b) and (c) is committed,
g) by order of the place up to CZK 1,000, if it is an infringement pursuant to paragraph 7 (b), "
Points (e) to (h) shall be renumbered as points (h) to (k).
30. in § 42b (1) (r):
"(r) as a vehicle operator in a time charging system, notify the exemption of a vehicle from charging to the State Transport Infrastructure Fund pursuant to Article 21b (1) without fulfilling the grounds for exemption of a vehicle from charging,"
31. in Article 42b (1), the following points (s) and (t) are inserted after point (r):
"(s) a vehicle operated by it which is exempt from charging shall be used for toll infrastructure without the exemption of the vehicle from charging being notified to the State Fund for Transport Infrastructure pursuant to Paragraph 21 (1) (b);
(t) as a vehicle operator in a time charging system, does not comply with the notification requirement of Article 21b (5), ';
Points (s) to (w) shall be renumbered as points (u) to (y).
32. in Article 42b (2) (a), the word "a" is replaced by the words "providing incorrect information for registration or."
33.In § 42b (6) (a), the words "s), (t) and (v) 'are replaced by the words" u), (v) and (x)';
34. in 42b (6) (b), "(q) and (r)" shall be replaced by "and (q)."
35. in § 42b (6) (d), "u) and (w)" is replaced by "r), (w) and (y)."
36. in Paragraph 42b, at the end of paragraph 6, the dot is replaced by a comma and the following point (e) is added:
"(e) up to 5 000 CZK if the offence referred to in paragraph 1 (s) and (t) applies."
37. in Articles 43 (1) and (3), 43a (1) (b) and 43a (2) (b), the text "Article 42b (1) (s)" is replaced by "Article 42b (1) (u)."
38. In Article 46 (1), the words "Paragraph 21 (3), the amount of the bonus referred to in Article 21d (3) 'are replaced by the words" Paragraph 21 (3)' and the words "the strictest emission level of vehicles and the period for which the corresponding part of the toll is not imposed on those vehicles pursuant to Article 22 (2) (a) shall be inserted after the word" establish '; and'
39. in § 46 (2), the text "§ 21d (2), § 21e (1) (a), § 21e (2)" shall be replaced by "§ 21a (6)."
Čl. II
Transitional provisions
1. Proceedings not final before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 13 / 1997 Coll., as effective before the date of entry into force of this Act.
2. By 31 January 2021, the payment of the time fee may also be demonstrated in accordance with Act No. 13 / 1997 Coll., as effective before the date of entry into force of this Act. The validity of coupons proving payment of the time fee under Act No. 13 / 1997 Coll., as effective before the date of entry into force of this Act, remains unaffected.
3. Until 31 January 2021, the toll infrastructure may be used by a vehicle exempted from charging without paying a time fee without the exemption being notified to the State Fund for Transport Infrastructure.

ČÁST DRUHÁ

Amendment of the Act on intelligence services of the Czech Republic
Čl. III

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Regulation Information

CitationAct No. 227 / 2019 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation05.09.2019
Effective from01.01.2021
Effective until-
Status Valid
The regulation text is for informational purposes only.
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