Act No. 229 / 2005 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and Act No. 361 / 2000 Coll., on Road Traffic and on Amendments to Certain Acts, as amended
Valid
Law
Effective from 01.07.2005
229
THE LAW
of 18 May 2005
amending Act No 111 / 1994 Coll., on road transport, as amended, and Act No 361 / 2000 Coll., on road traffic and on amendments to certain laws, as amended
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. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 186 / 2004 Coll. and Act No. 1 / 2005 Coll., is amended as follows:
1. in Paragraph 8 (2) (b):
"(b) the transport authority designated in accordance with the criteria laid down in the specific legislation5b), if it is a foreign person.
5b) Paragraph 50 (1) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 356 / 1999 Coll. '
2. In Article 9 (1), the words "and ensure that a copy of the technical inspection report is placed in the taxi service vehicle 'are deleted.
3. in Article 9 (2) (e):
"(e) the work of the taxi driver has only been performed by a person
1. older than 21 years,
2.
3. reliable,
4. which has a driver's licence to conduct a taxi service. ';
4. In Article 9, the following paragraph 3 is inserted after paragraph 2, including footnote 5a:
"(3) A person shall not be regarded as reliable:
(a) which, in the driver's record card, has a record that the court has imposed a prohibition on the operation of motor vehicles whose performance has ceased in the last three years or whose performance has been suspended on condition in the last three years; or
(b) which, on the driver's record, has a record of the imposition of a penalty for an offence involving the ingestion of an alcoholic drink or other addictive substance before or during the driving of a motor vehicle, or of a refusal to undergo a breath test or medical examination at the call of a police officer to determine whether it is not affected by alcohol if the breath test has been positive or to undergo a medical examination at the call of a police officer to determine whether it is affected by another substance; or
(c) which has three or more records of offences committed against road safety and fluidity in the driver's record card; or
(d) which, in the last three years, has operated road transport for hire or reward; or
(e) has repeatedly committed, in the last three years, acts for which a penalty has been imposed in force for infringements of the legislation relating to the operation of road transport, with the exception of penalties for offences against the safety and fluidity of road traffic under the Specific Law (5a); or
(f) has committed, as a driver of a taxi service vehicle, during the last three years, an act for which a final penalty has been imposed on the taxi operator for infringements of the legislation relating to the operation of road transport; or
(g) which, in the last three years, has been withdrawn from the concession or authorisation to operate road transport for hire or reward on grounds of infringement of the obligations imposed by the legislation relating to the operation of road transport;
(h) which has been withdrawn from the driver's cab licence in accordance with the second sentence of Article 21 (9) until the licence is returned to him.
(5a) Act No. 200 / 1990 Coll., on Infringements, as amended. '
Paragraph 3 shall become paragraph 4.
5. Paragraph 21, including the title and footnotes Nos 6a to 6c, reads as follows:
Taxi service
(1) The taxi operator shall be entitled to operate the taxi service only by a vehicle registered for this purpose by the Transport Authority. Detailed provisions on the registration of taxi vehicles shall be laid down in the implementing legislation.
(2) The taxi operator shall ensure that the taxi service vehicle is marked with a roof lamp marked "TAXI 'and equipped with an officially certified and sealed taxametrem6a), an integral part of which is a printer and a memory unit capable of storing daily and monthly recorded values of vehicle traffic for at least five years from the date of their entry. The details of the requirements of the lamp and its use shall be laid down in the implementing legislation. A vehicle fitted with a roof lamp marked" TAXI' shall not be permitted to use another road transport type without covering the roof lamp.
(3) The taxi operator shall ensure that the driver uses the taximeter referred to in paragraph 2 in the performance of the taxi service and provides the passenger with an undamaged and legible document of the amount of fare obtained as an output from the taximeter printer after the completion of the journey without notice. Details of the use of the taximeter, the particulars of the "User register and the register of taximeters', which must be provided for in the performance of the taxi service in the vehicle, and the particulars of the document on the amount of the fare shall be laid down in the implementing legislation. The proof of payment of the fare, as well as the daily value of the vehicle's operation recorded on the memory unit, is another document used to make an overview of the state of the economy and property or to check it under special legislation (6b).
(4) The taxi operator shall ensure that only vehicles marked and equipped with the prescribed means are used to perform the taxi service. The means of identification of the vehicle, the requirements for the equipment of the taxi service vehicle shall be laid down in the implementing legislation.
(5) The taxi operator shall notify the authority responsible for issuing the concession in advance of the start of the taxi service. In the written notification, the taxi operator shall indicate:
(a) a business name, registered office and legal form of a legal person, and its identification number, if the operator is a legal person, or a business name, or a surname, if any, or a distinguishing supplement, permanent residence and place of business, if different from permanent residence, the natural person's birth and identification number, if the operator is a natural person;
(b) the number under which the concession was issued;
(c) the name, surname, address of permanent residence, address for delivery and birth number of all taxi drivers;
(d) the estimated date of start of the taxi service.
(6) The written notification referred to in paragraph 5 shall be supported by the taxi operator:
(a) an officially certified copy of the concession note;
(b) an extract from the register of punishments of all persons intending to entrust the performance of a taxi driver who is not more than 3 months old;
(c) documents proving the reliability of all persons who are intended to carry out the work of a taxi driver, if requested by the transport authority;
(d) one photograph of such a person which complies with the requirements laid down in the specific regulation6c);
(e) details of the factory sign, registration mark or registration number and registration number of the vehicle, provided that it has already been allocated to which it intends to operate the taxi service.
(7) In addition, the taxi operator shall notify the competent authority in writing within seven days of any changes to the data referred to in paragraphs 5 and 6 and the date of any termination of the taxi service.
(8) The Transport Authority shall issue to the taxi operator a licence for the competence of taxi drivers, based on the names of the persons mentioned in the written notice, if they are over 21 years of age and fulfil the condition of integrity and reliability. The transport authority shall take a decision on the matter within 30 days of receipt of the written notification by the taxi operator, including the relevant documents. The driver's licence shall be a public instrument and shall be issued for a period of five years. The model of the driver's cab licence shall be laid down in the implementing legislation.
(9) The transport authority competent under paragraph 5 shall decide on the withdrawal of the driver's taxi licence if it finds that the driver does not fulfil the condition of integrity or reliability. In addition, the transport authority competent under paragraph 5 shall decide to withdraw the driver's taxi licence for the reasons set out in paragraph 13; in this case, the transport office shall withdraw the driver's qualification certificate for a period of two years.
(10) The driver's licence for taxi services expires
(a) the expiry of the period for which it was issued;
(b) the date on which the decision taken by the Transport Authority to withdraw the driver's taxi licence becomes final;
(c) the date on which the written notification referred to in points (d) and (e) of paragraph 11 has been received to the competent authority in accordance with paragraph 5.
(11) The taxi operator shall:
(a) ensure that the driver's licence for the taxi service is located in a visible location in the taxi service vehicle; the details of the location of the licence in the vehicle are laid down in the implementing legislation,
(b) ensure that when offering transport services in the territory of the capital city of Prague or of the statutory cities, the driver carries with him the original or an officially certified copy of the valid certificate of the municipality of successful completion of the examination referred to in Article 21a (1), provided that the municipality has used the authorisation referred to in Article 21a (1);
(c) within 3 days of being informed of the facts suggesting a loss of integrity or the reliability of the taxi driver carrying out the taxi service for him, make it a written notification to the transport office competent pursuant to paragraph 5;
(d) notify in writing, within 3 days, the loss, destruction, theft or misuse of a taxi driver's licence to the competent authority in accordance with paragraph 5,
(e) within 3 days, notify in writing to the competent authority of the transport undertaking referred to in paragraph 5 the fact that the driver of the taxi service vehicle has not passed on to him a licence for the driver of the taxi service which the carrier is obliged to surrender pursuant to paragraph 12;
(f) in the event of the exclusion of a taxi service vehicle from the register, ensure the immediate removal of the mandatory marking placed on the taxi service vehicle and the dismantling of the taximeter.
(12) The taxi operator shall submit a driver's licence to the competent authority of the taxi service in accordance with paragraph 5 no later than seven calendar days after:
(a) the person in whose name the licence was issued has ceased to work for the taxi operator as a taxi driver;
(b) the driver's taxi licence expired;
(c) the decision taken by the Transport Authority to withdraw the driver's taxi licence has become final;
(d) find or otherwise regain a driver's licence for a taxi service whose loss, destruction, theft or abuse has been notified in writing to the transport authority;
(e) the decision of the trade office to revoke or suspend a taxi operator's right to operate a taxi service has become final;
(f) notify the trade office in writing of the cessation or interruption of the business.
(13) The supervisory authority shall be entitled to retain the driver's licence on the spot for the reasons set out above.
(a) damage to the passenger on the fare;
(b) the absence of proof of payment of the fare from the taximeter printer to the passenger;
(c) disclosure of false information on the ticket payment document;
(d) the performance of the work of the driver of the taxi service without a certificate from the municipality of the examination referred to in Article 21a (1) in the territory of the municipality, which, in a generally binding order of the municipality, provided for the test as a condition for the operation of the taxi service in the territory of the municipality,
(e) the failure to exercise State control over road transport within the meaning of § 34;
(f) use of a vehicle in road traffic, marked or equipped in a way that is interchangeable with a taxi vehicle, although this vehicle is not included in the register of taxis vehicles;
(g) the validity of the licence.
(14) The administrative rules shall not apply to the retention of a licence on the spot itself. The inspection authority shall issue on-site a written confirmation, for example by means of a protocol. The inspection authority shall notify in writing the detention of the driver's taxi licence to the competent transport authority; the notification shall be transmitted without undue delay together with the retained card, no later than the following working day after the date of detention. The competent transport authority shall, within 15 working days of the date of receipt of the notification of the detention of the licence, initiate the procedure for the withdrawal of the driver's taxi licence. The time limit shall be maintained if, on its last day, the notice of initiation of the administrative procedure is submitted to the postal service. If a decision is taken to withdraw the licence, the transport authority shall send it to the transport authority which issued the licence after having obtained the legal authority of that decision. If the Transport Authority decides to return the seized licence, it shall return it to the holder without undue delay.
(15) The driver of the taxi service shall, no later than three days after the date on which the decision to withdraw the taxi driver's licence is taken, transmit the licence to the taxi operator, on the basis of which the notification referred to in Article 21 (5) has been made. The taxi operator to whom the taxi driver's licence has been transmitted shall transmit the card to the transport office which issued the licence.
6a) Act No. 505 / 1990 Coll., on Metrology, as amended.
6b) § 125 (1) of Act No. 140 / 1961 Coll., Criminal Act, as amended.
6c) Decree No 642 / 2004 Coll., implementing the Civil ID Act and the Travel Document Act. ';
6. Paragraph 21a, including footnote 6d, reads:
(1) The capital of Prague, the statutory towns and other municipalities with a population of more than 20 000 may, in a separate capacity 6d) provide for a generally binding decree of the municipality as a condition for the performance of the driver of the taxi service on the territory of the municipality, the obligation to prove by examination of the driver the knowledge of the vicisia, the legislation governing the taxi service and consumer protection, the knowledge of the service of the taxometer and the method of conducting the examination. The municipality shall issue a certificate to the participant of the test and indicate the time and territorial scope of the test. The municipality shall send a copy of the certificate issued to the transport office in whose territory it is located. The certificate shall be a public instrument.
(2) The municipality is authorised, in a separate capacity 6d, to lay down, by a generally binding municipal decree, conditions for the conclusion of a contract with legal or natural persons concerning the use of the site, the conditions for use of the site and the Operating Regulations governing, in accordance with local conditions, operating rules at the taxi station, including price conditions. The operating rules shall be published at the site of the site.
6d) Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended. '
7. The following Sections 34b and 34c are inserted after Section 34a, including the headings and footnotes No 7b, 7d and 7e:
Register of carriers
(1) The register of data on hauliers is kept in the register of hauliers, which is the information system of the public administration under the Special Act 7b), whose administrator is the transport authority.
(2) The Transport Authority shall keep records in the register of carriers:
(a) transport undertakings to which it has delivered an opinion on the concession, including personal data relating to those undertakings listed in the concession note and their amendments;
(b) drivers of a taxi service on whose names they have issued a driver's licence;
(c) vehicles reported to the Transport Authority pursuant to Article 9 (4) (d);
(d) taxis pursuant to Paragraph 21 (1);
(e) documents issued to carriers.
(3) The register of hauliers shall also include data on their financial capacity, reputation, proficiency test and penalties imposed on hauliers or taxi drivers in connection with the operation of the service, for a period of three years from their final location, including data on the driver who has given an immediate reason to initiate an administrative procedure with the carrier in the course of transport. The competent public authorities shall, within 30 calendar days of the final imposition of the penalty, send the final decision to impose a penalty on infringements committed in connection with the operation of transport operations to the competent authority responsible for issuing the concession opinion, as well as notify any changes to the penalties imposed.
(4) The Transport Authority shall allow the register of carriers to be consulted by the Ministry of Transport and the authorities carrying out checks in accordance with the specific rules in the territorial area of the Transport Office which keeps the register.
(5) Upon written request, the Transport Authority shall provide data from the register of carriers:
(a) administrative bodies to the extent necessary to carry out their tasks;
(b) courts,
(c) law enforcement authorities;
(d) municipalities to the extent necessary to carry out their tasks;
(e) natural persons with regard to their data,
(f) other natural or legal persons, subject to the written consent of the person whose data the natural or legal person requests, certified by the competent authority.
(6) The listing of data from the register of carriers is governed, unless otherwise provided for in this Act, by special legislation7d).
Central register of carriers
(1) The records of data collected from the register of hauliers are kept in the central register of hauliers (hereinafter referred to as the "Central Register"), which is the information system of the public administration pursuant to the Special Act 7b), whose administrator is the Ministry of Transport.
(2) The Ministry of Transport in the Central Register processes the data transmitted by the transport authorities from the register of carriers in a manner specified by the Special Law 7e).
(3) The Ministry of Transport provides data from the Central Register only to the bodies referred to in § 34b (5), upon written request.
(4) The extract from the data of the central register is governed, unless otherwise provided for by this law, by special legislation7d).
(5) The implementing act shall lay down the technical means and manner of processing of data in the register of carriers and in the central register of carriers and the way in which data are transmitted from the register of carriers to the central register of carriers.
7b) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.
7d) Act No. 106 / 1999 Coll., on Free Access to Information, as amended.
7e) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
8. in § 35 (1) (g):
"(g) infringes § 9 (2), (4) or § 9a,"
9. § 35a including the title reads:
Application for revocation
(1) The Transport Office, Customs Office or Ministry of Transport shall submit to the competent trade office a proposal for the abolition of trade authorisation (5) to the carrier who has ceased to fulfil the condition of good repute or of financial capacity.
(2) The Transport Authority, Customs Office or Ministry of Transport may, by reason of a serious breach of the conditions laid down by this Act, apply to the competent trade office for the abolition of trade authorisations (5) to the carrier to whom a fine has been imposed repeatedly under this Act. For the purposes of this Act, a repeatedly imposed fine means:
(a) a fine imposed at least three times in accordance with the provisions of Paragraph 35 (1) over the last five years; or
(b) a fine imposed at least twice in accordance with the provisions of Paragraph 35 (2) or (3) over the last five years.
(3) The imposition of a fine under the provisions of Paragraph 35 (4) over a period of the last five years shall also be regarded as a serious breach of the conditions laid down by this Law. '
10. in Article 41 (2) and (3):
(2) The Ministry of Transport will issue implementing legislation for the implementation of Sections 3 (1) (b), 3 (2) and 3 (3), 4 (1), 6 (8), 6 (8), 7 (3), 9 (1), 17 (6), 18 (2), 19a (3), 19 (6), 21 (1), 21 (3), (4), (8) and 11 (a), 22 (5), 30 (2), 34c (5) and 35b (4).
(3) The City of Prague, the statutory cities and other municipalities with a population exceeding 20 000 may, by a general binding decree, adjust the conditions for the operation of a taxi service pursuant to § 21a (1); the municipality may, by a general binding decree, adjust the conditions for the operation of a taxi service pursuant to § 21a (2).
Transitional provisions
1. At the date of entry into force of this Act, the procedures already in place concerning the issue of a driver's licence shall be governed by the legislation in force.
2. The licence of the driver of the taxi service issued before the entry into force of this Act, which is to expire after the entry into force of this Act, shall remain valid for the period specified therein and shall extend to the territory of the whole Republic. This is without prejudice to § 21a.
Amendment of the Road Traffic Act
In Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws, as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll. and Act No. 53 / 2004 Coll., Section 134, paragraph 2 reads as follows:
"(2) Driving licences issued
(a) from 1 July 1964 to 31 December 1993, their holders shall be obliged to replace them by 31 December 2007;
(b) from 1 January 1994 to 31 December 2000, their holders shall be obliged to replace them by 31 December 2010;
(c) from 1 January 2001 to 30 April 2004, their holders shall be required to be replaced by 31 December 2013. ';
EFFECTIVE
This Law shall take effect on 1 July 2005, except for Article I (7), which shall take effect 18 months after the date of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 229 / 2005 Coll., amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and Act No. 361 / 2000 Coll., on Road Traffic and on Amendments to Certain Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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