Act No. 230 / 2014 Coll.
Act amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended
Valid
Law
Effective from 07.11.2014
Text versions:
07.11.2014
23.10.2014
230
THE LAW
of 23 September 2014
amending Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on the operation of roads and on the amendments to certain laws (Act No. 361 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 133 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 264 / 2008 Coll., Act No. 480 / 2006 Coll., Act No. 170 / 2007 Coll., Act No. 215 / 2007 Coll., Act No. 374 / 2007 Coll., Act No. 264 / 2006 Coll.
1. In Paragraph 1, the words "European Union43) 'are replaced by the words" European Union47)';
Footnote 47 reads:
"47) Council Directive 91 / 671 / EEC of 16 December 1991 on the approximation of the laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes. Directive 2003 / 20 / EC of the European Parliament and of the Council of 8 April 2003 amending Council Directive 91 / 671 / EEC on the approximation of the laws of the Member States relating to the mandatory use of safety belts in vehicles of less than 3,5 tonnes. Directive 2006 / 126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences. Directive 2011 / 82 / EU of the European Parliament and of the Council of 25 October 2011 on the facilitation of the cross-border exchange of information on road safety delicacies. ';
footnote 43 is deleted.
2. in Paragraph 80a (1) (f):
"(f) B motor vehicles, with the exception of those referred to in (a) to (e), whose maximum authorised mass does not exceed 3,500 kg, intended for the carriage of not more than 8 persons other than the driver to whom a trailer with the maximum authorised mass may be attached
1. not exceeding 750 kg,
2. exceeding 750 kg if the maximum authorised mass of this combination does not exceed 3,500 kg; or
3. more than 750 kg if the maximum authorised mass of this combination exceeds 3 500 kg but does not exceed 4 250 kg, in the case of an extended licence, ';
3. In Paragraph 80a (1) (g), the words "with a maximum of 8 seating positions other than the driver 'are replaced by the words" intended for the carriage of not more than 8 persons other than the driver'.
4. In Paragraph 80a (1) (h), the words "with a maximum of 8 seating positions other than the driver 'are replaced by the words" intended for transport by no more than 8 persons other than the driver'.
5. in Article 80a (1) (i), the words "with more than 8 seats but not more than 16 seats other than the driver's seat" shall be replaced by the words "intended for carriage by more than 8 persons but not more than 16 persons other than the driver."
6. In Paragraph 80a (1) (j), the words "with more than 8 seating positions other than the driver's seat 'are replaced by the words" intended for the carriage of more than 8 persons other than the driver'.
7. In Paragraph 83 (6) of the Introductory Part of the provision, "(e) and (g) 'is replaced by" (e) and (f)'.
8. Paragraph 90 (2) reads as follows:
"(2) If the applicant for a driving licence has received training and a practical driving test (4) with a motor vehicle equipped with an automatic gearbox, the municipal authority of the municipality with extended scope shall restrict the driving licence for the group concerned only to vehicles with this type of gearbox. A vehicle equipped with an automatic gearbox means a vehicle in which there is no clutch pedal, or, where appropriate, in the case of vehicles whose driving licence is authorised for category A1, A2 or A, the hand lever of the clutch. The restriction of a driving licence shall not be applied if it is a driving licence
(a) for category AM; or
(b) for category C, C + E, D or D + E, where the applicant is already a holder of a driving licence granted for driving vehicles classified in at least one of categories B, B + E, C + E, C1, C1 + E, D, D1 or D1 + E which is not limited to driving vehicles equipped with an automatic transmission. "
9. The following Section 122d is inserted after Section 122c:
(1) The Ministry ensures automated exchange of data on drivers, driving licences and driving licences in a way that allows remote and continuous access. To this end, the Ministry shall ensure:
(a) the release of the data referred to in Article 119 (2) (a), (b), (c), (e), (f), (i), (j), (k), (m), (n), (o) or (s) from the central register to the competent authority of another Member State on request; and
(b) the transmission to the competent authority of that Member State of the requirement of the municipal authority of the municipality with extended scope for the provision of the data referred to in point (a) from the relevant register of another Member State and the transmission of the data provided to the competent municipal authority of the municipality with extended scope.
(2) Data on drivers, driving licences and driving licences may be requested and issued only for the purpose of carrying out checks and administrative procedures relating to driving licences and driving licences. "
10. in Article 125c (1) (d), the words' despite a call under 'are replaced by' contrary to ';
11. in Article 125c (1) (e) (1), the words "under Article 81" shall be deleted;
12. in Article 125e (5), "Article 125d" is replaced by "Article 125f."
13. The following Section 125j is inserted after Section 125i:
(1) Where the suspect of an offence is a person residing in another Member State of the European Union, the municipal authority of the municipality with extended jurisdiction shall send the person, together with the notice of initiation, an information form in the official language of the Member State of the European Union in which the suspect resides. This procedure shall apply where the offence is:
(a) pursuant to § 125c (1) (b), (c), (d) or (f) (1) to (5); or
(b) in accordance with § 125c (1) (k), where the obligation laid down in § 6 (1) has been infringed, the reserved lane has been used in breach of § 14 or § 27 (1) (i) or the prohibition on using the lane provided for in § 71 (2) has been infringed.
(2) The information form must contain a description of the action to identify the place and time of its commission, the identification of the offence whose characteristics it shows, the definition of the penalties that may be imposed for the offence and a reference to this law. In the case of an act identified by means of an automated technical device, the information form shall include the identification details of the device.
(3) The model of the information form shall be laid down in the implementing act. "
14. in § 137 (2), the words "and § 125b (3)" shall be replaced by the words "and § 125b (3) and § 125j (3)";
Transitional provisions
1. Driving licences for Group B granted between 19 January 2013 and the date of entry into force of this Act shall be deemed to be driving licences for Group B granted under Act No. 361 / 2000 Coll., as effective from the date of entry into force of this Act.
2. Driving licences for group D1 granted
(a) they shall remain within their limits before 19 January 2013;
(b) from 19 January 2013 until the date of entry into force of this Act, they shall remain in the territory of the Czech Republic to the extent that the Act No. 361 / 2000 Coll., as effective before the date of entry into force of this Act, is maintained for a period of 5 years from the date of entry into force of this Act.
Amendment of the law on the acquisition and improvement of professional competence for motor vehicles
Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence for the management of motor vehicles and on amendments to certain laws, as amended by Act No. 478 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 411 / 2005 Coll., Act No. 374 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 384 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 301 / 2009 Coll., Act No. 133 / 2011 Coll., Act No. 297 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 375 / 2011 Coll., and Act No. 64 / 2014 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2003 / 59 / EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and amending Council Regulation (EEC) No 3820 / 85 and Council Directive 91 / 439 / EEC and repealing Council Directive 76 / 914 / EEC. Directive 2004 / 66 / EC of the European Parliament and of the Council of 26 April 2004 adapting, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Directives 1999 / 45 / EC, 2002 / 83 / EC, 2003 / 37 / EC and 2003 / 59 / EC of the European Parliament and of the Council and Council Directives 77 / 388 / EEC, 91 / 414 / EEC, 96 / 26 / EC, 2003 / 48 / EC and 2003 / 49 / EC in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation. Directive 2006 / 126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences. Commission Directive 2012 / 36 / EU of 19 November 2012 amending Directive 2006 / 126 / EC of the European Parliament and of the Council on driving licences Commission Directive 2013 / 47 / EU of 2 October 2013 amending Directive 2006 / 126 / EC of the European Parliament and of the Council on driving licences. ';
2. in Article 19 (b) and in Article 45b (3), the word 'not exceeding' is replaced by 'not exceeding' and the words' not exceeding 3 500 kg 'are inserted after' not exceeding 4 250 kg ';
3. In Paragraph 42, at the end of paragraph 1, the sentence "A written record shall be made of the examination of the practical driving."
4. In Paragraph 42 (5), the words "including details of the test record 'shall be inserted after the words" to test'.
5. In Section 62, "Paragraph 42 (4) 'is replaced by" Paragraph 42 (5)';
6. In Annex No 2 to the Introductory Part of the Provisions, the words "meeting below 'are replaced by the words" to'.
7. In Annex 2, points (b) to (d) read:
"(b) for category A1 on a motorcycle without a sidecar having a power capacity of not more than 11 kW, the design speed of which is not less than 90 km.h-1, having a power and weight ratio of not more than 0,1 kW / kg and, in the case of a motor with an internal combustion engine, a cylinder capacity of not less than 115 cm3; in the case of an electric motor with a power and weight ratio of not less than 0,08 kW / kg,
(c) for category A2 on a motorcycle without a side-car with a power capacity of not less than 20 kW but not more than 35 kW, with a power-to-weight ratio of not more than 0,2 kW / kg and, in the case of a motorcycle with an internal combustion engine, a cylinder capacity of not less than 395 cm3; in the case of an electric motor with a power-weight ratio of not less than 0,15 kW / kg,
(d) for category A on a motorcycle without a side-cart having a power capacity of 50 kW or more and a mass in unladen state of not less than 175 kg, having a cylinder capacity of not less than 595 cm3 for an internal combustion engine and having a power and weight ratio of not less than 0,25 kW / kg for an electric motor, ';
8. In Annex 2 (f), the words "but not exceeding 4 250 kg 'shall be inserted after the words" exceeding 3 500 kg' and the word "not exceeding 'shall be replaced by" exceeding'.
9. In Annex 2, point (g), the words "the maximum authorised mass of which exceeds 3,500 kg 'shall be inserted after the words" the combination'.
10. in Annex 2 (j) and (k), the words "with at least 8 forward gear steps" shall be replaced by the words "enabling manual gear shift."
11. in Annex 2 (k), the word "cabin" shall be inserted after the words "at least of width and height."
Transitional provision
Until 31 December 2018, a training vehicle of not less than 40 kW may be used in the training for obtaining a driving licence and a proficiency test for driving category A vehicles. Until 31 December 2018, a training vehicle which does not meet the requirement for a minimum unladen mass as set out in Annex 2 to Act No 247 / 2000 Coll., as effective from the date of entry into force of this Act, may also be used in the teaching and training for the acquisition of a driving licence and in the proficiency test of category A vehicles.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 230 / 2014 Coll., amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2014 |
|---|---|
| Effective from | 07.11.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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