Act No. 239 / 2013 Coll.

Act amending Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Insurance of Liability for Vehicle Operation and on the Change of Certain Related Acts (Act on Vehicle Liability Insurance), as amended by Act No. 307 / 1999 Coll., as amended, and other related laws

Valid Law Effective from 01.01.2015
239
THE LAW
of 3 July 2013
amending Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on the Insurance of Liability for Vehicle Operation and on the Change of Certain Related Acts (Vehicle Liability Insurance Act), as amended by Act No. 307 / 1999 Coll.
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Road Traffic Conditions Act
Čl. I
Act No. 56 / 2001 Coll., on the conditions for the operation of vehicles on the road and on the amendment of Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of the vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of the vehicle), as amended by Act No. 297 / 1999 Coll., as amended by Act No. 347 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 193 / 2003 Coll., Act No. 103 / 2004 Coll., Act No. 342 / 2004 Coll., Act No. 170 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 137 / 2008 Coll., Act No. 333 / 2006 Coll.
1. Paragraph 1 (1), including footnote 16, reads as follows:
"(1) This law incorporates the relevant European Union16 regulations and regulates the following road traffic conditions:
(a) vehicle registration;
(b) technical requirements for the operation of road vehicles and special vehicles and the approval of their technical competence;
(c) the rights and obligations of persons who produce, import and market vehicles;
(d) the rights and obligations of owners and vehicle operators;
(e) the rights and obligations of the technical control station and of the emission measurement station; and
(f) in-service technical checks.
16) Council Directive 1999 / 37 / EC of 29 April 1999 on vehicle registration documents, as amended by Commission Directive 2003 / 127 / EC, Council Directive 2006 / 103 / EC and the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded. Directive 1999 / 94 / EC of the European Parliament and of the Council of 13 December 1999 on the availability of information to consumers on fuel consumption and CO2 emissions from the sale of new passenger cars, as amended by Commission Directive 2003 / 73 / EC, Regulation (EC) No 1882 / 2003 of the European Parliament and of the Council and Regulation (EC) No 1137 / 2008 of the European Parliament and of the Council. Directive 2000 / 30 / EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside checks of commercial vehicles operating in the Community, as amended by Commission Directive 2003 / 26 / EC and Commission Directive 2010 / 47 / EU. Directive 2002 / 24 / EC of the European Parliament and of the Council of 18 March 2002 on the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92 / 61 / EEC, as amended by Commission Directive 2003 / 77 / EC, Commission Directive 2005 / 30 / EC, Council Directive 2006 / 96 / EC, Regulation (EC) No 1137 / 2008 of the European Parliament and of the Council and the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded. Directive 2003 / 37 / EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, and their systems, components and separate technical units and repealing Directive 74 / 150 / EEC, as amended by Council Directive 2004 / 66 / EC, Commission Directive 2005 / 13 / EC, Commission Directive 2005 / 67 / EC, Council Directive 2006 / 96 / EC, Regulation (EC) No 1137 / 2008 of the European Parliament and of the Council, Commission Directive 2010 / 22 / EU and Commission Directive 2010 / 62 / EU. Directive 2007 / 46 / EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive), as amended by Commission Regulation (EC) No 1060 / 2008, Regulation (EC) No 78 / 2009 of the European Parliament and of the Council, Regulation (EC) No 79 / 2009 of the European Parliament and of the Council, Commission Regulation (EU) No 661 / 2009, Commission Directive 2010 / 19 / EU and Commission Regulation (EU) No 371 / 2010, Commission Regulation (EU) No 183 / 2011, Commission Regulation (EU) No 582 / 2011, Commission Regulation (EU) No 678 / 2011 and Commission Regulation (EU) No 65 / 2012. Directive 2009 / 40 / EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (recast), as amended by Commission Directive 2010 / 48 / EU. 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. ';
2. In Article 2 (8), the second sentence is deleted.
3. Paragraph 2 (10) reads as follows:
"(10) The type of road vehicle shall mean road vehicles of a category which conform to at least the essential characteristics. The vehicle type may include variants and versions. The essential characteristics for the identification of vehicle types, variants and versions shall be laid down in the implementing legislation for each category. ';
4. In Paragraph 2, the following paragraph 11 is inserted after paragraph 10:
"(11) The type of system, component or separate technical unit of the vehicle shall mean systems, components or separate technical units which conform at least to the essential characteristics. The essential features for determining the types of systems, components and separate technical units shall be laid down in the implementing legislation. '.
Paragraphs 11 to 17 shall be renumbered paragraphs 12 to 18.
5. In Paragraph 2 (14), the word "Ministry 'is replaced by" Ministry of Transport ("Ministry') '.
6. In Article 2, paragraphs 15 and 16 are deleted.
Paragraphs 17 and 18 shall become paragraphs 15 and 16.
7. Paragraph 2 (15) reads as follows:
"(15) The road vehicle operator shall be the person registered in the road vehicle register as the owner of the vehicle, unless another person is registered in the road vehicle register as its operator. ';
8. In Article 2, paragraph 17 is added:
"(17) A Member State shall mean a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area and the Swiss Confederation. ';
9. In Article 3 (1), the words "and special vehicles' shall be inserted after the words" vehicles'.
10. in Paragraph 3 (1), the second sentence is deleted;
11. in Article 3, the following paragraph 4 is added:
"(4) Road vehicles and special vehicles are divided into basic categories L, M, N, O, S, T and R. The division of road vehicles and special vehicles into categories, the further breakdown of the different categories and their technical description and the way in which vehicles are categorised shall be provided for by implementing legislation."
12. Article 4 to 7, including footnote 1a, 2, 5, 17, 18, 19, 20 and 21, read:
„§ 4
Register of road vehicles
(1) The register of road vehicles is an information system for public administration under the special legislation17), the administrator of which is the Ministry. The register of road vehicles shall contain a record of:
(a) road vehicles, owners and operators of such vehicles;
(b) road vehicles of members of the diplomatic mission;
(c) lost, stolen, damaged and destroyed road vehicle registration certificates, road vehicle technical licences and registration plate plates (registration mark),
(d) assigned special registration marks and lost, stolen, damaged and destroyed tables with assigned special registration mark;
(e) the forms of the road vehicle registration certificate and the road vehicle technical licence, bearing the identification marks and the vehicle registration plate plates produced and unpublished; and
(f) technical data of approved types of road vehicles.
(2) The register of road vehicles shall include:
(a) details of the owner and operator, unless it is identical to the owner, which are:
1. the name and / or surname, address of the place of permanent residence, long-term residence, temporary residence of at least 6 months or other authorised stay and birth number, if any;
2. a trading firm or a name or, where appropriate, a name and surname, or any distinguishing addendum, the address of the permanent residence, the long-term residence, the temporary residence of at least 6 months or other authorised residence, the address of the place of business and the identification number of the person, if any, in the case of the natural person involved; and
3. the business name or name, address of the registered office and identification number of the person, if any, in the case of a legal person;
(b) the registration mark, the date on which the registration plate was assigned,
(c) the number of the road vehicle technical licence, the date and place of issue;
(d) the registration number of the road vehicle,
(e) the date of first registration of the road vehicle;
(f) the State of last registration, the number of the technical licence of the road vehicle issued in the State of last registration and the registration number of the road vehicle, unless the State of last registration is the Czech Republic,
(g) details of the withdrawal of the registration certificate of a road vehicle and the technical certificate of a road vehicle issued by another Member State;
(h) data on the decommissioning and demise of a road vehicle;
(i) details of the export of a road vehicle to another State;
(j) an indication of whether the alert in the register was made following a request made on a proxy basis;
(k) data on insurance of liability for damage caused by the operation of the vehicle (hereinafter referred to as "insurance of liability from the operation of the vehicle") communicated by the Czech Insurances2).
(3) The register of road vehicles shall also include:
(a) the purpose for which the road vehicle is intended;
(b) the type and category of road vehicle;
(c) road vehicle mark, trade name as defined by the manufacturer, vehicle type,
(d) road vehicle identification number (VIN), if not, then the vehicle chassis serial number;
(e) particulars of the manufacturer of the road vehicle, chassis, engine and bodywork within the scope of paragraph 2 (a);
(f) the type, power and capacity of the engine and fuel;
(g) the type, production number and colour of the bodywork, the number of seating and standing positions and, where applicable, beds, dimensions of loading area, volume of cabinet or tank,
(h) an indication of the overall dimensions of the road vehicle;
(i) the maximum technically permissible mass, the maximum authorised mass and the operating mass of the road motor vehicle and the maximum technically permissible axle mass and the maximum authorised axle mass;
(j) the type of coupling device, the maximum technically permissible mass of the laden trailer, the maximum authorised mass of the trailer, the maximum technically permissible mass of the combination and the maximum authorised mass of the combination,
(k) the degree of compliance with the emission level;
(l) details of roadside inspection and technical competence;
(m) data on the approval of the technical competence of a road vehicle;
(n) information on the authorisation of the rebuilding of a road vehicle and the mass rebuilding of a road vehicle type.
(4) In the register of road vehicles, the special registration mark referred to in Sections 38a and 38b shall include:
(a) details of the person who has been assigned to the extent referred to in paragraph 2 (a); and
(b) the date of assignment and withdrawal of the special registration mark.
(5) In the register of road vehicles, the approved type of road vehicle shall include technical information to the extent indicated in the declaration of conformity or to the extent specified in Section 30 (2) (b).
(6) The scope and content of the data referred to in paragraph 2 (g), (h), (i) and (k) and in paragraph 3 of the Road Vehicle Register shall be determined by implementing legislation.
§ 4a
(1) The Ministry of Interior, Police of the Czech Republic or the Czech Statistical Office provide the Ministry of Transport and the municipal authorities with extended competence for the exercise of their powers 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) the address of the place of stay,
(d) the date of death; where a court decision on a declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired; and
(e) citizenship and, where appropriate, multiple citizenship.
(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; and
(f) the address of the registered office of the legal person or the address of the place of business of the natural person.
(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) birth number,
(d) citizenship;
(e) the address of the place of permanent residence;
(f) depriving or restricting legal capacity;
(g) the date of death; and
(h) the date given in the court's decision on the death declaration 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) birth number,
(d) citizenship and, where appropriate, multiple citizenship;
(e) the type and address of the place of stay;
(f) the beginning of the stay or, where appropriate, the date of termination of the stay;
(g) depriving or restricting legal capacity;
(h) the date of death; and
(i) the day on which, in the judgment of the court, the declaration of death 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) From the information system of the technical inspection stations with the municipal offices of the municipalities with extended competence for the purpose of maintaining the register of road vehicles, they provide data on technical inspections.
§ 5
(1) The Ministry shall enter in the register of road vehicles the data and their changes in the register referred to in Article 4 (1) (b), (e) and (f). The municipal authority of the municipality with extended scope shall enter in the register of road vehicles the data and their changes in the register referred to in § 4 (1) (a), (c) and (d).
(2) The information in the register referred to in Article 4 (1) (a) and (c) shall be entered by the municipal authority of the municipality with extended scope, in whose administrative district the vehicle operator has permanent residence, long-term residence or temporary residence of at least 6 months in the calendar year in which the citizen of another Member State is involved, or other authorised residence, in the case of a natural person, or the registered office or place of business, in the case of a legal or commercial natural person. The information in the register referred to in Article 4 (1) (d) shall be entered by the municipal authority of the municipality with extended competence, in whose administrative district the holder of the special registration mark or its table shall have its registered office in the case of a legal person or place of business, in the case of an undertaking natural person.
(3) The Ministry will provide the Police of the Czech Republic and the Military Police with data from the register of road vehicles, except for the registration provided for in Article 4 (1) (b) in a way that allows remote and continuous access.
(4) The Ministry shall ensure in a way that allows remote and continuous access to the data from the register of road vehicles, with the exception of the register referred to in Article 4 (1) (b)
(a) the municipal police to the extent necessary to establish the identity of the vehicle operator to whom an offence has been committed in the territory of the municipality;
(b) regional authorities and municipal authorities with extended competence to the extent necessary for the purposes of carrying out the control and conduct of administrative proceedings under this Act, the Road Law or the Road Traffic Act; and
c) Fire department of the Czech Republic for the purpose of rescue and disposal work and planning and implementation of emergency measures.
(5) The Ministry will ensure the provision of data from the register of road vehicles in a way that allows remote and continuous access, with the exception of the registration referred to in Article 4 (1) (b), to the extent that:
(a) pursuant to Articles 4 (2) (a), 4 (3) (b), (h) and (i) and 4 (4) (a)
1. the electronic toll system operator for the purpose of recovering the toll due; and
2. Customs administration of the Czech Republic for the purpose of exercising supervision over the fulfilment of the obligations of the vehicle operator in the electronic toll system,
(b) pursuant to § 4 (2) (a) and (b) and § 4 (4) (a) of the Czech Environmental Inspection Office for the purpose of carrying out control and conduct administrative proceedings under a special law; and
(c) pursuant to § 4 (2) (a), (b), (e) and (f) and § 4 (3) (b), (f), (k) and (n) of the Ministry of the Environment for the purpose of distributing emissions plaques under a special law.
(6) The municipal authority of the municipality with extended scope shall, upon request, provide data from the register of road vehicles
(a) a natural or legal person who demonstrates a legal interest in the provision of data; the legal interest is not demonstrated by the owner or the road vehicle operator in the case of data relating to that vehicle; and
(b) a public authority to the extent necessary to exercise its competence.
(7) The Ministry ensures automated exchange of data on road vehicles, their owners and operators according to the European Union Regulation (18). To this end, the Ministry
(a) ensure, in a way that allows remote and continuous access to data pursuant to Article 4 (2) (a) to (f), (h) and (i) and Article 4 (3) (b) to (e) and data on the theft of a road vehicle to the competent authority of another Member State of the European Union pursuant to the European Union Regulation (18), upon request; data on the theft of a road vehicle for this purpose shall be provided by the Police of the Czech Republic in a manner enabling remote and continuous access from police records,
(b) forward the request to the competent authority of another Member State of the European Union by the Czech Police, Customs Administration or Fire Department of the Czech Republic for the provision of data on road vehicles, their owners and operators in accordance with the European Union Regulation (18) and the data provided; and
(c) transmit to the competent authority of another Member State of the European Union, in accordance with European Union Regulation (18), the requirement of the municipal authority of the municipality with extended competence to provide data on road vehicles, their owners and operators.
(8) The implementing act lays down the manner in which the road vehicle register is maintained, the manner and form in which the data are entered in the road vehicle register, the details of the data entered in the road vehicle register and the model of the application for data from the road vehicle register.
§ 6
(1) A road motor vehicle and a trailer operating on the road must be entered in the register of road vehicles if the person operating it has it in the Czech Republic
(a) permanent residence, long-term residence or, in the case of a citizen of another Member State, temporary residence of at least 6 months in a calendar year or granted asylum; or
(b) the registered office in the case of a legal person.
(2) Where a road motor vehicle or trailer is operated in international traffic under an international road traffic contract (19) for a period not exceeding 6 months in a calendar year, paragraph 1 shall not apply.
(3) The municipal authority of the municipality with extended scope shall register the road motor vehicle or trailer in the register of road vehicles on the basis of a written request by the owner of the road vehicle or, where applicable, a joint application by the owner and the person who appears in the application as the road vehicle operator if:
(a) the technical capability of a road vehicle to operate on the road has been approved;
(b) the liability insurance obligation for vehicles is fulfilled (5) concerning such vehicles;
(c) a value added tax has been paid on the acquisition of a road vehicle from another Member State, provided that specific legislation so provides;
(d) the road vehicle is not kept missing or stolen in the Schengen Information System (20) or in the Information System of the Police of the Czech Republic or this information is not established in accordance with the procedure laid down in Section 5 (7); and
e) the road vehicle operator has in the Czech Republic
1. permanent residence, long-term residence or, in the case of a citizen of another Member State, temporary residence of at least 6 months in a calendar year, or granted asylum; or
2nd seat, if a legal person is involved.
(4) The application for registration of a road vehicle in the register of road vehicles must contain:
(a) indication of the type and category of road vehicle, the mark and trade name established by the manufacturer, the type of road vehicle, the trade mark, the number of the road licence, the approval number of the technical capacity of the road vehicle and the purpose for which the road vehicle is intended,
(b) particulars of the owner of the road vehicle as referred to in Article 4 (2) (a);
(c) particulars of the road vehicle operator as referred to in Article 4 (2) (a), if the owner is not the owner of the vehicle at the same time;
(d) in the case of road motor vehicles equipped with a recording device in accordance with the directly applicable European Unie1a Regulation, also an application for the issue of a business memory card; and
(e) officially certified signature or recognised electronic signature (21) of the applicant; This does not apply if the municipal authority of the municipality with extended scope checks the identity of the applicant or the applicant is represented by a power of attorney.
(5) The applicant shall accompany the application for registration of a road vehicle in the register of road vehicles:
(a) evidence of the technical competence of the vehicle:
1. road vehicle registration;
2. a declaration of conformity, if the technical certificate has not been issued,
3. a certificate of registration of a road vehicle issued by another Member State and, if issued, the registration of that road vehicle;
4. a decision by the municipality with extended scope to approve the technical competence of an individually imported road vehicle; or
5. a certificate of individual vehicle approval valid in all Member States;
(b) evidence of a technical inspection in the case of a road vehicle operated, with the exception of vehicles pursuant to § 40 (2) to (4);
(c) a report on the registration of a road vehicle, in the absence of a new vehicle;
(d) a green card issued under the Vehicle Liability Insurance Act (5),
(e) proof of residence permit, asylum granted in the Czech Republic or of the duration of the transitional stay, unless the road vehicle operator is permanently resident in the Czech Republic,
(f) a certificate of payment of value added tax in the case of acquisition of a new means of transport from another Member State; and
(g) documentation containing information to the extent necessary for the issue of a vehicle technical licence, unless it is included in the document referred to in (a).
(6) If the authorisation to be represented when a road vehicle is entered in the register of road vehicles is demonstrated by written force, the authorisation shall be signed by an officially certified signature or by a recognised electronic signature of the principal.
(7) The model application for registration of a road vehicle in the register of road vehicles shall be laid down in the implementing legislation.
§ 7
(1) The municipal authority of the municipality with extended competence when entering a road vehicle into the register of road vehicles to the applicant
(a) issue a technical licence or enter on the road vehicle technical licence the particulars of the owner of the road vehicle and the particulars of the road vehicle operator, if the owner is not the road vehicle operator at the same time, and the registration mark;
(b) issue a certificate of registration for a road vehicle; and
(c) withdraw the registration certificate of a road vehicle and the registration of a road vehicle if it has been issued in the case of a vehicle registered in another Member State and forward it to the Ministry on request.
(2) If they do not assign a registration mark in accordance with the procedure laid down in Section 7b, the municipal authority of the municipality with extended competence when entering a road vehicle in the road vehicle register shall also assign a registration mark to the road vehicle and issue to the applicant a plate with an assigned registration number corresponding to the vehicle category.
(3) The registration mark consists of a combination of large letters of the Latin alphabet and Arabic numerals.
(4) When issuing the plates bearing the registration mark referred to in paragraph 2, the municipal authority of the municipality with extended scope shall affix one of the published tables to the label indicating the date of the periodic technical inspection.
(5) The Ministry shall notify the competent authority of another Member State within two months of the entry of the road vehicle into the register of road vehicles of the withdrawal of the registration certificate and the technical licence of the road vehicle which was registered in the register of another Member State at the date of registration. At the request of the competent authority of another Member State, the Ministry shall return the withdrawn registration certificate and the technical document to that authority within 6 months of their withdrawal.
(6) The implementing legislation sets out the model of the technical licence and the method for carrying out the registration in the road vehicle technical licence, the model of the certificate of registration of the road vehicle, and the types, form, content and structure of the registration mark and the implementation of the registration plate.
(1a) Council Regulation (EEC) No 3821 / 85 on recording equipment in road transport, as amended.
2) Article 15 (2) of Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 47 / 2004 Coll. and Act No. 137 / 2008 Coll.
5) Act No. 168 / 1999 Coll., as amended.
17) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 239 / 2013 Coll., amending Act No. 56 / 2001 Coll., on the Conditions of Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Insurance of Liability for Damage Caused by Vehicle Operation and on the Amendment of Certain Related Laws (Vehicle Liability Insurance Act), as amended by Act No. 307 / 1999 Coll., as amended, and other related Laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation06.08.2013
Effective from01.01.2015
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History