Act No. 256 / 2002 Coll.
Act amending Act No. 13 / 1997 Coll., on Road, as amended
Valid
Law
Effective from 01.01.2003
Text versions:
01.01.2003
28.06.2002
256
THE LAW
of 24 May 2002
amending Act No. 13 / 1997 Coll., on roads, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 489 / 2001 Coll., is amended as follows:
1. In Article 9 (3), the heading "30 'is replaced by" 35'.
2. the following Part Four is inserted after Part Three, including footnotes 8 (a) and 8 (b):
TRANSFER OF THE PERFORMANCE OF CERTAIN RIGHTS AND THE OBLIGATIONS OF THE STATE IN CONNECTION WITH THE EXPENSES, OPERATIONS AND MAINTENANCE OF THE AVIATION
The construction, operation and maintenance of the motorway may be financed and ensured by means of a contract to transfer the exercise of certain rights and obligations of the State as the owner of the motorway (hereinafter referred to as the "licence contract ') to a legal person (hereinafter referred to as" the concessionaire') chosen in accordance with the procedure laid down in the Law on the approval of public contracts. 2b)
The compensation for the construction, operation and maintenance of the motorway shall be granted to dealers, on the basis of a licence contract, gradually depending on the risk distribution arrangement contained in the concession contract, after completion of the construction of the motorway from the revenues of the State Fund for Transport Infrastructure intended to finance the construction, modernisation, repair and maintenance of motorways. (a)
The concessionary contract with the concessionaire shall be concluded on behalf of the State by the Ministry of Transport and Communications after consulting the Ministry of Finance with the prior approval of the Government.
(1) By the Concessionary Treaty, the State undertakes to give the concession holder a territorial decision on the construction of the motorway. The concessionaire undertakes to ensure, at its cost, the financing and construction of the motorway, its operation and maintenance in the territory designated in the territorial decision. Concessionary contracts shall be concluded for at least 25 years (hereinafter referred to as "licence periods').
(2) The compensation provided for in Paragraph 18b may be granted to the concessionaires from the date of the start of operation on the completed motorway.
(3) At the end of the contract period, the concessionaire is obliged to surrender a built and operated motorway, including its accessories, to the State and the State undertakes to take over the motorway if its construction and transport conditions correspond to those laid down in the concession contract. The surrender and acceptance of the motorway shall include a joint declaration on the mutual settlement of all commitments under the concession contract.
Content of the concession contract
The contract shall contain:
(a) the definition of the section of the motorway which is subject to construction, operation and maintenance and the time limit for its construction;
(b) the determination of the amount of the total investment and the return on the funds spent;
(c) setting out the technical criteria for the construction, operation and maintenance of the motorway section and the method of checking their compliance;
(d) an undertaking by the State to transfer to the concessionaries of the territory designated by the territorial decision for the construction of the motorway section;
(e) the distribution of risks between the State and the concessionaires during the construction, operation and maintenance of the motorway section and the undertaking of the concessionaire to take over the territory;
(f) the concession holder's commitment to finance and ensure the construction, operation and maintenance of the motorway section according to the parameters laid down in the contract;
(g) an undertaking by the concessionaire to ensure that the project documentation for the construction of the motorway and the building permit for the construction of the motorway is processed;
h) the obligation of the concessionaire to conclude with the insurance undertaking which is authorised to conduct insurance activities in the Czech Republic, 8b) the insurance of assets and liability insurance,
(i) the undertaking by the State to transfer in the contract the rights and obligations of the State as owner of the motorway to the concessionaire at the price agreed in the contract and the undertaking by the concessionaire to take over those rights and obligations from the State at the agreed price;
(j) determining the period during which the section of the motorway will be operated and maintained by the concessionaire;
(k) defining the construction and transport state of the motorway at the time of its surrender by the concessionaire and taking over by the State after the end of the concession period;
(l) an undertaking by the concessionaire to transfer the section of the motorway to the State in the construction and transport conditions laid down in the contract and to take over it after the agreed time has elapsed;
(m) a commitment by the concessionaire to provide the Ministry of Transport and Communications on a quarterly basis with written information on the progress of construction, ways of ensuring the operation, repair and maintenance of the motorway;
(n) an undertaking by the concessionaire to provide, at the request of the Ministry of Transport and Communications, the information necessary to verify the duration of the conditions laid down in the concession contract;
(o) grounds for withdrawal;
(p) mutual settlement arrangements in case of withdrawal;
(r) penalties in the event of non-compliance.
(1) Where the concessionaire carries out activities other than the construction, operation and maintenance of the motorway, he shall be obliged to keep separate cost, revenue and revenue accounting for those activities, including sales; funding from public-funded activities may not be used to finance other activities.
(2) For the duration of the concession contract, the concessionaire shall be responsible for the construction, operation and maintenance of the motorway and for compliance with the construction and transport technical condition of the motorway provided for by this Act.
8 (a) § 4 of Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic, on transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended.
8b) Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended. '
Parts four to seven shall be referred to as parts five to eight.
3. In Article 25, the following point (g) is added to paragraph 6, including footnote 13a:
"(g) exceptional use of local communication and road by self-propelled machinery and tractor trailers which do not have approved technical competence under specific legislation. 13a)
13a) 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 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. 307 / 1999 Coll. '.
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
Zeman v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 256 / 2002 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
Comments 0