Act No. 27 / 1984 Coll.
Act amending and supplementing Act No. 135 / 1961 Coll., on Road Transport (Road Law)
Valid
Effective from 01.07.1984
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27
THE LAW
of 21 March 1984
amending and supplementing Act No. 135 / 1961 Coll., on Road Transport (Road Law)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 135 / 1961 Coll., on Road (Road Law), is amended as follows:
1. Paragraph 1 (1) of the second sentence reads:
"Ground communications shall be built, reconstructed, managed and maintained in accordance with the principles of state transport policy, the concept of the development of the transport system and with regard to environmental protection. ';
Article 2 (1) reads as follows:
"(1) Construction and reconstruction of infrastructure shall be carried out on the basis of national economic plans. The construction and conversion of motorways, roads and local roads are planned by road administrations, the construction and conversion of special-purpose roads are planned by the organisations that manage them. '
3. In Article 2 (2), the words "zoning plans of territories and settlements' are replaced by" zoning documentation ';
4.
Road administrations
(1) State administration in the field of road transport is carried out by the road authorities, which are the Federal Ministry of Transport, the central administrative authorities in the matters of transport of Republics and the national committees of all stages 1)
(2) The Federal Ministry of Transport is responsible for the performance of the State Administration in Motorways.
(3) It is the responsibility of the Central Authorities of the Republic in matters of transport
(a) establish guidelines for road policy and development of the road economy, including organisational structure and management;
(b) to provide construction equipment for the road network according to the needs of road transport and state defence;
(c) to decide on the inclusion of newly built roads in the road network, on their reassignment and, where appropriate, their decommissioning, as well as on the reassignment of local roads and special-purpose roads into the network;
(d) determine the classes of each road pull;
(e) establish and maintain a central road register;
(f) provide the necessary supporting documents for the authorisation of intermediate shipments of articles and vehicles of a total weight of more than 60 tonnes, in particular proposing appropriate routes for such shipments to regional national committees; routes which go beyond the territory of the Czech Socialist Republic or the Slovak Socialist Republic, always propose, in cooperation with each other, the two central government bodies in matters of transport of the Republic.
(4) The Regional National Committees are responsible for:
(a) authorise the carriage of particularly heavy or large objects and vehicles where the transport route exceeds the territorial perimeter of one district or region;
(b) to permit closures and to establish stops on first-class roads;
(c) to decide on the connection of roads, local roads and special purpose roads to first-class roads, the modification or cancellation of such connections, as well as on the setting up or cancellation of first-class ramps to neighbouring properties.
(5) It is for the Regional National Committees to exercise state administration in road matters in all cases, unless the provisions of the law provide otherwise.
(6) Local national committees are responsible for the exercise of public administration in local and special-purpose communications. "
5. The following Sections 3a, 3b, 3c and 3d are inserted after Section 3:
Special construction offices
(1) The competence of the Special Building Office (2) for motorways is exercised by the Federal Ministry of Transport.
(2) The competence of the special construction office for roads, local communications and special purpose communications is exercised by the district national committees.
Road connection
(1) The infrastructure connection, the setting-up of road or local roads to neighbouring properties, the modification or cancellation of road connections and ramps or local roads to neighbouring properties shall be decided by the competent road administration with regard to the protection of the infrastructure concerned and the safety of traffic.
(2) The general rules on administrative procedures shall not apply to decisions referred to in paragraph 1.
State expert supervision
(1) State expert road surveillance shall be carried out by:
(a) over motorways, the Federal Ministry of Transport,
(b) over roads of regional national committees and district national committees;
(c) local and special-purpose communications by local national committees.
(2) The authorities of the State shall ensure that the infrastructure is protected and shall ensure that the obligations and conditions for the use of the infrastructure laid down by this law, the provisions issued for its implementation, as well as the measures of the road administrations are respected.
(3) If the national professional surveillance authority finds a defect, it shall invite the organisation, and where appropriate, according to the nature of the case, directly to the worker responsible for compliance with the obligations laid down, to remedy; in the exercise of supervision, it may give orders and prohibitions as well as take appropriate interim measures to remedy the defects.
(4) In the absence of a remedy, the Authority shall issue a decision ordering the remedy and, where appropriate, the cessation of illegal activities.
(5) Personnel entrusted with the exercise of state professional supervision shall be obliged to lead users to the protection and maintenance of infrastructure. They shall be entitled to establish the identity of the persons whose actions threaten to communicate or operate on the road. They shall be required to show a check badge and a service pass. In the performance of their duties, they shall use the experience and initiatives of the workers, cooperate with the control authorities and with the bodies of the social organisations, in particular the Revolutionary Trade Union Movement.
(6) Supervision of state professional supervision of roads, local roads and special-purpose roads is the responsibility of the central authorities in the transport of Republics (top state professional supervision).
Management of national property
(1) Infrastructure management is responsible for:
(a) if there are motorways, organisations set up and managed by the Federal Ministry of Transport for this purpose;
(b) if the roads are concerned, the district national committees or organisations set up by them for that purpose;
(c) where local communications are concerned, local national committees or organisations set up by them for that purpose,
(d) where there is special purpose communication, organisations to which they serve wholly or principally.
(2) State socialist organisations and national committees responsible for the management of the infrastructure referred to in paragraph 1 (hereinafter referred to as "road managers") are required to maintain such national assets in a state appropriate to the purpose for which it was designated and to comply with the obligations laid down by the provisions on the management of national assets. This shall apply mutatis mutandis to socialist organisations other than state organisations that have special purpose communications owned or permanently used. '
6. The heading of the second part shall read:
"ALERT, STRENGTH AND LOCAL COMMUNICATIONS."
7.
"Use and protection of motorways, roads and local roads."
8.
Motorways
The highways are built as a line-by-line communication with all other roads. "
9. The following Sections 4a and 4b are inserted after Section 4:
Road
(1) Roads, including transit sections in cities and municipalities, are roads included in the road network. The road network shall also include infrastructure outside the territory built or intended for continuous construction which connects railway stations, airports for scheduled public transport and public ports with motorways and roads, provided that it does not serve as a purpose communication primarily for the operation or management of such facilities.
(2) The effective organisation of the road network shall be ensured by the construction of new roads or by the inclusion of local roads and, where appropriate, special purpose roads in the road network. Roads which are not needed for the purpose of the effective organisation of the road network may be taken out of the network and placed in the local communications network or transferred as special-purpose communications or cancelled.
Local communication
(1) Local roads are generally accessible and used streets, roads and spaces that serve local transport and are included in the local communications network.
(2) Local communications networks shall be built and maintained in accordance with the territorial planning documentation in such a way as to facilitate settlement and meet the needs of local and, where appropriate, agricultural transport, and, if general interests so require, the needs of long-distance transport and the needs of state defence. "
10. The heading of Section 5 reads:
"Motorways, roads and local roads components."
11. in Article 5, the words "roads" are replaced by the words "motorways, roads and local roads."
12.
General use
Road traffic shall be governed by specific rules; within their limits, everyone may use motorways, roads and local roads in the normal way for the purposes for which they are intended (general use). The user must adapt to the construction and transport conditions of the communication concerned; shall not damage or pollute it. ';
13.
Closure and detour
The operation on motorways, roads and local roads may be partially or completely closed, or a detour may be ordered, if necessary by general interests, in particular those of transport safety or those of construction, maintenance or protection of motorways, roads or local communications. The closure and detour shall be decided by the competent road administration in agreement with the traffic inspector.3) Motorway, road or local road users shall not be entitled to reimbursement of any higher costs incurred by them as a result of the closure or detour; However, the competent road administrative authority shall ensure that the closure is always limited to the shortest possible time and that the detour is properly technically secured and is as advantageous as possible. ';
14.
Special use
(1) For the use of motorways, roads and local roads, other than in the normal way or for purposes other than those for which they are intended (specific use), the authorisation of the relevant road administration body, issued in agreement with the traffic inspector, may be required; (3) The road administration may provide for conditions of special use in the authorisation and, for their non-compliance or in the general interest, may cancel the authorisation granted. No authorisation is required for vehicles of armed forces and armed corps.
(2) The authorisation for the specific use of the motorway, road and local communication does not relieve the user of the obligation to replace pursuant to § 9 (5) to (8). "
15.
Traffic security and meeting conditions
(1) Defects in the mobility of motorways, roads and local roads are without delay obliged to remove their administrators.
(2) Defects in the compliance of pedestrian crossings on local roads and transit sections of roads by cities and municipalities, as well as defects in the conformity of local roads exclusively intended for pedestrians, are required to remove local road managers. Defects in the walkways adjoining the property which is located in the built-up territory and bordering road or local road are required to be removed without delay by owners, managers or users of real estate, if these defects are caused by pollution, ice or snow.
(3) The scope of the obligations referred to in paragraph 2 shall be governed by their generally binding regulations, taking account of local circumstances.
(4) Chemical sprinkler materials may be used in accordance with specific regulations and only where strictly necessary for the removal of defects in the run-up or meeting conditions. The method and extent of their use shall be laid down in the implementing Regulation.
(5) In the event of pollution of the motorway, road or local communication that causes or is likely to cause a fault in the runway, the person responsible for the pollution shall remove it without delay and place the communication in its original state; If not, it shall pay the communication manager the costs associated with the removal of pollution and the introduction of the communication into its original state.
(6) In the event of damage to a motorway, road or local communication that causes or may cause a failure in the range, the person who caused the damage shall be obliged to pay the manager of the communication the costs associated with the removal of the damage and putting the communication into its original state, unless he agrees with the controller that the damage will be removed himself.
(7) The provisions of paragraphs 5 and 6 shall also apply in the event of damage or pollution which causes or may cause a fault in the passages for pedestrians on local roads and transit sections of roads of cities and municipalities, local roads intended exclusively for pedestrians and pedestrians.
(8) Where there is a dispute over the reimbursement of costs referred to in paragraphs 5 and 6, they shall be decided by the competent road administrative authority.
(9) Special arrangements shall apply for the reimbursement of the costs of the removal of damage or pollution caused by vehicles of the armed forces and armed forces. '
16. The following Section 9a is inserted after Section 9:
Liability for damage caused to users of motorways, roads and local roads
(1) Users of motorways, roads or local roads are not entitled to compensation for damage arising from the construction or transport state of motorways, roads or local roads.
(2) However, road, road and local road managers are responsible for the damage caused by the users of such roads, which were caused by deficiencies in the mobility, unless they prove that it was not within the limits of the possibility to eliminate these defects or to draw attention to them in the prescribed manner.
(3) Local road managers are responsible for the damage caused by failures in the walkways on local roads and transit sections of roads, towns and municipalities, local roads intended exclusively for pedestrians and pedestrians, unless they demonstrate that it was not within the limits of the possibility to eliminate these defects or to draw attention to them in the prescribed manner.
(4) Owners, administrators or users of real estate bordering a road or local road in a built-up territory are responsible for damage caused by defects in the walkways which have been caused by pollution, ice or snow and have not been removed without delay. "
17.
Protection of motorways, roads and local roads
(1) No one may threaten or impede the maintenance of motorways, roads or local communications and their operation. In order to avoid such a threat, the competent road administration shall take the necessary measures in agreement with the authorities involved; it may also be decided after prior notification of the person who caused the threat that the necessary measures will be carried out on its cargo.
(2) Owners, administrators or users of property in the vicinity of the motorway, road or local road must allow the competent road administration to take the necessary measures on their land to prevent the landslides of rocks and land, the fall of rocks and trees and to allow water to drain, where such a risk arises by the construction or operation of a motorway, road or local communication, or by natural influences; However, if such a risk arises from the conduct of owners, administrators or users of neighbouring properties, they shall be obliged to take the necessary measures on the land concerned with their own costs. ';
18. Paragraph 11 (1) reads as follows:
"(1) Road protection zones are used to protect and operate motorways, roads and local roads outside the territory built or intended for continuous construction. For each type and category of such communication, the width of the protection zones shall be determined by an implementing regulation, for motorways and roads of higher classes in the range of 50 to 100 metres from the adjacent road axis, for roads of lower classes and for local roads 15 to 25 metres from the road axis. The road protection zone for newly built or reconstructed motorways, roads and local communications shall be established on the date on which the territorial decision becomes legal. ';
19. in Article 11 (2) and (3), the word "road" shall be replaced by the words "motorway, road or local communication," the words "district national committee" shall be replaced by the words "road administrative authority" and the words "owner (user) of real estate" shall be replaced by "owner, administrator or user of real estate."
20. The heading of Section 12 reads:
"Protection of the construction of motorways, roads and local roads."
21. In Article 12, the word "road" is replaced by the words "motorway, road and local roads," the words "building permits" and the words "building regulations" are replaced by "urban planning and construction rules."
22. In Article 13, the word "road 'is replaced by" motorways, roads and local roads', the words "road economy organisation 'are replaced by the words" road manager' and the words "district national committee 'are replaced by the words" competent road administration'; the words "and the placing of aerial and underground lines of all kinds' shall be deleted.
23.
Road greenery
The road authorities shall ensure that appropriate road greenery are grown on the road auxiliary land or on other suitable land forming part of motorways, roads and local roads (slopes of hoppers, breaks and the like), appropriate to local conditions; the use of such land for the purpose of the management of motorways, roads or local roads or for the management of neighbouring land shall not be jeopardised or disproportionately impeded. ';
24. In Article 15, the words "national committees and road economic organisations' are replaced by the words" relevant road administrations and road managers' and the words "road 'are replaced by the words" motorways, roads and local roads'.
25.
"Construction and contact with motorways, roads and local roads'.
26. Paragraph 16, including the title, reads:
Authorisation of buildings
A building permit issued by a special construction office pursuant to special regulations is required to start and to change the motorway, road or local communication. 2) When issuing a building permit, protection of the agricultural land fund (in particular arable land), the forestry fund, mineral wealth, the environment, as well as the protection of other general interests should they be affected by the construction. '
27. In Paragraph 17, the word "roads' is replaced by the words" motorways, roads and local roads' and the words "building rules' are replaced by" zoning and construction rules'.
28. Paragraph 18, including the title, reads:
Relations with other roads, all kinds of lines, waters, water management and other parts and with territories in which minerals are conquered
(1) Where necessary for technical reasons, or where the general interest so requires, motorways, roads and local communications may cross other communications, water, water and other works, as well as the territory in which minerals are taken, or otherwise affect them or may be crossed or otherwise affected by them, in a manner proportionate to the needs of the national economy and local conditions, so as to minimise prejudice to the interests of the participating organisations (authorities).
(2) New crossing of roads and local roads with runways is established fundamentally outside the track level; the exemptions are authorised by the competent road administration in agreement with the transport inspector and with the approval of the Federal Ministry of Transport. Existing crossings at track level must be gradually replaced by extra-level crosses as planned.
(3) Electrical, telecommunications, water supply, sewage and other lines, heat and heating gas distribution equipment (hereinafter referred to as "lines"), unless established for the purposes of motorways, roads or local roads, may not be located in their bodies and on auxiliary road land, except as provided below.
(4) In the construction of new settlements and in the complete reconstruction of existing buildings, without the approval of the relevant road administration, it is permitted to place the lines in the pavement and adjacent green belts in cable channels, collectors and stalls; The sewage line can be located throughout the whole road body or local communication. In the area built, it is also permitted to establish water lines without consent in the body of roads and local roads in cases where the possibility of another technical solution is excluded without excessive cost and other lines are allowed to be placed in pavements and adjacent green belts; The main water distribution lines are allowed in the first class of road. In the case of the renewal or reconstruction of a water supply line, except for the main water supply line stored in the first class of road or in the reconstruction of the water supply line, the investor is obliged to store the line in the protectors or collectors.
(5) On the basis of the authorisation of the appropriate road administration, a telecommunications underground line may be set up in a built-up territory in a road body and local communications without the obligation to store it in a cable channel or collector and heat and heating gas distribution equipment in cases where other technical solutions are excluded without excessive cost.
(6) In order to place the lines on motorways, roads and local roads or in their bodies, to carry out the planned repairs and maintenance of these lines and to remove them, the agreement of the appropriate road administration shall be required. The general rules on administrative procedures shall not apply to the granting of consent.
(7) Outside the territory built up, the competent road administration may, in cases where the possibility of other technical solutions is excluded without excessive costs, permit cross-country cross-country lines to cross-border with motorways, roads or local roads; Such crosses shall be established in protectors or collectors, where appropriate, so as to avoid disruption of the motorway, road or local communications during their maintenance and repair. Also, the location of telecommunications underground lines on road auxiliary land may be authorised by the competent road administration.
(8) Leadership, which by its location and technical implementation does not comply with the provisions of this law, must be gradually relocated within the framework of the planned reconstruction. The competent communication administrator shall discuss with the management administrators located in the body of the motorway, road or local communications whose condition endangers such communication or use, in particular the safety of traffic on them, the manner and time limits of their transfer or removal. If no agreement is reached, the competent road administrative authority shall decide.
(9) If motorways, roads or local roads are to be abolished as a result of other investment construction, the investor of such construction is obliged to ensure the construction of a replacement motorway, road or local road corresponding to transport needs.
(10) Otherwise, the contact of motorways, roads and local roads with routes of all kinds, with waters, water management and other parts and with the territory in which minerals are taken, as well as the crossing of roads and local roads with railways, the security of such crossings and the use of roads and local roads for railway lines shall be subject to specific rules. ';
29.
Use of motorways, roads and local roads in construction
(1) Where construction or mining works requiring a building permit or, where appropriate, an approval under special regulations, or for landscaping, works and equipment requiring the permission of a building office, the roads or local roads whose construction equipment does not correspond to road traffic, the documentation of such buildings must provide for the necessary communication arrangements, in agreement with its administrator. If no agreement is reached, the scope of the necessary communication arrangements shall be determined by the competent road administration; the implementation of such adjustments on own account shall be ensured by the investor or, where applicable, the user of the construction.
(2) The provisions of paragraph 1 also apply to road and local road modifications, the construction of which no longer corresponds to the subject matter of the organisation which uses them.
(3) The obligation to pay the costs referred to in paragraphs 7 and 8 of Article 9 is without prejudice to the provisions of paragraphs 1 and 2. "
30. The designation of Part Three shall be deleted.
31. Paragraph 20, including the title, reads:
Fixed obstacles on motorways, roads and local roads
Subject matter constituting a fixed obstacle shall not be placed on the road and road, road and local roads, except for road signs and transport equipment. Existing fixed barriers shall be removed within the time limits laid down in the implementing regulation. In justified cases, exemptions from this prohibition shall be granted by the Road Administration, which may also provide for different time limits for removing the pillars of the overhead lines. ';
32. The heading of Part Four reads:
"ACCOUNTING COMMUNICATION '.
33. Paragraph 21 is deleted.
Paragraph 22 (2) reads as follows:
"(2) Paragraph 16 shall apply to the authorisation of the construction of special-purpose communications. '
35. the following Part Five is inserted after Section 22:
FINES BY ORGANISATIONS
Fines for organisations
(1) The Road Administration shall impose a fine of up to 200 000 CZK on an organisation which:
(a) destroy, remove, damage, pollution, replace or cover the road sign or any other device which is part of the motorway, road, local or special purpose communication;
(b) destroy or damage road greenery.
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Regulation Information
| Citation | Act No. 27 / 1984 Coll., amending and supplementing Act No. 135 / 1961 Coll., on Road (Road Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.04.1984 |
|---|---|
| Effective from | 01.07.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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