Decree No. 281 / 2007 Coll.
Decree amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act, as amended by Decree No. 55 / 2003 Coll.
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Effective from 01.01.2008
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281
DECLARATION
of 6 November 2007
amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act, as amended by Decree No. 55 / 2003 Coll.
The Ministry of Transport provides pursuant to § 41 (2) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll., Act No. 150 / 2000 Coll., Act No. 103 / 2004 Coll., Act No. 229 / 2005 Coll. and Act No. 226 / 2006 Coll., ("the Act '):
Decree No. 478 / 2000 Coll., implementing the Road Transport Act, as amended by Decree No. 55 / 2003 Coll., is amended as follows:
1. Article 1, including the title and footnotes 1, 2 and 2a, reads as follows:
Means of keeping a record of the driving time, safety breaks and rest periods and of the operation of the vehicle on vehicles covered by an international agreement which is part of the legal order
(K § 3 of the Act)
(1) The carrier shall ensure that a record of the driving time, safety breaks and rest periods is taken for vehicles equipped with recording equipment according to the directly applicable European Communities1) as an exit from that facility.
(2) The driver of the vehicle must carry in the vehicle record sheets from the period specified in the international agreement, which is part of the legal order (2) and the driver's memory card (2a), if issued to him.
(3) The carrier shall ensure that the driver of the vehicle operated by it records the driving time, safety breaks and rest periods:
(a) in the case of recording, by recording equipment as referred to in Annex I to Council Regulation (EEC) No 3821 / 85 ("analogue tachograph"), it indicated:
1. the name and surname of the driver of the vehicle,
2. the place and date of establishment of the record sheet;
3. place and date of removal of the record sheet,
4. the registration number of the vehicle or vehicles to which the driver has been assigned while using the record sheet;
5. the state of the mileage counter at the time of insertion of the record sheet into the analogue tachograph;
6. the state of the mileage counter at the time of removal of the record sheet from the analogue tachograph;
7. driving time, safety breaks and rest periods, if not recorded automatically,
8. Reasons for the extension of the procedure,
(b) in the case of record keeping by recording equipment as referred to in Annex IB to Council Regulation (EEC) No 3821 / 85 (hereinafter referred to as "digital tachograph"), recorded manually or automatically if the digital tachograph is connected to the satellite search system, the symbols of the countries in which their daily working hours begin and end, and the data referred to in paragraph 3 (a) (1) to (4), (7) and (8), unless it has been automatically recorded.
(4) The data referred to in paragraph 3 (a) (1), (2), (4) and (5) must be entered in the record before the journey begins. The data referred to in paragraph 3 (a) (3), (6) to (8) shall be entered in the alert without delay after the end of the journey.
1) Council Regulation (EEC) No 3821 / 85 on recording equipment in road transport, as amended.
2) Decree No. 108 / 1976 Coll., on the European Agreement on the Work of Vehicles in International Road Transport (AETR), as amended.
2a) Act No. 361 / 2000 Coll., on road traffic and amendments to certain laws (Road Traffic Act), as amended. '
2. the following Sections 1a and 1b are inserted after Section 1, including the headings and footnotes No 3:
Means of keeping a record of the driving time, safety breaks and rest periods and of the operation of the vehicle on vehicles not covered directly by the applicable European Communities3) or an international contract which is part of the legal order 2)
(K § 3 of the Act)
(1) The carrier shall ensure that the recording of the driving time, safety breaks and rest periods is taken as an exit from an analogue or digital tachograph, or that the driver keeps it manually or by means of an exit from the recording equipment.
(2) The driver of the vehicle shall carry in the vehicle a record of the driving time, safety breaks and rest time from the day in progress and the day before, if driving, and the driver's memory card (2a) if issued to him.
(3) The carrier shall ensure that the driver of the vehicle operated by it records the driving time, safety breaks and rest periods:
(a) in the case of record keeping, by analogue tachograph:
1. the name and surname of the driver of the vehicle,
2. the place and date of establishment of the record sheet;
3. place and date of removal of the record sheet,
4. the registration number of the vehicle or vehicles to which the driver has been assigned while using the record sheet;
5. the state of the mileage counter at the time of insertion of the record sheet into the analogue tachograph;
6. the state of the mileage counter at the time of removal of the record sheet from the analogue tachograph;
7. driving time, safety breaks and rest periods, if not recorded automatically,
8. Reasons for the extension of the procedure,
(b) in the case of recording by a digital tachograph, recorded manually or automatically if the digital tachograph is connected to a satellite search system, the symbols of the countries in which their daily working hours start and end, and the data referred to in paragraph 3 (a) (1) to (4), (7) and (8), unless they have been automatically recorded;
(c) in the case of record keeping, indicate by hand or other recording equipment:
1. the registration number of the alert;
2. the name and surname of the driver of the vehicle,
3. the registration number of the vehicle or vehicles to which the driver has been assigned while using the record sheet;
4. place, date and state of the mileage counter at the beginning of the record;
5th place, date and state of the mileage counter at the end of the record,
6. driving time, safety breaks and rest periods for each driver separately, if not recorded automatically,
7. reasons for the extension of the procedure.
(4) The particulars referred to in paragraph 3 (a) (1), (2), (4) and (5) and (c) (1) to (4) of paragraph 3 must be entered in the record before the journey begins. The particulars referred to in paragraph 3 (a) (3), (6) to (8) and (c) (5) to (7) shall be entered in the alert without delay after the end of the journey.
Means of keeping a record of vehicle driving time, safety breaks and rest periods and a record of vehicle operation
(K § 3 of the Act)
(1) In a vehicle for which it is prescribed to keep a record of the driving time, safety breaks and rest periods, the driver shall carry with him, in addition to the records of the driving time, the safety breaks and rest periods and the driver's memory card, where it has been issued, a certificate as referred to in Article 1 of Commission Decision (EC) No 230 / 2007 of 12 April 2007 on a form on social legislation relating to road transport activities, issued by the carrier of the time when he did not drive the vehicle, including an indication of the reasons, or other evidence that the vehicle did not drive during that period.
(2) The provisions of paragraph 1 shall not apply to transport by vehicles used for the carriage of passengers in regular passenger transport for which the length of any of the connections does not exceed 50 km and vehicles which, according to the type of their construction and their equipment, are intended for the carriage of not more than 9 persons, including the driver.
(3) Where, in addition to the obligation to keep a record of the driving time, safety breaks and rest periods, the law also provides for an obligation to keep a record of the vehicle's operation, both records may be combined in a single document provided that the document complies with the requirements laid down for both of those records.
(4) The vehicle traffic record shall include the data referred to in § 1a (3) (c) (1) to (5), the commercial firm or name, where the carrier is a legal person, or the commercial firm or, where applicable, the name and surname, if any, if the carrier is a natural person, and the carrier's signature and, in addition, the occasional passenger road transport details of the client, i.e. his commercial firm or, where applicable, his name and identification number, if the client is a legal person or a commercial firm, or a surname, or, where applicable, a distinguishing supplement and an identification number, if the client is a natural person, and the point of origin and the destination of the transport activity.
(5) In the case of domestic regular passenger services, the carrier may keep a simplified record of the operation of the vehicle in which the driver indicates the deviations of the actual traffic performance from the model record of the operation of the vehicle processed in public regular services following the approved timetable. In the case of a simplified record, the driver shall also have the relevant model record referred to in the simplified record.
3) Regulation (EC) No 561 / 2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport, amending Council Regulations (EEC) No 3821 / 85 and (EC) No 2135 / 1998 and repealing Regulation (EEC) No 3820 / 1985. "
3.
(Articles 3 (2) and 21 (4) of the Act)
(1) In a taxi service, a vehicle traffic record shall mean a monthly shutdown from the current month, which is taken by printing the contents of the sum counters and the taximeter storage unit, and a sequentially established copy of the fare documents referred to in Article 15 (2). The taxi operator shall ensure that, during the performance of the taxi service, monthly closures for the last 3 months and copies of documents showing the amount of the fare during the journey made on the day on which the taxi service is carried out by the vehicle are available.
(2) The monthly closing date of the current month must include the following information:
(a) a business name or name where the taxi operator is a legal person, or a business name, or a surname, or a distinguishing supplement where the taxi operator is a natural person;
(b) the taxi operator's identification number, if assigned;
(c) the registration number of the taxi vehicle;
(d) the registration number of the taxi service vehicle,
(e) the serial number of the storage unit;
(f) taximeter serial number,
(g) the name, surname and year of birth of the driver and the personal number, if assigned by the taxi operator;
(h) the designation of the month and year from which the closure is made;
(i) the signature of the taxi operator;
(j) the sum of the kilometres travelled in the taxi service since the last monthly closure, including its breakdown by day of the month;
(k) the sum of the kilometres paid in the taxi service since the last monthly closure, including its breakdown by day of the month;
(l) the total revenue of the fare from the last monthly closure, including its breakdown by day of the month;
(m) the sum of the private traffic kilometres since the last monthly closure, including its breakdown by day of the month;
(n) the total number of trips paid since the last monthly closure, including its breakdown by day of month. ';
4. Paragraph 3, including footnote 4, reads as follows:
[K § 3 (1) (b) of the Act]
(1) In road transport carried out by vehicles used for the carriage of passengers in regular passenger transport for which the length of any of the connections does not exceed 50 km, the carrier shall ensure that, when vehicles are used, the driving time set out in paragraphs 4 and 5 is respected and the safety breaks and rest periods provided for by the special legislature4).
(2) In road transport for hire or reward by passenger vehicles which, according to their type of construction and their equipment, are intended for the carriage of not more than nine persons, including the driver, the carrier shall ensure that the safety breaks provided for in paragraph 6 and rest periods provided for in paragraph 7 are complied with in the work of the vehicles.
(3) When operating road transport on the territory of the Czech Republic in the course of the shipments referred to in Article 13 (1) of Regulation (EC) No 561 / 2006 of the European Parliament and of the Council, the carrier shall ensure that the time of the security breaks provided for in paragraph 6 is respected instead of the conditions set out in Articles 5 to 9 of that Regulation.
(4) The daily driving time must not exceed 10 hours. The total driving time shall not exceed 100 hours in a period of 2 consecutive calendar weeks.
(5) The management periods provided for in paragraph 4 may be extended to the extent necessary to reach an appropriate stop point in order to ensure the safety of persons, vehicles or their loads, provided that road safety is not compromised. The driver shall indicate the reasons for the extension of the prescribed driving time in the record of driving time, safety breaks and rest time at the latest after reaching the appropriate stop point.
(6) The driving time shall be interrupted by a safety break of at least 45 minutes after a maximum of 4,5 hours unless there is a continuous rest between two shifts or a continuous rest of the week. A safety break may be divided into several breaks of at least 15 minutes classified among each part of the driving time. The carrier shall ensure that during a safety break which is intended solely for driver rest, the driver does not perform any activity arising from his / her duties, except for the supervision of the vehicle and its load. Safety breaks and food and rest breaks may merge; breaks shall not be provided at the beginning and end of the working shift.
(7) Every 24 hours, the driver must rest for at least 8 consecutive hours. The rest may be drawn in 2 separate parts within 24 hours, one of which must last at least 6 consecutive hours, not more than twice in a calendar week. In this case the minimum rest period shall be extended to 10 hours.
4) Articles 17 to 19 of Decree No 589 / 2006 Coll., providing for a derogation from the working and rest periods of workers in transport. '
5. In Paragraph 7 (2), the part of the first sentence after the semicolon, including the semicolon, is deleted.
6. Paragraph 7 (3) reads as follows:
"(3) The taxi service vehicle shall be marked in the manner laid down in Paragraph 12. '
Article 7 (9) and (10) read:
(1) The dates of the tests shall be determined by the Transport Authority for each of the modes of transport, which are domestic freight transport operated by vehicles above 3,5 tonnes of total weight, international freight transport operated by vehicles above 3,5 tonnes of total weight, national occasional passenger road transport, international occasional passenger road transport, international shuttle service, national public scheduled services, national special regular services, international regular services and taxi services.
(2) The test is non-public and consists in the Czech language in front of a test committee appointed by the Transport Office from among its employees. Except for a taxis test, where the test consists only of a written test referred to in paragraph 3, the test shall consist of 2 written parts.
(3) The first part consists of a test with written questions with 4 responses, one of which is correct. The duration of the test in the case of a test consisting of all the subjects set out in Annex 1 shall be at least 2 hours. The second part consists of a case study in which the applicant demonstrates the practical use of his knowledge in the operation of road transport for foreign purposes and is part of the test even where the candidate consists of only one of the subjects set out in Annex 1. The duration of the second part of the test shall be at least 2 hours. The test content shall be compiled by the test panel according to the mode of transport which the applicant intends to operate.
(4) The test may be carried out by those who, within the prescribed time limit, apply in writing, orally or electronically for the test at the appropriate transport office. Proof of the identity of the applicant is a condition for carrying out the test.
(1) The assessment of the test shall be carried out by point evaluation of the individual subjects in accordance with the test questions. The case study shall be evaluated separately. The conditions for re-testing shall be determined by the Transport Authority.
(2) The overall assessment of the test shall be carried out by the test panel according to the following scale:
(a) For the test, the applicant has benefited from a minimum of 60% of the total number of points that may be reached.
(b) A maximum of 100 points of all subjects may be reached for the test, each subject being rated not more than 20 points and at least 50% of each subject must be achieved for the successful test.
(c) For a case study a maximum of 100 points may be reached, with a minimum of 50% of the points required to pass this part of the test successfully.
(3) For the test in the case of a taxis test, it is possible to achieve a maximum of 100 points of the total of all subjects, each subject being evaluated by a maximum of 20 points. For the test, the applicant has benefited from at least 60% of the points for each of the subjects.
(4) The test committee shall draw up a report signed by the members of the panel including a list of applicants and written tests submitted by them and a case study including their scores. The report shall be drawn up within 7 days of the date of the test. ';
8. Paragraph 11, including the title and footnote 4a, reads as follows:
Registration of taxi vehicles
(Paragraph 21 (1) of the Law)
(1) The application for registration of a vehicle in a taxi service vehicle must be submitted to the transport authority responsible for issuing the concession opinion and must contain the following information:
(a) a business firm, where applicable the name, registered office or, where applicable, the address for delivery, if it is not the same as the address of the registered office, and the identification number of the taxi operator, provided that it has been assigned, if the taxi operator is a legal person, or the business name and surname, if any, or a distinguishing addendum, the address of the place of permanent residence, and, if the taxi operator is not a natural person,
(b) vehicle information (registration number, factory name, trade mark, year of manufacture, colour),
(c) the date on which the vehicle is to be included in the register of taxi vehicles;
(d) a copy of the document concerning the category of vehicle under the special legislature4a).
(2) On the basis of the request referred to in paragraph 1, the transport authority shall include the vehicle in the register of taxi vehicles on the date indicated by the taxi operator referred to in paragraph 1 (c) and issue to the taxi operator proof of the inclusion of the vehicle in the register of taxi vehicles. The document shall contain the particulars referred to in paragraph 1 (a) to (c) and the registration number of the taxi vehicle which is identical to the vehicle registration number. The transport authority shall provide proof of the inclusion of the vehicle in the register of taxis for delivery to the taxi operator no later than 7 days from the date on which it received the application from the taxi operator containing all the required data.
(3) The taxi operator shall notify in writing any changes relating to the data referred to in paragraph 1 (a) and (b) not later than 7 days after their establishment to the transport office which issued the document of inclusion of the vehicle in the register of taxi vehicles. No later than 7 days after the date of receipt of the notification by the taxi operator, the competent transport authority shall forward to the taxi operator a new document for the inclusion of the vehicle in the register of taxi vehicles corresponding to the changes notified by the taxi operator. By issuing this document, the original document of vehicle registration shall cease to be valid.
(4) The taxi operator shall request in writing the transport authority which issued the document for the inclusion of the vehicle in the register of taxi vehicles, the exclusion of the vehicle, unless it is permanently used to operate the taxi service, from the register of taxi vehicles. The application shall contain the particulars referred to in paragraph 1 (a) and (b) and the date on which the vehicle is to be removed from the register of taxi vehicles and shall be submitted to the transport office before that date.
(5) The taxi operator shall notify the local competent commercial office of the interruption of the taxi service, or, at the latest, within 7 days after the decision taken by the trade office to suspend the taxi service or cancel the concession, in writing, the competent authority to issue the concession opinion.
(6) Transport office disables the vehicle from registration of taxi vehicles
(a) on the date indicated in the written request referred to in paragraph 4,
(b) immediately after receiving a notification from the taxi operator pursuant to paragraph 5;
(c) immediately after he has become aware that he is no longer competent to issue an opinion on a concession for taxi operators, in particular because of a change in his place of residence with a natural person or registered office with a legal person; or
(d) immediately after it has been informed that the taxi operator has notified in writing to the trade office of the interruption of the taxi service or that it has acquired the legal authority and enforceability of the decision of the trade operator to cancel or suspend the trade authorisation of the authorised taxi operator to operate the taxi service.
(7) The transport authority shall inform the taxi operator in writing of the fact that the vehicle it operates has been excluded from the register of taxi vehicles, indicating the date on which the vehicle was removed from the register. By excluding a vehicle from the registration of taxis, the document concerning the inclusion of the vehicle in the registration of taxis shall cease to be valid.
(8) The taxi operator shall submit a document identifying the vehicle in the register of taxi vehicles to the transport authority which issued the document no later than 7 days after it has become aware that the document has expired.
4 (a) 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 acts (Act on the insurance of liability from the operation of a vehicle), as amended. Decree No 341 / 2002 Coll., on the approval of technical competence and on technical conditions for the operation of vehicles on the road, as amended. '
9. Paragraph 12, including the title and footnote 5, reads:
Labelling of taxi vehicles
(Articles 9 (1) and 21 (2), (4) of the law)
(1) The cab operator shall ensure that the roof lamp is yellow and marked "TAXI" in black letters on its front and rear, or letters consisting of a cut in the black mask of the roof lamp, and is attached to the roof or bearing element on the roof of the vehicle and placed perpendicular to the longitudinal axis of the vehicle.
(2) The taxi operator shall ensure that the driver of the taxi service vehicle, when he does not operate the taxi service, removes from the vehicle any marking required for the taxi service vehicle in accordance with paragraph 3 and remove the roof lamp or, if necessary, cover it with an opaque cover mechanically fixed to the roof lamp.
(3) The taxi operator shall ensure that the taxi service vehicle bears the following marking when operating the taxi service on the outside of the upper part of both front doors in the top-down order:
(a) an intermittent black and white belt comprising alternately rectangles of 90 x 50 mm, the longer side of the rectangle being horizontal and the distance from the lower edge of the side windows shall not exceed 100 mm, the belt shall start at the front edge of the front door and end at the rear edge of the rear door;
(b) the registration number of the taxi service vehicle with a gap between the third and fourth characters; the inscription must be made in black on white ground, clearly visible and legible, with letters and figures of at least 90 mm high,
(c) by a trading firm or, where applicable, by a name, if the taxi operator is a legal person, or by a trading firm, or by name and surname, or, where appropriate, by a different addition, if the taxi operator is a natural person; The inscription shall be made in black on white ground, clearly visible and legible, with a letter height of at least 30 mm.
(4) No inscriptions or characters other than those provided for in this Regulation or other legislature5 are permitted on the outside of the front door.
5) For example Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and on amending related laws, as amended by Act No. 225 / 2006 Coll. '
10. Paragraph 13, including the title and footnotes 6 and 7, reads as follows:
Equipment of taxis vehicles
[K § 21 (3), (4), (8), (11) (a) of the Act]
The taxi operator shall ensure that the taxi service vehicle is equipped with:
(a) by means of a taximeter approved by type 6) meeting the technical requirements for measures7); the taxi service operator shall ensure that the entire taximeter display is freely visible from the passenger's position in the front seat and from the rear seats of the vehicle;
(b) the user's and registration book of the taximeter provided by the manufacturer of the taximeter, with numbered sheets, containing the vehicle registration number, the factory name and the trade mark of the vehicle, the type of taximeter, its serial number and the serial number of the memory unit, all records of the inputs to the taximeter, the states of the set rates, the verification of the taximeter, the states of the taximeter register by the entity producing, correcting or performing the installation of taximeters registered under the special legislature6), and the states of the register of the taximeter on official verification;
(c) evidence of the inclusion of the vehicle in the register of taxi vehicles;
(d) a licence for the driver's fitness of a taxi service presented head-on on the vehicle dashboard, in front of the right front passenger seat, not covered and clearly legible; the model of the driver's cab licence is set out in Annex 2, which is part of this decree,
(e) a certificate from the municipality of successful performance of the driver's test provided for in Article 21a (1) of the Act, provided that the municipality has made use of the authority provided for in that provision of the law, provided that the transport service is offered in the territory of such a municipality.
6) Act No. 505 / 1990 Coll., on Metrology, as amended.
7) Government Regulation No. 464 / 2005 Coll., laying down technical requirements for measuring instruments. '
11. Article 14, including footnotes 1 and 7, shall be deleted.
12.
(Paragraph 21 (3) of the Law)
(1) The taxi operator shall ensure that the driver uses a taximeter in accordance with specific legislation7a) and that, when he commences transport, he switches the taximeter to the "CAUZENO" operating position and immediately after the end of the transport, he switches the taximeter from the "CAUZEN" operating position to the "COVERED" operating position. The taximeter shall be set to the immediate automatic printing of the document of the amount of fare when switched to the "NICE 'operating position. The amount of remuneration for the transport service provided shall be determined solely from the data deducted after the end of the journey from the taximeter display on the basis of the agreed price for the transport. The taxi operator shall ensure that the driver completes the proof of the amount of the fare with the information provided for in paragraph 2 (h) and (n).
(2) The proof of the amount of the fare must include at least:
(a) the document number,
(b) a business name or a name with a legal person or a business name, or a name and surname, or a distinguishing supplement with a natural person;
(c) the taxi operator's identification number, if assigned;
(d) the registration number of the taxi vehicle;
(e) the registration number of the taxi service vehicle;
(f) the serial number of the taximeter and memory unit;
(g) the date of the journey;
(h) the place of departure and destination;
(i) time of departure and arrival;
(j) the number of the rate used, including all sub-items on which the resulting rate is composed;
(k) number of km travelled;
(l) price for services rendered,
(m) the name and surname of the driver,
(n) the driver's signature.
7a) Act No. 634 / 1992 Coll., on Consumer Protection, as amended. '
13. In Paragraph 17 (2), at the end of the sentence, the first after the word "adviser 'is deleted and the words" issued in the Czech Republic or in one of the States of the European Communities' are added.
14. in Article 17b (1), the first sentence shall be replaced by the following: "The tests of safety advisors, both for obtaining the certificate and for extending the validity thereof, shall be organised by the Ministry or the person empowered by the Agreement in accordance with Part 1, Chapter 1.8, paragraphs 1.8.3.10, 1.8.3.11, 1.8.3.12 and 1.8.3.16."
15. at the end of paragraph 6, the sentence "In the event that the tenderer has failed the test for the renewal of the certificate, it may be repeated only once and at the latest by the date of expiry of the certificate."
16. in Article 17c (2), the words "or he has completed a refresher course with the person in charge of this activity by the Ministry" shall be deleted.
17. in Paragraph 18, the words "legislation (1)" are replaced by the words "legislation (4a)";
18.
"Conditions for the allocation of foreign entry permits
(Paragraph 30 (2) of the Act)
(1) The foreign entry permits transmitted in bulk and unaddressed to the carrier shall be allocated by the Ministry or by the legal person authorised by it (hereinafter referred to as the "place of issue") at the request of the carrier.
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Regulation Information
| Citation | Decree No. 281 / 2007 Coll., amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act, as amended by Decree No. 55 / 2003 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.11.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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