Decree No. 288 / 2012 Coll.
Decree amending Decree No. 104 / 1997 Coll., implementing the Road Act, as amended
Valid
Order
Effective from 01.09.2012
Text versions:
01.09.2012
31.08.2012
288
DECLARATION
of 23 August 2012
amending Decree No. 104 / 1997 Coll., implementing the Road Act, as amended
The Ministry of Transport provides for Act No. 13 / 1997 Coll., as amended by Act No. 102 / 2000 Coll., Act No. 80 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 97 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 347 / 2009 Coll., Act No. 152 / 2011 Coll., Act No. 119 / 2012 Coll., and Act No. 196 / 2012 Coll., (hereinafter "Act ') for the implementation of § 38b (6) and § 38d (5) Act:
Decree No. 104 / 1997 Coll., implementing the Road Law, as amended by Decree No. 300 / 1999 Coll., Decree No. 355 / 2000 Coll., Decree No. 367 / 2001 Coll., Decree No. 555 / 2002 Coll., Decree No. 490 / 2005 Coll., Decree No. 527 / 2006 Coll. and Decree No. 317 / 2011 Coll., is amended as follows:
1. the 10th part, including the headings and footnotes Nos 16, 17 and 18 shall read:
CONTROL OF VEHICLES
Low speed control weighing
(K § 38b (6) of the Act)
Method of carrying out low speed control weighing
The driver of the vehicle shall go to the control weighing device where the low-speed control weighing is carried out. The weighing shall be carried out in the presence of the driver and other crew members in the cab of the vehicle.
Forms of evidence of low-speed control weighing
(1) The document shall contain:
(a) the date, time and place of the low-speed control weighing;
(b) the manufacturer and the type designation of the weight on which the low-speed control weighing has been carried out, including the production number and the date of validity of the verification of this determined measuring instrument in accordance with the special legislation18);
(c) an indication of the maximum permissible mass of the vehicle, an indication of the maximum permissible mass of the vehicle and a group of axles, an indication of the immediate mass of the vehicle and, where appropriate, an indication of the immediate mass of the vehicle corresponding to the vehicle's axle and its load measurements resulting from the special legislature10);
(d) the result of the measurement of the instantaneous axle load and the group of vehicle axles and the instantaneous vehicle mass;
(e) found to exceed the maximum permissible mass of a vehicle on a axle and a group of axles in kilograms and percentages in accordance with the special legislature10) minus the relative measurement error determined on the basis of the special legislature18) and the observed exceedance of the maximum permissible mass of a vehicle in kilograms and percentages in accordance with the special legislature10) minus the relative measurement error determined on the basis of the special legislature18);
(f) found to exceed the dimensions of the vehicle or load resulting from the special legislature10);
(g) the name and, where applicable, the name, surname, date of birth, address of the place of permanent or other residence or residence abroad and nationality of the driver of the vehicle;
(h) registration number, factory name and vehicle type, distinguishing mark of the country of registration of the vehicle;
(i) the state of the vehicle's mileage counter upon arrival at the control point;
(j) the identification of the operator (17) of the vehicle or towing vehicle of the set (name, registered seat, identification number of the person, if assigned, if it is a legal person or a natural person of the entrepreneur; the name, name, surname, birth number, otherwise the date of birth, the address of the place of permanent or other residence or the place of residence abroad, if any, if any),
(k) the name and, where applicable, the name, surname and signature of the relevant representative of the owner of the infrastructure or of the person or region it has entrusted, where it provides weighing, or of the person it has authorised to participate in the low-speed control weighing;
(l) the name and / or surname of the person carrying out the low-speed control weighing;
(m) a written statement by the driver of the vehicle on the contents of the document, together with its signature;
(n) the registration mark of the special use permit (if issued under Section 25 of the Act);
(o) the method of reimbursement of costs associated with low-speed control weighing;
(p) the date and time of drawing up of the document;
(q) the name of the consignor (name, registered office, identification number of the person, if any, if it is a legal person or a natural person of the entrepreneur; the name and, where applicable, the name, surname, address of the place of permanent or other residence or residence abroad, if any, if any, if any, in the case of a natural person).
(2) The model of this document is set out in Annex 10 (1).
High-speed control weighing
(Paragraph 38d (5) of the Law)
Forms of evidence of high-speed control weighing
(1) The document shall contain:
(a) the date, time and place of high-speed control weighing;
(b) the manufacturer and the type designation of the weight on which the high-speed control weighing has been carried out, including the production number and the date of validity of the verification of this specified measuring instrument in accordance with the special legislature18);
(c) an indication of the maximum permissible mass of the vehicle, an indication of the maximum permissible mass of the axle and a group of axles of the vehicle, an indication of the instantaneous mass of the vehicle and, where applicable, an indication of the immediate mass of the vehicle resulting from the relevant vehicle axle under a special legislature10);
(d) the result of the measurement of the instantaneous axle load and the group of vehicle axles and the instantaneous vehicle mass;
(e) found to exceed the maximum permissible axle load and the group of axles in kilograms and percentages in accordance with the special legislature10), minus the relative measurement error determined on the basis of the special legislature16) and the observed exceedance in kilograms and percentages in accordance with the special legislature10), minus the relative measurement error determined on the basis of the special legislature16),
(f) the registration number of the vehicle or towing vehicle of the combination, the factory mark and the vehicle type, the distinguishing mark of the State of registration of the towing vehicle, the registration number of the trailer, the factory mark and the vehicle type, the distinguishing mark of the State of registration of the trailer,
(g) a photograph of the vehicle or towing vehicle and its registration number, a photograph of the trailer and its registration number;
(h) the identification of the operator (17) of the vehicle or towing vehicle of the set (name, seat, identification number of the person, if assigned, if it is a legal person or a natural person of the entrepreneur; the name, name, surname, birth number, otherwise the date of birth, the address of the place of permanent or other residence or the place of residence abroad, if any, if any),
(i) the identification of the owner of the infrastructure, or of the person or region entrusted by it, if any, or of the person responsible for carrying out the high-speed control weighing;
(j) the name and, where applicable, the name, surname and signature of the authorised person of the owner of the infrastructure or of the authorised person or region, where the weighing is ensured, or of the authorised person;
(k) the method of reimbursement of costs associated with high-speed control weighing;
(l) the date and time of drawing up of the document.
(2) The model of this document is set out in Annex No 10, point 2.
16) Decree of the Ministry of Industry and Trade No. 345 / 2002 Coll., setting out the measuring instruments for compulsory verification and measuring instruments subject to type approval, as amended.
17) Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended.
18) Act No. 505 / 1990 Coll., on Metrology, as amended. '
2. Annex 10 to the Decree reads:
"Annex No 10 to Decree No 104 / 1997 Coll.
1. Model of the low speed control weighing document
2. Model of the high-speed control weighing document
Efficacy
This Decree shall take effect on 1 September 2012.
Minister:
Mgr.
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Regulation Information
| Citation | Decree No. 288 / 2012 Coll., amending Decree No. 104 / 1997 Coll., implementing the Road Act, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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