Act No. 297 / 2011 Coll.
Act amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended
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Effective from 19.01.2013
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297
THE LAW
of 6 September 2011
amending Act No. 361 / 2000 Coll., on road traffic and amending certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 133 / 2009 Coll., Act No. 320 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 229 / 2005 Coll., Act No. 170 / 2007 Coll., Act No. 215 / 2007 Coll., Act No. 74 / 2007 Coll., Act No. 264 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 170 / 2007 Coll.
1. Paragraph 1, including the title and footnotes 1 and 43, reads as follows:
Subject matter
This law implements the relevant provisions of the European Union43) and provides for
(a) the rights and obligations of road users (1);
(b) road traffic rules;
(c) adaptation and management of road traffic;
(d) driving licences and driving licences;
(e) the competence and competence of the public authorities and the Police of the Czech Republic (hereinafter "the police") in matters relating to road traffic.
1) Act No. 13 / 1997 Coll., on Road, as amended.
43) Council Directive 91 / 671 / EEC of 16 December 1991 on the approximation of the laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes. Directive 2003 / 20 / EC of the European Parliament and of the Council of 8 April 2003 amending Council Directive 91 / 671 / EEC on the approximation of the laws of the Member States relating to the mandatory use of safety belts in vehicles of less than 3,5 tonnes. Directive 2006 / 126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences. '
2. in § 2 (hh):
"(hh) normal residence in the territory of the Czech Republic is the place of permanent residence of a natural person in the territory of the Czech Republic, or, if a natural person does not have a permanent residence in the territory of the Czech Republic, a place in the territory of the Czech Republic where a natural person
1. resides for at least 185 days in a calendar year on grounds of personal ties, namely cohabitation in the common household, family ties, property ownership or rental, and, where appropriate, for business, self-employment or dependent work in the Czech Republic; or
2. resides on account of personal ties and regularly returns to the place, although in business, carries out another self-employed activity or dependent work in another State, unless the pursuit of such activity in another State is restricted to a specified period of time, ';
3. in Article 3 (3) (a), including footnote 44:
"(a) a person holding a driving licence for the relevant group of motor vehicles (hereinafter referred to as the" group of vehicles ") granted by the Czech Republic, by a State which is a Member State of the European Union or by a Contracting Party to the Agreement on the European Economic Area (hereinafter referred to as" another Member State ") or by another State under an international agreement which is bound by the Czech Republic and which regulates the field of road operation44);
44) For example, the Convention on Road Traffic (Vienna 1968), the Convention on Road Traffic (Geneva 1949). '
4. In the first sentence of Article 6 (9), the words "Group C, C + E, D or D + E or sub-groups C1, C1 + E, D1 or D1 + E 'are replaced by the words" Group C1, C1 + E, C + E, D1, D1 + E, D or D + E' and the words "or sub-group 'are replaced by the words" Vehicle'.
5. In the first sentence of Article 6 (9), the words "where the driver's professional competence has not been recorded in the driving licence 'shall be inserted after the words" equivalent'.
6. In the second and third sentences of Paragraph 6 (9), the words "classified in 'shall be inserted after the words" vehicle'.
7. In Paragraph 6 (10), the words "Record of professional competence of the driver or 'shall be inserted at the beginning of the first and second sentences.
8. In the first and second sentences of Paragraph 6 (10), "or sub-groups' are deleted and" and sub-groups' are replaced by "vehicles'.
9. In the first sentence of Article 6 (12), "paragraph 8 'is replaced by" paragraphs 8 and 9'.
10. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) The vehicle operator shall ensure that the driver's obligations and road traffic rules laid down in this Act are respected when using a vehicle on road. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
11. Paragraph 80, including the title, reads:
Basic provisions
The driving licence shall entitle its holder to drive a motor vehicle classified in the group of vehicles for which the driving licence has been granted. ';
12. The following Section 80a is inserted after Section 80:
Vehicle groups
(1) To group
(a) AM are included in motor vehicles with a design speed not exceeding 45 km.h-1
1. two-wheel with an internal combustion engine capacity not exceeding 50 cm3 or an electric motor power not exceeding 4 kW;
2. a three-wheel drive with a spark-ignition engine capacity not exceeding 50 cm3 or, in the case of other engines of a power ≤ 4 kW,
3. a four-wheeled unladen weight of not more than 350 kg, having a positive-ignition capacity of not more than 50 cm3 or other engines of not more than 4 kW;
(b) A1 are classified
1. light motor cycles with or without side-cars of a power not exceeding 11 kW and a power / weight ratio not exceeding 0,1 kW / kg and with an engine displacement not exceeding 125 cm3;
2. three-wheel motor vehicles of a power ≤ 15 kW;
(c) A2 is a motor cycle with or without a sidecar having an engine power of not more than 35 kW and a power / weight ratio not exceeding 0,2 kW / kg which has not been modified from a motorcycle with more than twice the power;
(d) A are classified
1. motorcycles with or without sidecar;
2. three-wheel motor vehicles of an output exceeding 15 kW,
(e) four-wheel motor vehicles, with the exception of the vehicles referred to in (a), whose power does not exceed 15 kW and the unladen weight does not exceed 400 kg or 550 kg for vehicles intended for the transport of goods, are included;
(f) motor vehicles with the exception of those referred to in points (a) to (e) whose maximum authorised mass does not exceed 3,500 kg, with a maximum of 8 seating positions other than the driver's position to which a trailer with a maximum authorised mass not exceeding 750 kg may be attached, provided that the maximum authorised mass of that combination does not exceed 3,500 kg or, in the case of an extension of the range, not exceeding 4,250 kg;
(g) C1 motor vehicles with the exception of tractors whose maximum authorised mass exceeds 3,500 kg but does not exceed 7,500 kg, with a maximum of 8 seating positions except for the driver's position to which a trailer with a maximum authorised mass not exceeding 750 kg may be attached;
(h) C motor vehicles with the exception of tractors and vehicles referred to in (g), the maximum authorised mass of which exceeds 3,500 kg with a maximum of 8 seating positions other than the driver's position to which a trailer with a maximum authorised mass not exceeding 750 kg may be attached,
(i) D1 is a motor vehicle of a length not exceeding 8 metres, with more than 8 seats but not more than 16 seats, except for the driver's seat to which a trailer with a maximum authorised mass not exceeding 750 kg may be attached;
(j) D motor vehicles, except those referred to in (i), with more than 8 seating positions other than the driver's position to which a trailer with a maximum authorised mass not exceeding 750 kg may be attached;
(k) B + E combinations consisting of the vehicle referred to in (f) and a trailer with a maximum authorised mass not exceeding 3,500 kg are included;
(l) C1 + E includes combinations with a maximum authorised weight not exceeding 12000 kg, composed of:
1. of the vehicle referred to in (g) and of the trailer with a maximum authorised mass exceeding 750 kg; or
2. of the vehicle referred to in point (f) and of a trailer with a maximum authorised mass exceeding 3,500 kg;
(m) C + E combinations consisting of the vehicle referred to in (h) and a trailer with a maximum authorised mass exceeding 750 kg are included;
(n) D1 + E is a combination of vehicles consisting of the vehicle referred to in (i) and a trailer with a maximum authorised mass exceeding 750 kg;
(o) D + E combinations consisting of the vehicle referred to in (j) and a trailer with a maximum authorised mass exceeding 750 kg are included.
(2) Tractors and self-propelled work machines to which a trailer may be connected are included in Group T. '
13.
Equality of driving licences
(1) Driving authorisation granted for a group
(a) A2 also authorises the driving of category A1 vehicles;
(b) It also authorises the driving of vehicles classified in categories A1 and A2;
(c) B1 also authorises the driving of three-wheel vehicles in category A1;
(d) B also authorises the control of A1 vehicles with automatic transmission and B1 vehicles;
(e) C also authorises the driving of vehicles in category C1;
(f) D also authorises the driving of vehicles in group D1,
(g) C + E also authorises the driving of vehicles classified in categories B + E and C1 + E,
(h) D + E is also entitled to drive vehicles classified in categories B + E and D1 + E,
(i) C1 + E or D1 + E also entitles the driving of vehicles in category B + E;
(j) C + E is also entitled to drive vehicles classified in category D + E if the holder has a driving licence for category D.
(2) A driving licence granted for any category other than category T also authorises the driving of vehicles classified in category AM.
(3) A driving licence granted for Group B entitles a holder who has reached the age of 21 to drive three-wheel vehicles of category A.
(4) Driving authorisation granted for a group It also authorises the control of four-wheel vehicles with engine power up to 15 kW and unladen weight up to 400 kg. The driving licence granted for category A1 also authorises the driving of four-wheel vehicles with engine power up to 15 kW, with unladen mass up to 400 kg and with an engine displacement of up to 125 cm3. '
14. in Paragraph 82 (1) (d), the words "permanent or temporary residence" are replaced by the words "normal residence or study for at least 6 months."
15. in Paragraph 82 (1), the words "or 12 points in the register of drivers" shall be added at the end of the text in point (f).
16. In Paragraph 82, the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:
"(g) does not hold a valid driving licence granted by another Member State."
17. In Paragraph 82, the following paragraph 2 is inserted after paragraph 1:
"(2) A driving licence may not be granted to a person whose driving licence has been suspended or withdrawn in another Member State or who has been subject to a ban on driving motor vehicles unless the period for granting the driving licence has expired. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
18. in Articles 82 (3) and 90 (1), the words "the relevant group or subgroups" shall be deleted;
19. In Paragraph 82, the following paragraph 4 is inserted after paragraph 3:
"(4) The study shall mean primary education, secondary education and higher vocational education in daily form in the fields of primary school, secondary school, conservatory or higher vocational school, registered in the register of schools and educational establishments, and preschool studies in accredited university programmes. The place of study shall be the address of the place where the teaching takes place or a substantial part thereof. ';
Paragraph 4 shall become paragraph 5.
20.
Age Range
(1) Driving authorisation may be granted only to a person of age
(a) 15 years in the case of AM,
(b) 16 years in the case of category A1;
(c) 17 years in the case of B1 and T groups;
(d) 18 years in the case of groups A2, B, B + E, C1 and C1 + E,
(e) 21 years in the case of groups C, C + E, D1, D1 + E,
(f) 24 years in the case of groups A, D and D + E.
(2) Category A driving authorisation may also be granted to the person who has obtained:
(a) the age of 21 when the driving licence is restricted to three-wheel motor vehicles; or
(b) 20 years of age, if the person holds a driving licence for category A2 for at least 2 years.
(3) The persons referred to in paragraph 1 (a) to (c) may be granted a driving licence only with the written consent of their legal representative.
(4) A driving licence for category A1, A2 or A may also be granted to a person who has not reached the age specified for the relevant group of vehicles set out in paragraph 1 or 2, provided that he holds an age exemption; an exemption from age shall be granted by the Ministry to the person holding the licence of a motorist athlete upon his or her request or, where appropriate, by his / her legal representative. This licence shall entitle, until the age specified for the group of vehicles in paragraph 1 or 2 concerned, only to drive in the context of a sports competition.
(5) A driving licence for Group C may also be granted to a person who has reached the age of 18 and to a person who has reached the age of 21 for Group D. This licence shall be restricted by the municipal authority of the municipality with extended scope until the age laid down in paragraph 1 (e) and (f) is reached only for driving vehicles.
(a) Ministry of the Interior used by the police;
b) Prison services of the Czech Republic,
(c) the armed forces of the Czech Republic;
(d) municipal police,
e) Fire department of the Czech Republic and fire protection units,
(f) customs,
(g) when driving in connection with their repair or maintenance.
(6) Driving licences for categories C and C + E may also be granted to a person aged 18 and to groups D and D + E to a person aged 21 or 23. This driving authorisation shall entitle the holder to drive until the age laid down in paragraph 1 (e) and (g) is reached.
(a) in the framework of initial training under special legislation9b);
(b) if he is holder of a driver's professional licence and has undergone entry training in accordance with special legislation 9b)
1. in the extended range; or
2. to the basic extent, in the case of a person who has been granted a driving licence for category D or D + E at the age of 23. ';
21. In Paragraph 86, the word "competent" shall be deleted and the words "competent according to the usual residence or place of study of the applicant for a driving licence or holder of a driving licence" shall be inserted after the word "scope."
22. in § 87 (1) (d):
"(d) the holder of a driving licence for category C1, C1 + E, C, C + E, D1, D1 + E, D or D + E when driving a motor vehicle classified in one of those categories of vehicles;"
23. in Article 87a (1) (a), the words "groups C, C + E and C1 + E," shall be replaced by the words "groups C1 + E, C or C + E if";
24. in 87a (1) (b):
"(b) the holder of a driving licence for category D1 + E, D or D + E when driving a motor vehicle classified in one of these categories of vehicles."
25. in § 87a (8), the words "the prison services of the Czech Republic, intelligence services" shall be inserted after the word "police."
26. In Paragraph 88 (4), the words "permanent residence 'are replaced by the words" normal residence or place of study'.
27. the following Section 89a is inserted after § 89:
A doctor who finds that an applicant for a driving licence or a holder of a driving licence is fit to drive a motor vehicle with the condition or is not fit to drive a motor vehicle shall immediately inform the municipal authority of the municipality with extended scope competent for the normal residence or place of study of the applicant for a driving licence or holder of a driving licence. ';
28. in Paragraph 90 (2):
"(2) If the applicant for a driving licence has received training and a practical driving test (4) with a motor vehicle equipped with an automatic gearbox, the municipal authority of the municipality with extended scope shall restrict the driving licence for the group concerned only to vehicles with this type of gearbox; However, this restriction shall not be applied if it is a driving licence for category AM. A vehicle equipped with an automatic transmission means a vehicle in which there is no clutch pedal, or, where applicable, in the case of vehicles the driving licence for category A1, A2 or A, the hand lever of the clutch. ';
29.
Additional conditions for granting a driving licence
Driving authorisation for
(a) Group D or D1 may be granted only to an applicant already holding a driving licence for category B;
(b) category C or C1 may only be granted to an applicant already holding a driving licence for category B;
(c) category B + E may only be granted to an applicant already holding a driving licence for category B;
(d) category C + E may only be granted to an applicant who already holds a driving licence for category C,
(e) category C1 + E may be granted only to an applicant already holding a driving licence for category C1,
(f) category D + E may only be granted to an applicant already holding a driving licence for category D,
(g) category D1 + E may only be granted to an applicant who already holds a driving licence for category D1. ';
30. in Paragraph 92 (3) (a), the words "or names (hereinafter referred to as" name ") shall be inserted after the word" name. "
31. in Paragraph 92 (3) (b):
"(b) the address of the habitual residence of the applicant for a driving licence in the Czech Republic or the place of study;"
32. In § 92 (3), § 93 (3), § 94 (3), § 98 (3), § 99 (3), § 100 (4), § 101 (3), § 102 (2), § 105 (1), § 109 (7) and in § 115 (3), the words "if allocated to it" shall be added at the end of the text in point (c).
33.In Paragraph 92 (3) (d):
"(d) the group of vehicles for which the applicant applies for a driving licence and whether the applicant applies for an exemption under Paragraph 83 (5) or (6);"
34. In Paragraph 92, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
"(e) previous habitual residence since the age laid down in § 83, if it was situated outside the Czech Republic, and current habitual residence outside the Czech Republic, if the applicant is only studying in the Czech Republic."
35. in Paragraph 92 (4) (c), the words "or subgroup of driving licences" shall be replaced by the words "vehicles which may not be more than 6 months old."
36. in Article 92 (4), the following points (d) to (f) are inserted after point (c):
"(d) a document proving the habitual residence of an applicant who does not have a permanent residence in the Czech Republic, or a proposal for another means of proof to prove it, or a certificate of study pursuant to Paragraph 82 (4); the proof of the applicant's habitual residence is in particular:
1. temporary residence certificate according to the Act on the residence of foreigners in the Czech Republic,
2. an extract from the property register confirming the property ownership rights;
3. Real estate lease contract,
4. employment certificate,
5. extract from the trade register;
(e) an affidavit by the applicant that:
1. does not hold a valid driving licence granted by another Member State; and
2. another Member State has not been obliged to prohibit an activity consisting of a prohibition on driving motor vehicles or that its driving licence has not been suspended or withdrawn, or that the period for which the prohibition has been imposed has already expired, or the period for the re-grant of a driving licence,
(f) a decision granting an exemption pursuant to Paragraph 83 (4), if granted. ';
Points (d) and (e) shall be renumbered as points (g) and (h).
37.In Paragraph 92 (4) (h):
"(h) one photograph which, by its implementation, complies with the requirements of the Civil ID Act (hereinafter referred to as" the photograph. ") ';
38. in Paragraph 92 (5):
"(5) After the application has been lodged, the competent municipal authority of the municipality with extended scope shall immediately verify the particulars referred to in paragraph 3, according to the identity document, and return the identity document to the applicant. Where the municipal authority of a municipality with an extended scope has doubts as to the veracity of the information referred to in the declaration of honour referred to in paragraph 4, it shall verify that it is true with the competent authority of the State in which the applicant was habitually resident. ';
39. in Paragraph 92 (6), the words "for a further group or subgroup of driving licences" are replaced by the words "for a further group of vehicles."
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Regulation Information
| Citation | Act No. 297 / 2011 Coll., amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, and Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.2011 |
|---|---|
| Effective from | 19.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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