Act No. 304 / 1997 Coll.
Act amending and supplementing Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll.
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Law
Effective from 01.04.1998
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304
THE LAW
of 13 November 1997
amending and supplementing Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., is amended as follows:
1. In Section 1, the following is inserted after the words "road transport ':" road motor vehicles ("the vehicle') '.
2. In Paragraph 2 (1), the following words are added at the end: "where there is no legal relationship established by a contract for the carriage of persons, animals or goods'.
3. In Article 2 (2), the words "(regular passenger transport, shuttle transport, occasional transport, taxi service) 'shall be inserted after the words" or goods'.
4. in Article 2 (3), the following point (b) is inserted after point (b):
"(c) by the route summary of transport connections on the road route determined by the starting and final stop and other stops at which transport services are regularly provided according to the valid licence and the approved timetable;
(d) by connecting transport links within a line which is time and place specified by the timetable. ';
5. In the first sentence of Paragraph 2 (5), the words "for foreign purposes or for their own needs' are deleted.
6. In Article 2, after paragraph 7, the following paragraphs 8 and 9 are inserted:
"(8) Replacement bus transport is a public scheduled service, operated instead of interrupted rail transport on a national, regional, tram, trolleybus or special rail. (1a)
(9) Integrated transport means ensuring the transport service of urban and suburban areas by road hauliers and road hauliers together with hauliers in another mode of transport, provided that the hauliers are involved in the performance of the transport contract under uniform transport and tariff conditions.
1a) Act No. 266 / 1994 Coll., on Railways. '.
Paragraphs 8 and 9 shall be renumbered paragraphs 10 and 11.
7. Article 3 (1) (a) and (b), including Notes No 3a) and (4), read:
"(a) use in road transport a vehicle whose technical inspection and measurement of emissions has not elapsed longer than the specific Regulation, 3a)
(b) ensure, in organising the work of drivers, compliance with the driving time, safety breaks and rest periods provided for by the international convention to which the Czech Republic is bound and which has been published in the Collection of Laws, 4) and the implementing regulation.
3a) Act No. 38 / 1995 Coll., on technical conditions for the operation of road vehicles on the road.
4) Article 6, 7, 8 and 9 of Decree of the Minister of Foreign Affairs No. 108 / 1976 Coll., on the Europe Agreement on the Work of Vehicle Stations in International Road Transport (AETR), as amended by Decree No. 82 / 1984 Coll. and Decree No. 80 / 1994 Coll. '
8.
"(2) Carriers carrying on road transport by vehicles intended for the transport of persons and vehicles intended for the transport of animals or goods whose mass of use exceeds 3,5 tonnes or a total mass of 6 tonnes shall keep a record of the operation of the vehicle. This record shall be kept for a period of five years from the end of the shipment. This provision shall not apply to passenger vehicles used by the carrier for road transport for its own use. The method of keeping a record of the vehicle's operation shall be laid down in the implementing regulation. ';
9. the following words shall be added at the end of Paragraph 3 (3) (a): "if he is obliged to lead it in accordance with paragraph 2."
10. the following words shall be added at the end of Paragraph 3 (3) (b): "if he is obliged to keep a record of the vehicle's operation."
11.
"(2) Paragraph 11 of the Trade Act shall apply mutatis mutandis to the definition of the carrier's representative in the cases referred to in Paragraph 4 (1) (b). '
12. The following Section 4a is inserted after Section 4:
Financial collateral
(1) Those intending to operate international road transport by buses or lorries weighing more than 3,5 tonnes or a total weight of more than 6 tonnes must demonstrate financial security for international road transport.
(2) Financial security of international road transport (hereinafter referred to as "financial capacity") means the ability of the carrier to finance the launch and proper operation of international road transport.
(3) Financial capacity is demonstrated by available capital and reserves for 12 months of operation, at least CZK 50,000 per truck or CZK 5500 per tonne of total weight or CZK 2800 per bus seat, a transport office at the place of residence or permanent residence of the applicant. The competent transport authority shall issue a written confirmation to the applicant of the fulfilment of its financial capacity. Confirmation of financial eligibility is a condition of the award of concession5) for the operation of international road transport.
(4) Financial capacity must continue throughout the operation of international road transport. The duration of the financial capacity shall be demonstrated by the carrier to the competent authority for each calendar year by 31 March of the following year at the latest.
(5) Details of the method of proving financial capacity, the procedure for issuing a written certificate of financial capacity and the formalities for validating financial capacity shall be laid down in an implementing act. "
13. In Section 5, the title under the title is:
"Reliability."
14. In § 6 of the title under the sign reads:
"Professional competence."
15. in Article 6 (1), the words "operated by vehicles with a mass exceeding 3,5 tonnes or a total weight of 6 tonnes," shall be inserted after the words "taxis," and "international freight transport."
16.
"(1) In the opinion needed for the issue or modification of concession5), the Transport Authority shall indicate whether the applicant for the concession fulfils the condition of reliability, financial capacity (in the case of international road transport for which compliance with this condition is required), the mode of transport for which the opinion is given, the time range, the transport conditions for the taxi service and the conditions for the operation of road transport, and whether the type of transport is necessary. '
17. Article 9 (2) (c) reads as follows:
"(c) the work of a driver in the carriage of passengers by road, when operated by bus, was carried out only by a person over 21 years old, clean, 5) who, before the first start of the activity of the driver, worked for at least two years as a driver of a truck with a total weight of more than 3,5 tonnes, '.
18. in Paragraph 9 (2), point (c) is replaced by the following:
"(d) the work of the driver in international freight transport, when operated by a truck of a total weight of more than 7,5 tonnes, carried out only by a person over 21 years of age, integrity, 5) who, before the first start of the activity of the driver, worked for at least two years as a driver of a truck of a total weight of more than 3,5 tonnes or as a bus driver;
(e) the work of a taxi driver has only been performed by a person over 21 years of age, safe 5) and reliable, 5) who has a driver's licence to operate a taxi service in a defined geographical area of the transport office. ';
19. Article 11 (3) (d) and (e) read:
"(d) with the organiser of the stop marker at which a new stop is to be placed according to the request,
(e) with the owner of the bus station or bus station. ';
20. Article 12 (1) reads as follows:
"(1) The Transport Authority shall decide on the application for a licence for intra-district scheduled passenger services or urban bus services within 45 days of its submission, for other national scheduled passenger services within 60 days of its submission. In the case of international regular passenger services, the Ministry of Transport and Communications shall decide on the application for a licence within 30 days of the receipt of the authorisation from the competent authority of the foreign State for conducting the service on the territory of that State. Paragraph 11 (3) shall apply mutatis mutandis to the competent authority for the examination of an application for a licence. '
21. The following words are added at the end of Paragraph 12 (2): "or to the conclusion of a public service contract (§ 19)."
22. in Paragraph 12 (3) (b), the following shall be added after the word "subsidised": "State or municipalities,"
23. in Article 12 (3), point (c) is replaced by the following:
"(d) no foreign authorisation has been granted for international road transport by an authority of a foreign State."
24.
"(b) identification and line management,"
25. in Article 13, the following point (e) is inserted after point (d):
"(e) the extent, if any, of the barrier-free transport of passengers with reduced mobility;"
Point (e) shall be renumbered as point (f).
26. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The approved timetable shall be forwarded by the Transport Office to the Ministry of Transport and Communications, which shall run a national timetable information system for the public. The Ministry of Transport and Communications may entrust the management of this system to a legal person. '
Paragraph 2 shall become paragraph 3.
27. In Article 17, the following paragraph 4 is inserted after paragraph 3:
"(4) Except in the cases referred to in paragraph 3, amendments to timetables may be made only following changes in the timetable for rail transport at the dates published by the Ministry of Transport and Communications in the Commercial Journal. ';
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
28. In Article 17 (6), the following is inserted after the words "and its amendments':" and the organisation of a national information system '.
29. Paragraph 17 shall be added in paragraph 7:
"(7) The provisions of paragraphs 2 and 4 shall not apply to the timetables for urban bus transport.";
30.
"(e) indicate the vehicle of the relevant line by the name of the initial and final stop of the connection, ensure identification of the driver and the conductor by the name or service number, indicate the barrier-free vehicle by an international symbol of accessibility, further indicate the vehicle by the number of the line in urban bus transport,";
31. in Article 18, point (g) is replaced by the following:
"(h) to take care of the safety of the persons carried and their baggage and to provide emergency assistance and replacement services in the event that they become involved in a car accident or have a technical defect for which the connection cannot be completed;
(i) to create conditions for the transport of persons with reduced mobility. ';
32. After Paragraph 18, the following Sections 18a, 18b and 18c are inserted:
Relations between the passenger and the carrier of public scheduled services
(1) The driver and the conductor of a public regular transport vehicle or another person authorised by a public regular transport carrier and equipped with an inspection badge or licence of the carrier (hereinafter referred to as the "authorised person") is entitled to give instructions and orders to passengers to ensure their safety, safety and continuity of transport or the safety of other passengers. The authorised person shall:
(a) exclude a passenger from the carriage of passengers who are not shown by a valid ticket at the request of the authorised person and who does not comply with the obligation to pay the fare and the premium, exclude the passenger from the carriage of passengers or impose a premium on the passenger if, despite the warning, he does not comply with the transport rules, instructions and orders of the authorised person, pollute the vehicle or otherwise bother the other passengers through his behaviour; exclusion from transport shall not jeopardise the safety and health of the passenger;
(b) not permit or exclude from the transport of luggage or animals carried with it, provided that they are an obstacle to the safe and convenient transport of passengers or threaten the health of passengers or that their transport does not allow the transport conditions, in particular the occupancy of the vehicle;
(c) require a passenger who has not been proven to have a valid travel document to pay the premium or to require the passenger to provide the personal data needed to recover the premium.
(2) The passenger is obliged
(a) comply with the instructions and orders of the authorised person aimed at ensuring the safety and continuity of transport, its safety or the safety of other passengers;
(b) at the request of the authorised person, proof of the valid travel document; if the valid travel document is not proven, the premium paid or the personal data required to recover the premium is proved,
(c) at the request of the authorised person, pay a premium for failure to comply with the timetable or order and for the order of the authorised person or for the pollution of the vehicle or for disturbing the peaceful transport of passengers or other harassment of passengers.
(3) The amount of the premium is fixed by the carrier under transport conditions. The amount of the premium may not exceed CZK 1000.
Transport Regulations
(1) The conditions under which persons, their baggage and their goods and their animals carried with them in road transport and integrated transport are transported shall be laid down in the transport rules. The transport schedule shall specify in particular:
(a) the creation and termination of a transport contract between the carrier and the passenger and the method of proving its origin;
(b) the particulars of the travel document, the method of payment of the fare and the assessment of the validity of the travel documents (including where more than one carrier is involved in the transport);
(c) the conditions under which a seating position may be purchased in advance;
(d) conditions for the carriage of children, baby carriages, passengers with reduced mobility and disabled carriages;
(e) how the fare is refunded in the absence of transport;
(f) the extent and conditions of carriage of luggage, including the conditions under which dangerous goods may be taken as luggage;
(g) animal transport conditions;
(h) the conditions for the transport of bus consignments.
(2) The Transport Regulations are laid down by Decree of the Ministry of Transport and Communications. The carrier may, under transport conditions different from the transport schedule, lay down the conditions referred to in paragraph 1 (c), (f), (g) and (h).
Replacement bus transport
(1) The operator of national, regional, tramway, trolleybus or special rail transport services on these routes is entitled to operate alternative bus services for the intermittent rail transport. The line of the replacement bus service must not differ in direction, tariff and scope of operation from the interrupted rail transport on the runway.
(2) The rail operator or rail transport operator referred to in paragraph 1 may operate a replacement bus service if it has a passenger road licence under a special regulation. 5) No licence and timetable approval shall be required for the operation of a replacement bus service which does not exceed 45 calendar days consecutive; the route management and the location of stops must be agreed from the point of view of safety by the competent authority of the Czech Police.
(3) The rail operator or rail transport operator referred to in paragraph 1 shall designate the vehicle used for the replacement bus service as "replacement transport '. Paragraph 18 (e) shall apply mutatis mutandis.
(4) Replacement services shall allow the transport of persons with reduced mobility to an extent corresponding to interrupted rail transport on the runway. ';
33.
Public service obligations
(1) For the purposes of this Act, public service obligations are those relating to operating, transport and tariff obligations in the public interest in order to ensure the transport service of the territory which the carrier is obliged to accept and which otherwise would not, in its commercial interest, accept or accept only in part.
(2) The public service obligation for public scheduled services is established on the basis of a written contract concluded between the transport authority, the municipality, or in the case of international public scheduled services, the Ministry of Transport and Communications and the carrier.
(3) In the event of an urgent need in the public interest to ensure the basic transport service of the territory, a public service obligation may arise on the basis of a decision taken by the Transport Authority or, in the case of international public scheduled services, the Ministry of Transport and Communications before the conclusion of a written public service contract pursuant to paragraph 2. The competent decision-making authority shall be the transport authority which decides to grant the licence. This decision may be given only for a fixed period, up to a maximum of six months. The appeal against this decision shall not have suspensory effect.
(4) In the event that the public service obligation referred to in paragraph 2 or 3 imposes an obligation on a carrier to operate a public scheduled service for which it is not licensed, the competent transport authority shall initiate the procedure for the granting of a licence without a proposal from the carrier. ';
34. after Paragraph 19, the following paragraphs 19a and 19b are inserted:
Transport services
(1) The basic transport service of the territory is transport to schools, offices, courts, medical facilities providing basic health care and employment, including back transport. The extent of the State's share of its collateral shall be determined by the competent transport authority according to local conditions of the territory, taking into account the provision of basic transport services by public rail passenger transport.
(2) The decision to grant a licence to individual carriers and the approval of the timetable for carriers ensures basic transport services by connecting lines and connections and by connecting them to rail transport. In the event that the necessary basic transport service is not ensured in this way, the Transport Authority is entitled to apply the provisions of Section 19 on public service obligations.
(3) Other transport services means the remaining transport needs of the territory. Other transport services, if they are not provided for in the decision-making of the licence or in the approval of timetables, shall be provided by the municipality or the municipality (6a) by a public service contract pursuant to Paragraph 19 (2).
Proven loss
(1) The demonstrable loss incurred by the carrier as a result of the provision of transport services by the discharge of public service obligations must replace:
(a) a transport office from the budget of the district office, in respect of the provision of basic transport services by public regular services;
(b) a municipality from its budget when it is concerned with providing other transport services by public regular services;
(c) Ministry of Transport and Communications, when dealing with the provision of basic transport services by international public regular services.
(2) Where a public service obligation for the provision of transport services of the territory is concluded by a contract pursuant to Article 19 (2), a preliminary expert estimate of the demonstrable loss for the entire period covered by the public service obligation is required by the carrier. The Transport Authority, the Municipality or the Ministry of Transport and Communications shall pay a demonstrable loss at the level of this preliminary expert estimate, plus only unforeseeable demonstrable costs.
(3) Where a public service obligation arises to ensure basic transport services by a decision of the Transport Authority or of the Ministry of Transport and Communications pursuant to Paragraph 19 (3), the Transport Authority or the Ministry of Transport and Communications of the Carrier shall, before issuing a decision, call for a preliminary expert estimate of the demonstrable loss for the entire period for which the decision is to be issued and shall set a time limit for its submission. The payment of the demonstrable loss shall be made in accordance with paragraph 2.
(4) The Transport Authority or the Ministry of Transport and Communications shall be authorised, in the framework of the exercise of state professional supervision, to control the use of funds to provide transport services by public regular services from the district office budget, from the municipal budget or from the state budget.
(5) The definition of demonstrable losses, the method of calculating the preliminary expert estimate of demonstrable losses, the method of calculating the demonstrable losses, the rules on the allocation of funds from the relevant budgets, the documents by which the calculations of demonstrable losses must be supported and the manner in which state professional supervision of the financing of transport services is carried out shall be laid down in the implementing regulation.
6a) Act No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended. '.
35. In Section 20, the words "regular passenger transport hauliers' are replaced by the words" stop marker operator '.
36. In Paragraph 20, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The location of the stop marker referred to in paragraph 1 is not a special use of the infrastructure under a special Regulation. 6) ';
37. Article 21 (2) and (3) read as follows:
"(2) The taxi operator shall ensure that the driver uses the taximeter referred to in paragraph 1 when operating the taxi service and provides the passenger from the taximeter printer with proof of payment of the fare.
(3) Details of the technical conditions for the operation of the taxi service, in particular details of the marking of the vehicle and the particulars of the document referred to in paragraph 2, shall be laid down in the implementing act. "
38. Paragraph 21 shall be added to paragraphs 4, 5, 6 and 7:
"(4) The taxi operator shall notify immediately in writing the start of the taxi service in the territory of the municipality or municipalities to the transport office in whose territory the municipality or municipalities are located. In the written notification, the taxi operator shall indicate:
(a) the trade name, registered office and legal form of the legal person and its identification number, if the operator is a legal person or a trading name, permanent residence, birth number and natural person's identification number, if the operator is a natural person;
(b) the number under which the concession was issued;
(c) the name, surname and birth number of all taxi drivers;
(d) the date on which the taxi service is started in the territory of the municipality or municipalities.
The written notification shall be supported by the taxi operator:
- copies of the concession,
- a declaration of integrity and reliability of all taxi drivers,
- a certificate from the municipality to pass the test on the driver of the taxi service from the register, from the legislation governing the taxi service and consumer protection, and from the knowledge of the service provider of the meter, provided that the municipality, in a generally binding decree of the municipality, has established the test as a condition for the operation of the taxi service on the territory of the municipality.
In addition, it shall immediately notify the Transport Authority in writing of any changes to that information and of any termination of the taxi service.
(5) On the basis of a written notification, the Transport Authority shall issue to the driver of the taxi service a certificate of the driver's competence to operate the taxi service in the defined geographical area of the transport office. The Transport Authority shall withdraw the driver's taxi licence if the conditions for its issue are no longer met. The taxi operator shall ensure that the driver's taxi licence is located in a visible location in the taxi vehicle.
(6) An operator of road passenger transport for hire or reward other than a taxi service shall ensure that the passenger cars used by it are not marked in a way that is interchangeable with taxis vehicles and that the transport services provided by it are not offered in a way that is interchangeable with the taxi service.
(7) The municipality may provide for a general binding decree of the municipality as a condition for the operation of a taxi service on the territory of the municipality to demonstrate the knowledge of the victualling, the knowledge of the legislation governing the taxi service and the protection of the consumer and the knowledge of the taximeter operator and the method of verifying that knowledge. '
39. in Paragraph 22 (5), reference (8), after the words "specific provisions," shall be replaced by reference (7) and footnote (8) shall be deleted; The following sentence shall be added at the end of paragraph 5: "The Ministry of Transport and Communications may grant exemptions for newly developed products, technologies, packaging technology and other newly developed elements from the time limits and conditions laid down by the Special Regulation7) and the Implementing Regulation. '
40. In Article 24 (1) and (2), reference No 7 shall be added at the end of the two paragraphs.
(41) Paragraph 24 (3) shall be deleted at the end of reference No 8).
42. Paragraph 25 is deleted.
43. The following words shall be added at the end of Paragraph 30 (2): "including the settlement of the costs incurred in allocating these permits'.
44. Paragraph 31 (3) reads as follows:
"(3) An entry permit shall not be required for a foreign carrier in respect of road transport by a passenger car for its own use or for occasional traffic by sightseeing or passenger transport to a designated location with a subsequent return journey of an unladen vehicle. ';
45. Paragraph 34 (1) reads as follows:
"(1) State professional supervision in road transport is carried out by transport authorities in their territorial area and in the case of international passenger transport by the Ministry of Transport and Communications. In the exercise of state professional supervision, they shall verify that the carriers comply with the conditions and fulfil the obligations laid down by this law and that they operate according to the authorisation granted. Furthermore, the Transport Authorities and the Ministry of Transport and Communications carry out state expert supervision over the financing of transport services. '
46.
Transport office or Ministry of Transport and Communications in breach of this Act will impose a fine of up to CZK 1 000 000 which
(a) does not respect the conditions for the operation of regular passenger services laid down in the licence;
(b) operates road transport without appropriate authorisation;
(c) does not ensure compliance with the prescribed driving time and the prescribed rest periods at the work of drivers;
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Regulation Information
| Citation | Act No. 304 / 1997 Coll., amending and supplementing Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.1997 |
|---|---|
| Effective from | 01.04.1998 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
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