Act No. 304 / 2017 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
Valid
Law
Effective from 04.10.2017
Zobrazeno prvních 200 z celkem 469 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
304
THE LAW
of 16 August 2017
amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Transport Act
Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 140 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 227 / 2004 Coll., Act No. 374 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 130 / 2008 Coll., Act No. 250 / 2008 Coll., Act No. 411 / 2008 Coll.
1. In Article 2 (12), the words "or temporarily restricted 'shall be inserted after the words" interrupted'.
2. in Article 9 (2) (a):
"(a) each vehicle used for business has been operated by:
1. proof of an authorisation for a business or a copy thereof, if it relates to national public regular passenger services; or
2. proof of authorisation to do business or a copy thereof, a contract for international special regular services, provided that the European Union Regulation is directly applicable (18), and other documents relating to the carriage carried out, issued under this Act, the directly applicable European Union13) or the declared international agreement, to which the Czech Republic is bound, in other cases, ';
3. in Article 9 (2) (b), "(d)" is replaced by "(c)";
4. in Article 9 (3) (a) of the introductory part of the provision, the words "two or more times the penalty for an offence or another administrative offence has been imposed in the last 5 years" shall be replaced by the words "administrative penalty for an offence has been imposed in the last 3 years."
5. in Article 9 (3) (a) (1), the words "breach of price regulations" shall be replaced by the words "requesting a price of an amount not in accordance with price regulations."
6. in Article 9 (3) (a) (2), the word "or" shall be deleted;
7. in Article 9 (3) (a) (3), the words "or transport document" shall be inserted after the word "fare."
8. In Article 9 (3), the following points 4 and 5 are added at the end of point (a):
"4. failure to record the actual course of transport; or
5. the absence of control or state professional supervision; ';
9. in Paragraph 9 (3) (b) of the introductory part of the provision, the words "penalties have been imposed in the last 3 years" shall be replaced by the words "administrative penalties have been imposed in the last 2 years."
10. in Article 9 (3) (b) (1) to (3), the words "or riding an animal" shall be inserted after the words "driving a vehicle."
11. in Article 9 (3), point (c) is deleted;
Points (d) and (e) shall be renumbered (c) and (d).
12. in Article 9 (3) (c), the words "or fraud" shall be replaced by the words "fraud, dangerous threats, trafficking in human beings, drug abuse, sexual abuse, consumer harm, drunkenness, general threat or terrorist attack."
13. in Paragraph 9 (3) (d), the words "penalties have been imposed" shall be replaced by the words "administrative penalties have been imposed."
14. in Article 9 (6), the words "the penalty for an administrative offence or the order of order referred to in paragraph 3 (a) or (c), or the penalty or penalty" shall be replaced by the words "the administrative penalty for an offence referred to in paragraph 3 (a) or the penalty or administrative penalty."
15. in Article 9, the following paragraph 7 is added:
"(7) Where the suspensive effect of an action has been recognised against a decision imposing an administrative penalty as an offence, the date on which the court's decision on the action became final shall be deemed, for the purposes of assessing reliability, to be the date on which the administrative penalty was imposed. '
16. Paragraph 9a, including footnote 31, reads as follows:
The provisions on the conclusion and implementation of the transport contract, the liability of the carrier, the complaint and the action and the carriage of several carriers, contained in the Convention on the Transport Contract in International Road Freight Transport (CMR) 31, shall apply mutatis mutandis to the contract for the carriage of goods, the rights and obligations of the transport of goods, the compensation for damage caused by the carriage of goods and the liability of individual carriers in the carriage of goods, which has been combined with several carriers.
31) Decree No. 11 / 1975 Coll., on the Convention on the Transport Contract in International Road Freight Transport (CMR). '
17. In Part II, the following shall be inserted after the title of the second title:
National regular passenger transport '.
18. The heading above the title of Section 10 is deleted.
19. Sections 10 to 15, including footnote 32, read:
(1) National scheduled passenger services can only be operated by a road transport operator holding a licence to operate it issued by the Transport Authority.
(2) A road transport operator may, for a maximum period of 60 days, operate domestic regular passenger services even without a licence if it is operated in accordance with:
(a) the decision imposing on him the provision of public passenger transport services in an exceptional situation under the law governing the provision of public passenger services (32);
(b) with a contract concluded on the basis of a direct award in an emergency situation under the law governing the provision of public services in the carriage of passengers 32); or
(c) a contract concluded on the basis of a contract award in a negotiated procedure without publication under the Public Procurement Act.
(1) The granting of a licence for the operation of domestic regular passenger services is decided upon by the carrier at the request of the transport authority in whose administrative district the starting point of the line is to be. The application may be submitted not earlier than 1 year before the date on which the applicant intends to start operating regular passenger services.
(2) The application for a licence, in addition to the general requirements laid down in the administrative rules, contains:
(a) an indication of the form of regular passenger services and, where urban bus transport is concerned, an indication of that fact;
(b) the route of the line, including the stops for entry and exit, their full names and the determination of the starting and destination stops (hereinafter referred to as "line management"); and
(c) the date on which the applicant intends to start operations on regular passenger services.
(3) Furthermore, the licence application must contain:
(a) where regular passenger services are to be operated in full on the basis of one or more public passenger transport contracts (hereinafter referred to as "scheduled services under a public service contract"), an indication of that fact and the information necessary to identify each of these contracts; or
(b) if there is special regular services, categories of passengers and details of the person for whom such services are to be operated, which are the name and surname, name or business name and the date of birth and address of permanent residence or, if legal or business person, its identification number and address of the registered office.
(4) The transport authority shall decide on the application within 60 days of the date of its submission.
(1) The Transport Authority shall grant a licence where:
(a) the indication of all stops on the route of the route in the direction of the line lines has been established or placed by local or transitional road traffic adjustment in accordance with the procedure laid down in the Road Traffic Act;
(b) the carrier has not committed the conduct referred to in Article 15 (1) (a) or, from the date on which such conduct was committed, a period of more than 3 years has elapsed on the date on which the application was submitted; and
(c) the line management is in line with all public service contracts for the carriage of passengers (32), on the basis of which the service is to be operated, if it is for scheduled services under the public service contract.
(2) In the case of regular passenger services which are not intended to be operated in full on the basis of a public passenger transport contract (hereinafter referred to as "scheduled services without a public service contract '), the transport office shall not grant a licence even if the requirements of paragraph 1 are met if such services would be superfluous with regard to the provision of transport needs on the route of the public service line or public rail passenger services to be operated on the basis of a closed public passenger service contract (hereinafter referred to as" public passenger services contract') and have negative economic effects on public passenger services under the public service contract. In particular, the negative economic effects consist of an increase in the costs of operating transport or a reduction in the revenues from transport.
(3) The decision granting the licence must include, in addition to the general requirements laid down in the administrative rules,
(a) an indication of the form of regular passenger services and, where urban bus transport is concerned, an indication of that fact;
(b) the identification and management of the line,
(c) the date on which scheduled passenger services start operations;
(d) the period for which the licence is granted;
(e) categories of passengers, if they are special regular services; and
(f) identification of the contracts on the basis of which transport is to be operated, if it is for regular services under a public service contract.
(4) The decision granting the licence may provide for:
(a) the conditions under which the operation of the line may be partly ensured by another carrier, provided that the public service contract for the carriage of passengers 32 allows it to be operated; or
(b) conditions restricting the operation of transport resulting from:
1. the construction or transport technical characteristics of the infrastructure on the route of the route; or
2nd application.
(5) Where the redundancy or negative economic effects referred to in paragraph 2 are to be avoided by restrictions on the operation of transport, the transport authority shall provide in the decision granting the licence:
(a) other conditions restricting the operation of transport, in particular time restrictions on transport links on the route of the route, restrictions on the boarding and exit of passengers on the route of the route or conditions for the carriage of passengers on the route of the route; or
(b) the date of commencement of operations other than those indicated in the application.
(6) The licence is granted for 5 years, or
(a) for a shorter period if the carrier so requested;
(b) for the period of validity of the public service contract for the carriage of passengers 32), on the basis of which regular passenger services are to be operated, if they are for regular services under a public service contract; where these services are to be operated under several contracts, licences shall be granted for the period of validity of the contract to be terminated first; or
(c) for the period of validity of the public service contract for the carriage of passengers 32), which shall expire not earlier than 5 years from the date on which the carrier intends to commence operations, if it is a regular service without a public service contract, the route of which is identical or similar to the route of the public line or public rail passenger services operated under this contract but for at least 2 years.
(1) If regular services are not covered by a public service contract, the transport authority shall, before the decision granting the licence is taken, request a binding opinion from the transport authority in whose administrative district a stop is to be placed on the route under consideration (hereinafter referred to as "the authority concerned ') to assess whether there is a reason for not granting the licence under Article 12 (2) in its administrative area.
(2) Where a reason for not granting a licence is given, the Authority concerned shall, in a binding opinion, define and justify in what cases and under what circumstances the transport under consideration would be superfluous in order to ensure the transport needs of the route in its administrative district by public passenger transport on the basis of a public service contract and have negative economic effects on such transport.
(3) The binding opinion referred to in paragraphs 1 and 2 shall be delivered by the Authority concerned within 30 days of receipt of the request.
(1) At the request of the licence holder, the transport authority shall decide within 60 days from the date of submission of the application to amend the licence. An amendment of the licence consisting exclusively of a change in the name of the stop may also be decided by the transport authority on an ex officio basis, provided that the change in the name of the stop has not taken place by reason of the carrier. Paragraphs 12 (1) (a) and (c), 12 (2), (4) and (5) and 13 shall apply mutatis mutandis to the licence amendment procedure. If there is no change in line management, the start date and the conditions laid down in Sections 12 (4) (b) (2) and 12 (5) (a) shall not apply.
(2) The period of validity of the licence cannot be extended.
(3) In the event of the disappearance of a licensed legal person with the transfer of his rights and obligations to a legal successor who is a road passenger transport operator operated by large vehicles, regular passenger services may be operated under a licence for a period of 15 days from the date of the termination of the legal person or, if, within that period, the legal successor submits an application for a change of licence in the person holding the licence, at least until the time when the transport authority decides on that application; the transport office shall comply with the application if the applicant has not committed the conduct referred to in Article 15 (1) (a), or has been more than 3 years since the date of such action.
(1) The licence shall be withdrawn by the Transport Authority,
(a) unless the licence holder is in serious danger of meeting the transport needs by this means;
1. has repeatedly seriously infringed the obligations laid down by this law;
2. has repeatedly seriously infringed the conditions for the operation of traffic laid down in the licence; or
3. The scheduled passenger service for which this licence was granted did not start to operate within 30 days of the date on which its operation was to start,
(b) if the licence holder has applied for the withdrawal of the licence; or
(c) where a public service contract for the carriage of passengers has expired (32) on the basis of which the service under this licence was operated when scheduled services are based on a public service contract.
(2) In the case of passenger scheduled services operated under several public passenger transport contracts (32), and in the case of a licence amendment procedure which is to be limited to the scope of the licence granted to the operation of traffic under the contracts in force, the withdrawal procedure has been initiated on the basis of paragraph 1 (b). (c) shall be suspended or not commenced until the procedure for the amendment has been completed.
(3) The licence expires
(a) the expiry of the period for which it was granted;
(b) the termination of the concession;
(c) the death of the natural person holding the licence;
(d) the disappearance of the legal person holding the licence, if not the case referred to in Article 14 (3),
(e) by rejecting an application for a change of licence pursuant to Article 14 (3); or
(f) a decision by the Office to withdraw the licence.
32) Act No. 194 / 2010 Coll., on public passenger transport services and amending other laws, as amended by Act No. 135 / 2016 Coll. '.
20. The following shall be inserted after Section 15:
International regular passenger transport '.
21.
(1) Only road transport operators may operate international regular passenger services on the basis of:
(a) licences granted by the Ministry of Transport and licences issued by a competent authority of another State for the territory of that State by which the line is maintained; or
(b) an authorisation to operate international regular passenger services under the directly applicable European Union18) granted by the Ministry of Transport or by the competent authority of another Member State.
(2) If there is an international special regular service under the directly applicable European Union18), it may also be operated under an international special regular service contract under the directly applicable European Union18).
(1) The Ministry of Transport shall decide on the granting of a licence to operate international regular passenger services at the request of the carrier. The application may be lodged not earlier than 1 year before the date on which the applicant intends to start operating this transport.
(2) The application for a licence, in addition to the general requirements laid down in the administrative rules, contains:
(a) an indication of the form of regular passenger services;
(b) line management,
(c) the date on which the applicant intends to start operations on regular passenger services;
(d) the timetable proposal;
(e) the draft tariff;
(f) draft contractual terms of carriage; and
(g) details of how compliance with the obligations relating to day driving time, continuous driving time, safety breaks and rest periods for drivers to drive on-line.
(3) Furthermore, the licence application must contain:
(a) if international passenger regular services are to be operated throughout the territory of the Czech Republic on the basis of one or more public passenger transport contracts (hereinafter referred to as "international transport services under a public service contract"), an indication of this fact and the information necessary to identify each of these contracts; or
(b) if there is special regular services, categories of passengers and details of the person for whom such services are to be operated, which are the name and surname, name or business name and the date of birth and address of permanent residence or, if legal or business person, its identification number and address of the registered office.
(4) The application shall be decided by the Ministry of Transport within 30 days of the receipt of the licence issued by the competent authority of a foreign State for the management of the line on the territory of that State. ';
22. the following Sections 16b to 16e are inserted after Article 16a:
(1) The Ministry of Transport shall grant a licence where:
(a) the indication of all stops on the route of the route in the direction of the line lines has been established or placed by local or transitional road traffic adjustment in accordance with the procedure laid down in the Road Traffic Act;
(b) the carrier has not committed the conduct referred to in Article 15 (1) (a) or, from the date on which such conduct was committed, a period of more than 3 years has elapsed on the date on which the application was submitted;
(c) other requirements are met if the declared international agreement is to be binding on the Czech Republic; and
(d) the management of the line on the territory of the Czech Republic is in line with all public passenger service contracts (32) on the basis of which transport is to be operated when international transport is subject to a public service contract; in order to verify this condition, the Ministry of Transport shall request a binding opinion from the Authority concerned.
(2) If international passenger regular services are not to be operated in their entirety in the territory of the Czech Republic on the basis of a public passenger service contract (hereinafter referred to as "international transport without a public service contract '), the Ministry of Transport, even if the requirements of paragraph 1 are met, shall not grant a licence if such services would be superfluous in terms of the proposed timetable in order to ensure public passenger transport needs under the public service contract and have negative economic effects on public passenger services under the public service contract. In particular, the negative economic effects consist of an increase in the costs of operating transport or a reduction in the revenues from transport.
(3) The decision granting the licence must include, in addition to the general requirements laid down in the administrative rules,
(a) an indication of the form of regular passenger services;
(b) the identification and management of the line,
(c) the date on which scheduled passenger services start operations;
(d) the period for which the licence is granted;
(e) categories of passengers, if they are special regular services; and
(f) identification of the contracts on the basis of which transport is to be operated, if it is for international transport under a public service contract.
(4) The decision granting the licence may provide for:
(a) the conditions under which the operation of the line may be partly ensured by another carrier; or
(b) conditions restricting the operation of transport resulting from:
1. the construction or transport technical characteristics of the infrastructure on the route of the route; or
2nd application.
(5) If the excess or negative economic effects referred to in paragraph 2 are to be avoided by restrictions on the operation of transport, the Ministry of Transport shall provide in the decision granting the licence:
(a) other conditions restricting the operation of transport, in particular time restrictions on transport links on the route of the route, restrictions on the boarding and exit of passengers on the route of the route or conditions for the carriage of passengers on the route of the route; or
(b) the date of commencement of operations other than those indicated in the application.
(6) Licences are granted
(a) for the period laid down in the relevant declared international agreement to which the Czech Republic is bound but not more than 5 years; or
(b) for a shorter period if the carrier so requested.
(1) If international transport is not covered by a public service contract, the Ministry of Transport shall, before issuing a decision granting the licence, request a binding opinion from the Authority concerned to assess whether there is a reason for not granting the licence in accordance with Article 16b (2) in its administrative area.
(2) Where a reason for not granting a licence is given, the Authority concerned shall, in a binding opinion, define and justify in which cases and in what circumstances the proposed timetable would make the transport under consideration redundant to ensure the transport needs of the route in its administrative district by public passenger transport under the public service contract and have negative economic effects on such transport.
(3) The binding opinion referred to in paragraphs 1 and 2 shall be delivered by the Authority concerned within 30 days of receipt of the request.
(1) At the request of the licence holder, the Ministry of Transport shall decide on the change of licence. The Ministry of Transport may also decide to change the licence consisting exclusively of a change in the name of the stop, provided that the change in the name of the stop has not occurred on the part of the carrier. Article 16b (1) (a) and (c), Article 16b (2), (4) and (5) and Article 16c shall apply mutatis mutandis and Article 16a (2) and (3) shall apply mutatis mutandis. If there is no change in line management, the start date and the conditions laid down in § 16b (4) (b) (2) and § 16b (5) (a) shall not apply.
(2) The period of validity of the licence cannot be extended, except for the extension of the validity of a licence in the public interest to the uninterrupted satisfaction of transport needs by a maximum of 90 days; the procedure under Article 16c and the time limit under Article 16a (3) shall not apply in this case.
(3) Paragraph 14 (3) shall apply mutatis mutandis in the event of the disappearance of a licensed legal person with the transfer of his rights and obligations to a legal successor who is a road transport operator operating large vehicles.
(4) The Ministry of Transport shall decide on the withdrawal of the licence. Paragraph 15 (1) and (2) shall apply mutatis mutandis.
(5) The licence will cease to be valid in the cases referred to in Article 15 (3).
Article 16b (2) and (5), (16c) and (16d) shall apply mutatis mutandis to the issue, modification and withdrawal of authorisations for international regular passenger services under the directly applicable European Union18. ';
23. The following shall be inserted after Section 16e:
The timetable '.
24. In Part II, Title II, the following Section 16f is inserted after the title of Part 3:
(1) The timetable for public regular passenger transport or its amendment shall be approved at the request of the carrier.
(a) the transport authority which has granted the licence, if it is national regular passenger services;
(b) Ministry of Transport, for international regular passenger transport.
(2) The Transport Authority or the Ministry of Transport shall approve or amend the timetable if:
(a) comply with the licence or permit;
(b) the time data do not conflict with the construction or transport characteristics of the road or road traffic rules or local road traffic arrangements in the sections over which the line is conducted;
(c) does not conflict with the spatial parameters of the stops and their temporal use by vehicles of other lines; and
(d) contain only public service transport services for passengers (32), where scheduled services are subject to a public service contract or an international service contract.
(3) If international regular passenger services are covered by the directly applicable European Union18), the Ministry of Transport will approve the timetable in the framework of the authorisation to operate such services if the conditions laid down in paragraph 2 (b) to (d) are met.
(4) If there is an international transport without a public service contract, the Ministry of Transport will not approve a change in the timetable if international transport without a public service contract would be superfluous in terms of the required change in the timetable in view of ensuring public passenger transport needs under the public service contract and would have negative economic effects on such transport. Before issuing a decision to change the timetable, the Ministry of Transport shall request a binding opinion from the Authority concerned to assess whether there is a reason for not approving the timetable change in its administrative district according to the first sentence. A binding opinion shall be delivered by the Authority concerned within 30 days of receipt of the request. A binding opinion of the Authority concerned shall not be required if the change of timetable does not affect its administrative circuit or if the change of timetable is linked to a previous change of licence.
(5) If there is a derogation in the operation of the traffic referred to in Paragraph 18 (2), the carrier shall submit a proposal for an exclusive timetable for approval without undue delay after having become aware of the closure of the infrastructure or the detour. The rules of departure shall be approved if the conditions laid down in paragraph 2 (b) and (c) are met and if the route is conducted, by way of derogation from the licence, only to the extent necessary and in accordance with the closure or detour decision, if it has been issued. The timetable shall replace the timetable approved in accordance with paragraph 2 for the duration of the derogation.
(6) If the transport authority or the Ministry of Transport approves the timetable, the exclusive timetable or the amendment thereof, it may, instead of a written copy of the decision, indicate on the timetable an approval clause containing an indication that the timetable has been approved, an indication of the administrative authority which approved the timetable, the name, surname and signature of the authorised official, an official stamp and the date of approval of the timetable. The timetable provided for in the approval clause shall be delivered to the applicant.
(7) Where transport is carried out without a licence pursuant to Paragraph 10 (2), the timetable shall not be issued. In such a case, the carrier is obliged to publish at the stops information about the line management and times of arrival and departure of transport connections.
(8) A change in the timetable consisting exclusively of a change in the name of the stop may also be decided by the Transport Office or by the Ministry of Transport on an ex officio basis, provided that the change in the name of the stop has not taken place on the part of the carrier. '
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 304 / 2017 Coll., amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2017 |
|---|---|
| Effective from | 04.10.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0