Act No. 337 / 2020 Coll.
Act amending Act No. 111 / 1994 Coll., on Road Transport, as amended, and other related laws
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Law
Effective from 01.10.2020
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337
THE LAW
of 23 July 2020
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. 110 / 2008 Coll.
1. In Article 1 (1), the words "adapted to the directly applicable provisions of the European Union13) 'are replaced by the words" incorporating the relevant provisions of the European Union35), together with the directly applicable provisions of the European Union13), and the words "road' are deleted.
footnotes 13 and 35 are as follows:
"(13) Regulation No 11 on the elimination of discrimination in the field of transport tariffs and conditions implementing Article 79 (3) of the Treaty establishing the European Economic Community, as amended. Regulation (EC) No 561 / 2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Council Regulations (EEC) No 3821 / 85 and (EC) No 2135 / 98 and repealing Council Regulation (EEC) No 3820 / 85, as amended. Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC, as amended. Regulation (EC) No 1072 / 2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road freight market, as amended. Regulation (EC) No 1073 / 2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561 / 2006, as amended. Regulation (EU) No 181 / 2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006 / 2004. Regulation (EU) No 165 / 2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821 / 85 on recording equipment in road transport and amending Regulation (EC) No 561 / 2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport. Commission Regulation (EU) 2016 / 403 of 18 March 2016 supplementing Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council with regard to the classification of serious infringements of Union rules which may lead to the loss of reputation of road transport operator and amending Annex III to Directive 2006 / 22 / EC of the European Parliament and of the Council.
35) Directive 2002 / 15 / EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. Directive 2018 / 645 / EU of the European Parliament and of the Council of 18 April 2018 amending Directive 2003 / 59 / EC on the initial qualification and periodic training of drivers of certain road vehicles for freight or passenger transport and Directive 2006 / 126 / EC on driving licences. ';
2. In Article 1 (3), the words "or transport carried out under paragraph 4 'are deleted.
3. Paragraph 1 (4), including footnote 4d, reads:
"(4) The provisions on state professional supervision and administrative punishment shall also apply to compliance with and demonstration of driving, safety breaks and rest periods during transport for purposes other than business to the extent provided for by the directly applicable European Union regulation on harmonisation of social legislation relating to road transport4d).
(4d) Regulation (EC) No 561 / 2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Council Regulations (EEC) No 3821 / 85 and (EC) No 2135 / 98 and repealing Council Regulation (EEC) No 3820 / 85, as amended. ';
4. in Article 3 (1) (b):
"(b) ensure that a large vehicle is equipped with a cargo document containing the data provided for in the implementing legislation and that the document is kept for a period of 2 years from the end of the shipment,"
5. footnote 4a is deleted.
6. In Article 3, paragraphs 2 to 4 are deleted and the designation of paragraph 1 is deleted.
7. The following Sections 3a and 3b are inserted after Section 3, including the headings and footnotes Nos 4, 36 and 37:
Vehicle driving time, safety breaks and rest periods
(1) A local carrier operating road transport by large vehicles, to which the European Union provisions directly applicable to the harmonisation of social legislation relating to road transport (4d) apply in full, is obliged to:
(a) ensure that the driver complies with the requirements for driving time, safety breaks and rest periods laid down in this directly applicable European Union Regulation;
(b) ensure that, in accordance with the directly applicable European Union tachograph regulation in road traffic (4e), the driver has properly kept a record of the driving time, the safety breaks and rest periods, which he has carried with him and submitted during the inspection; and
(c) maintain a record of the driving time, safety breaks and rest periods in accordance with this directly applicable European Union Regulation and the directly applicable European Union tachograph regulation in road transport4e).
(2) A local carrier operating road transport by large vehicles, to which the European Agreement on the Work of Vehicles in International Road Transport (AETR) 4 applies, is obliged to:
(a) ensure that the driver complies with the requirements for driving time, safety breaks and rest periods laid down in this international agreement;
(b) ensure that, in accordance with this international agreement, the driver keeps a proper record of the driving time, safety breaks and rest periods, which he has carried with him and submits during the inspection; and
(c) maintain a record of the driving time, safety breaks and rest periods in accordance with this international agreement.
(3) Articles 5 to 7 of the directly applicable European Union Regulation on the harmonisation of social legislation relating to road transport4d) shall not apply to shipments as defined in Article 13 of this directly applicable European Union Regulation.
(4) In the case of transport carried out in accordance with paragraph 3, the driver shall interrupt the driving of the vehicle after a maximum of 4,5 hours of driving by a safety break of at least 45 minutes, unless there is continuous rest between two shifts or continuous rest of the week. The security break may be divided into several parts if each of them is at least 15 minutes. During the safety break, the driver may only supervise the vehicle and its load.
(5) For the carriage of passengers in regular passenger services where the length of any of the connections does not exceed 50 km, the driver shall not drive the vehicle for a total of 10 hours within 24 hours consecutive and 100 hours within 2 calendar weeks consecutive. The driving time may be extended to the extent necessary to reach an appropriate stop point to ensure the safety of persons or vehicles. The driver is obliged to comply with the requirements for safety breaks and rest periods laid down by special legislation36).
(6) For shipments carried out in accordance with paragraph 3:
(a) the driver is obliged to keep a record of the driving time, safety breaks and rest periods
1. by means of a tachograph in accordance with the directly applicable European Union tachograph regulation in the transport by road (4e), if the carriage is carried out by a vehicle equipped with a tachograph; or
2. by means of another recording device or by hand, if it is a vehicle which is not equipped with a tachograph; in that case, the directly applicable European Union tachograph regulation in road transport4e shall not apply;
(b) the driver must carry a record of the driving time, the safety breaks and rest time from the day in progress and the 7 days immediately preceding that date and the driver card, if issued to him, and submit them at the time of inspection;
(c) the carrier is obliged to ensure that the driver complies with the requirements for the driving time, safety breaks and rest periods, in accordance with point (a), keeps a record of the driving time, safety breaks and rest periods and, in accordance with point (b), holds this record and presents it during inspection; and
(d) the carrier is obliged to keep a record of the driving time, safety breaks and rest periods for 1 year after the end of the transport.
(7) For shipments carried out pursuant to paragraph 5:
(a) the driver is obliged to keep a record of the driving time, safety breaks and rest periods
1. by means of a tachograph in accordance with the directly applicable European Union tachograph regulation in the road transport4e; or
2. by means of another recording device or manually; in that case, the directly applicable European Union tachograph regulation in road transport4e shall not apply;
(b) the driver must carry a record of the driving time, the safety breaks and rest time from the day in progress and the preceding day and the driver card, if issued to him, and present them during the check;
(c) the carrier is obliged to ensure that the driver complies with the requirements for the driving time, safety breaks and rest periods, in accordance with point (a), keeps a record of the driving time, safety breaks and rest periods and, in accordance with point (b), holds this record and presents it during inspection; and
(d) the carrier is obliged to keep a record of the driving time, safety breaks and rest periods for 1 year after the end of the transport.
(8) The data to be recorded on the driving time, safety breaks and rest periods pursuant to paragraph 6 (a) or paragraph 7 (a) and the method of recording such data shall be laid down in the implementing legislation.
Company card
(1) Within 15 working days of the application, the municipal authority of the municipality with extended scope shall issue an undertaking card in accordance with the directly applicable European Union tachographs regulation in the road transport4e), provided that the applicant holds a commercial or other business authorisation.
(2) The business card shall not be issued to the applicant unless:
(a) is authorised to validate tachographs 6a);
(b) is a member of an authority of a legal person authorised to validate tachografes6a;
(c) is an employee of a person authorised to validate tachographs 6a); or
(d) the member of his institution or his staff shall be:
1. authorised to verify tachographs 6a),
2. a member of an authority of a legal person authorised to validate tachografs6a); or
3. by an employee of a person authorised to validate tachographs 6a).
(3) The absence of an obstacle to the issue of an undertaking card under points (b) to (d) of paragraph 2 must be supported by a declaration of honour.
(4) Data on the issue of the company card will be entered by the municipal authority of the municipality with extended competence in the digital tachografu37 information system).
4) Communication from the Ministry of Foreign Affairs No. 62 / 2010 Coll. p., replacing the Communication from the Ministry of Foreign Affairs No. 108 / 1976 Coll., No. 82 / 1984 Coll. and No. 80 / 1994 Coll., on the declaration of the adoption of amendments and amendments to the Europe Agreement on the work of vehicles in international road transport (AETR), as amended by the Communication from the Ministry of Foreign Affairs No. 82 / 2010 Coll. s. s.
36) Government Decree No. 589 / 2006 Coll., providing for a derogation from the working time and rest periods of workers in transport, as amended.
37) Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended. '
8. In the second sentence of Paragraph 9b (4), the words "driving time, driving breaks and driver rest periods' are replaced by the words" driving time requirements, safety breaks and rest periods'.
9. in Article 16a (2) (g), the words' day driving time, continuous' shall be deleted;
10.Paragraph 21c (1) reads as follows:
"(1) Only a person holding a taxi driver's licence shall be entitled to perform the taxi driver's work. A taxi driver's authorisation shall be granted at the request of any transport authority if the applicant is:
(a) over 21 years of age,
(b) reliable in accordance with Article 9 (2); and
(c) be entitled to reside in the territory of the Czech Republic and, if required under the Employment Act, be entitled to work in the territory of the Czech Republic, if it is a citizen other than a Member State who does not hold a concession for the operation of road transport by passenger vehicles intended for the carriage of up to 9 persons, including the driver, his spouse or a registered partner. "
11. in Article 21c, the following paragraph 2 is inserted after paragraph 1:
"(2) The application referred to in paragraph 1 shall be accompanied by a photograph complying with the requirements of the Civil ID Act. Where the applicant is a citizen other than a Member State and does not hold a concession for the operation of road motor transport by passenger vehicles intended for the carriage of up to 9 persons, including the driver, his spouse or registered partner, the application shall also be accompanied by:
(a) a document proving its residence permit in the Czech Republic; and
(b) a document proving his entitlement to work on the territory of the Czech Republic if required under the Employment Act. "
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
12. in Article 21c (3), the word "further" shall be inserted after the word "applications."
13. in Paragraph 21c (5):
"(5) The driver's authorisation of the taxi service is withdrawn
(a) any transport office at the request of its holder; or
(b) the transport authority competent by place of permanent, long-term, transitional or other authorised residence of the taxi driver where the holder has ceased to be reliable in accordance with Article 9 (2); the decision to withdraw the taxi driver's authorisation is the first action in the proceedings. "
14. in Article 21c (6), the word "any" and the word "this" shall be inserted after the word "notify."
15. in Paragraph 21c (8):
"(8) The driver of the taxi service is obliged to hand over the driver's licence to the taxi service
(a) within 7 days of the date of expiry of the period referred to in paragraph 7 (a) to any transport office;
(b) within 7 days of its expiry in accordance with paragraph 7 (b). (b) the competent authority responsible for the place of permanent, long-term, transitional or other authorised residence of the taxi driver, or (c) at the latest when the new taxi driver licence is issued in the event of expiry in accordance with paragraph 7 (d) to the transport authority issuing the new taxi driver licence. ';
16. in Article 21c, the following paragraph 9 is added:
"(9) The person in charge of state professional supervision, a member of the Police of the Czech Republic or an officer of the municipal police, is entitled to withdraw an invalid driver's card from the taxi service. '
17. In the first sentence of Paragraph 27, the words "and to comply with the prescribed driving time 'are replaced by the words", they have complied with the driving time requirements', and at the end of the sentence, the words "and the records of driving time, safety breaks and rest periods have been kept with them and presented during inspection '.
18. In the second sentence of Paragraph 27, "§ 3 (3) 'is replaced by" § 3 (b)'.
19. In the third sentence of § 27 and in § 35 (1) (j), the text "§ 3 (1) (c) 'is replaced by" § 3 (c)'.
20. Paragraph 33b (2) reads:
"(2) The issuing of a driver certificate shall be decided by the Transport Authority on the basis of an application to be accompanied by:
(a) the driver's travel document;
(b) a document proving the driver's entitlement to stay in the Czech Republic;
(c) a document proving the driver's entitlement to work on the territory of the Czech Republic if required under the Employment Act;
(d) a contract of employment, an agreement on work or an agreement on work concluded between the applicant and the driver, unless, under the Employment Act, the driver's authorisation to work in the territory of the Czech Republic is required or it is evident from the document referred to in (c) that the driver is entitled to perform the work of the driver;
(e) proof of the driver's social security if required under a specific legislation;
(f) driver's licence; and
(g) a driver's professional licence or similar document issued by another Member State, unless the driving licence has been issued by a Member State or there is no record of the driver's professional capacity. ';
21. in Article 33b (3), the words "on which the harmonised code shall indicate the professional competence of the driver (38) shall be inserted after the words" issue the driver certificate. "
Footnote 38 reads:
"38) Decree No. 31 / 2001 Coll., on driving licences and on the register of drivers, as amended."
22. In Paragraph 34 (4), the words "tachograph or other 'are inserted after the words" access to'.
23. In Paragraph 34, the following paragraph 6 is inserted after paragraph 5:
"(6) The taxi operator must not prevent or make it difficult for the authorities of the state of professional supervision, the municipal police and the police of the Czech Republic to start or carry out control transport, in particular by providing false information on the possibility of brokering, excluding from the possibility of brokering transport or by preventing or making it difficult to access the electronic application for brokering transport."
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
24. in the first sentence of Article 34b (1), the words "concerning drivers who have been prohibited from carrying out the activity of driving a large vehicle shall be inserted after the word" representatives. "
25. in Article 34b (2) (d):
"(d) details of the award of a concession for the operation of road transport for foreign purposes, its scope and its amendment or cancellation;"
26. in Article 34b (2) (h) and in Article 35a (3), first sentence, the word "transport15)" shall be replaced by "transport39)."
Footnote 39 reads:
"(39) Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC, as amended. Commission Regulation (EU) 2016 / 403 of 18 March 2016 supplementing Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council with regard to the classification of serious infringements of Union rules which may lead to the loss of reputation of road transport operator and amending Annex III to Directive 2006 / 22 / EC of the European Parliament and of the Council. ';
27. in Article 34b, the following paragraph 4 is inserted after paragraph 3:
"(4) In the Register of Road Transport Entrepreneurs, drivers who have been subject to a prohibition of activity consisting in the prohibition of the activity of the driver of a large vehicle shall be indicated:
(a) the name and, where appropriate, the names and surnames, the date of birth and the address of the place of stay; and
(b) identification details of the decision imposing the prohibition and of the period of the prohibition. "
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
28. in Article 34b (6) (b), the word "identification" shall be deleted;
29. in Paragraph 34b (10) of the introductory part of the provision, the words "paragraphs 3 to 6" shall be replaced by "paragraphs 3 to 7."
30. in Article 34b (10) (c), the word "or" shall be deleted;
31. in Article 34b (10), the following point (d) is inserted after point (c):
"(d) the cessation of the prohibition on the activity of the driver of a large vehicle; or"
Point (d) shall be renumbered as point (e).
32. in Paragraph 34c (8) of the introductory part of the provision, the words "and the municipal authorities of the municipalities with extended scope" shall be inserted after the word "authorities."
33.In § 34c (8) (b):
"(b) from the central register of drivers
1. name (s) and driver's surname (s),
2. the date of birth of the driver,
3. the address of the driver's residence;
4. the number of the driver's licence; and
5. the offences of the driver referred to in § 9 (3) (b). ';
34. in Article 34d (1), the words "with the exception of the particulars referred to in Article 34b (4)" shall be inserted after the words "amendments."
35. in Article 34d (5), point (c) is replaced by the dot and point (d) is deleted;
36. In Article 34d, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) Furthermore, the Transport Authority shall:
(a) the activities referred to in paragraph 1 in relation to taxi drivers, if they are actions under this law which they have implemented; and
(b) the activities referred to in paragraph 4 in relation to taxi drivers who have a permanent, long-term, temporary or other authorised residence in its territory.
(7) The municipal authority of the municipality with extended competence, which has imposed a prohibition on activities consisting of prohibiting the operation of the driver of a large vehicle, shall record the data referred to in Section 34b (4) and their changes in the Register of Road Transport Entrepreneurs and shall be responsible for the accuracy and completeness of those data. Such information shall be provided, on request in accordance with paragraph 4, by the transport authority in whose territorial district the municipal authority of the municipality has its first registered office with extended scope according to the sentence. ';
Paragraph 6 shall become paragraph 8.
37. in Article 34e (2) (a), "Article 21c (7)" is replaced by "Article 21c (8)."
38. in § 34e (3) (c):
"(c) does not comply with the requirements for driving time, safety breaks or rest periods;"
39. in Article 34e (3) (d), the words "or shall not allow access to the recording equipment." shall be replaced by a comma.
40. in Article 34e, the following points (e) and (f) are added at the end of paragraph 3:
"(e) does not allow access to the tachograph; or
(f) disobeys a driving order to an authorised metrology centre or does not follow the instructions of the person who ordered or carried out the tachograph check. ';
41. in Article 34e (4) (a), the words', paragraphs 2 (a), (d) or (e) or 3 (b) to (d) 'shall be replaced by' or paragraph 2 (a), (d) or (e) ';
42. in Article 34e (4), the following point (b) is inserted after point (a):
"(b) 15 000 CZK if the offence referred to in paragraph 3 (b) to (d) applies,"
Points (b) and (c) shall be renumbered (c) and (d).
43. In Article 34e, the following paragraphs 6 to 8 are inserted after paragraph 5:
"(6) A fine of between CZK 10,000 and CZK 50,000 shall be imposed for the offence referred to in paragraph 3 (b) and a prohibition of activity from 3 to 6 months consisting of a prohibition on the operation of the driver of a large vehicle by the person who is the carrier or in the primary employment relationship with the carrier if the offence was committed
(a) falsification, suppression, destruction or any other unauthorised change in the data relating to driving time, safety breaks or rest periods;
(b) using a counterfeit driver card,
(c) the use of a driver card issued to another person; or
(d) the use of a driver card which has been reported as lost or stolen.
(7) A fine of between 10 000 CZK and 50 000 CZK shall be imposed for the offence referred to in paragraph 3 (e) or (f) and a prohibition of activity from 3 to 6 months consisting of a prohibition on the operation of the driver of a large vehicle by the person who is the carrier or in the basic employment relationship with the carrier.
(8) The administrative penalty referred to in paragraph 6 or 7 may not be waived or suspended in the decision on the offence; the provisions of the Act on Liability for Infringements and Proceedings governing the waiver of administrative penalties, which should otherwise be imposed in joint proceedings, shall not be affected. ';
Paragraphs 6 and 7 shall become paragraphs 9 and 10.
44. In Paragraph 34e, at the end of paragraph 10, the sentence "If there is an offence for which an administrative penalty is imposed pursuant to paragraph 6 or 7, it may not be dealt with by an on-the-spot order."
45. in Article 35 (1) (a), "§ 3 (1) (a)" is replaced by "§ 3 (a)."
46. in § 35 (1) (b):
"(b) in contravention of Article 3 (b) or Article 27, it shall not ensure that each vehicle is equipped with a document of cargo, or it shall not retain that document for a specified period of time;"
47. in Paragraph 35 (2) (b), the words "the prescribed driving times, safety breaks and periods" are replaced by the words "requirements for driving times, safety breaks and periods."
48. in § 35 (2) (h):
"(h) does not ensure that the driver properly keeps a record of the driving time, safety breaks and rest periods and presents this record during the check, or a record of the driving time, safety breaks and rest periods for a specified period, ';
49. in Paragraph 35 (6), the word "or" shall be deleted at the end of point (a); at the end of point (b), the dot shall be replaced by "or" and the following point (c) shall be added:
"(c) in contravention of Article 34 (6), it shall make it impossible or difficult for the authorities of state professional supervision, the municipal police and the police of the Czech Republic to initiate or carry out a control transport operation."
50. in § 35c (1), first sentence and in § 35c (2), introductory part of the provision, the words "customs offices" shall be replaced by the words "persons responsible for carrying out state professional supervision."
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Regulation Information
| Citation | Act No. 337 / 2020 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 | 11.08.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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