Act No. 347 / 2009 Coll.
Act amending Act No. 13 / 1997 Coll., on the Road, as amended, Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, and Act No. 56 / 2001 Coll., on the Conditions of Operation of Vehicles on the Road, and on the Amendment to Act No. 168 / 1999 Coll., on the Insurance of Liability for Damage by the Operation of the Vehicle and on the Amendment of Certain Related Acts (Act on Liability of Vehicle Operation), as amended by Act No. 307 / 1999 Coll.
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347
THE LAW
of 9 September 2009
amending Act No. 13 / 1997 Coll., on the Road, as amended, Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, and Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on the Insurance of Liability for Damage by the Operation of the Vehicle and on the Amendment of Certain Related Acts (Act on the Insurance of Liability of Vehicle), as amended by Act No. 307 / 1999 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Act
Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 489 / 2001 Coll., Act No. 256 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 358 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 80 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 311 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 97 / 2009 Coll., and Act No. 227 / 2009 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This law implements the relevant provisions of the European Community1) and provides for
(a) the categorisation, construction, conditions of use and protection of infrastructure;
(b) the rights and obligations of road owners and their users; and
(c) the exercise by the competent road authorities of the state administration of road transport.
1) Directive 1999 / 62 / EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures. Directive 2006 / 38 / EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999 / 62 / EC on the charging of heavy goods vehicles for the use of certain infrastructures. Directive 2004 / 54 / EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network. Directive 2004 / 52 / EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic toll collection systems within the Community. '.
footnote 1 shall be renumbered footnote 1a, including the footnote references.
2. In Article 13, point (i) is added:
"(i) technical equipment and components thereof intended to carry out high-speed control weighing by means of non-transferable high-speed scales, provided that they are located on a road or on a road parcel.";
3. In the first sentence of Article 21 (1), the words "less than 12 tonnes' shall be replaced by the words" not more than 3,5 tonnes' and the words "or a combination of vehicles whose maximum authorised weight is less than 12 tonnes'.
5. In the second sentence of Paragraph 21 (1), "seven 'is replaced by" ten'.
7. In Paragraph 21 (2), the words "CZK 1,500 'and points (a) and (b) are added after the words" in the time charging system'.
8. In the first sentence of Paragraph 21 (3), "seven 'is replaced by" ten'.
9. In the first sentence of Paragraph 21 (3), the words "for a road motor vehicle or a combination of vehicles by their maximum mass' are deleted.
11. in Article 21b (3), 'seven' is replaced by 'ten' and 'seven' is replaced by 'ten';
13. in Article 21c, 'seven' is replaced by 'ten';
17. in Paragraph 22 (1), the words "at least 12 tonnes" shall be replaced by the words "more than 3,5 tonnes" and the words "or by a combination whose maximum authorised weight is at least 12 tonnes";
18. in Paragraph 22 (2):
"(2) The amount of tolls shall be collected by means of an electronic toll system comprising an electronic on-board device approved under a special legislature11j) to which a vehicle shall be equipped in an electronic toll system (hereinafter referred to as" electronic equipment '). The electronic device is non-transferable and its use is linked to a specific vehicle registered in the electronic toll system. The amount of tolls is determined by the product of the toll rate and the distance travelled over the toll road. Toll rates may be differentiated according to the emission class of the vehicle, the number of axles of the vehicle or combination, the period of day, day or year.'
19. In Article 22, the words "except under Article 20a (2) 'shall be added at the end of the text of paragraph 3.
20. at 22, paragraph 4 shall read as follows:
"(4) The level of tolls and the differentiation of tolls according to the criteria referred to in paragraph 2 shall be laid down in implementing legislation.";
21. In Section 22, paragraphs 5 to 7 are added:
"(5) When setting tolls, the total revenue from the toll imposed over the calendar year shall not exceed a proportion of the costs incurred for the toll infrastructure. The costs of the toll infrastructure are:
(a) the cost of building toll roads;
(b) the cost of maintaining and repairing the toll infrastructure;
(c) management costs related to the operation of toll roads; and
(d) costs of building and operating an electronic toll system.
(6) If, in a calendar year, the total revenue from the toll imposed exceeds a proportion of the costs incurred for the toll infrastructure referred to in paragraph 5, the toll rates shall be adjusted within two years of the finding of such excess so that the total revenue from the toll imposed does not exceed those costs.
(7) The structure, description, method of calculation of the costs referred to in paragraph 5 and the method of fixing toll rates shall be laid down in implementing legislation. "
22. in the second sentence of Paragraph 22b (3), the words "the customs administration of the Czech Republic to the extent necessary for the exercise of its powers under this Act" shall be inserted after the words "Security Information Service."
Paragraph 23 (22c) (6) is deleted.
24. the following Section 22e is inserted after § 22d:
If the due toll vehicle operator does not pay in the electronic toll system, even at the request of the electronic toll system operator, within which a reasonable period of time for payment will be set, the electronic toll operator shall be entitled to claim his right in court, including the payment of interest on late payments provided for by civil law. ';
25. Paragraph 38a (1), including the title, reads:
"Vehicle control weighing
(1) Road vehicles of categories N2, N310 and their trailers of categories O2, O3 and O4 as well as motor vehicles of categories O3, O410) (hereinafter referred to as "the vehicle."
26. in Paragraph 38a (2):
"(2) Under this law, two categories of control weighing are distinguished:
(a) vehicle control weighing by non-portable high-speed weights, in which the vehicle is not diverted from service (hereinafter referred to as "high-speed control weights"); and
(b) vehicle control weighing by all technical devices other than those referred to in (a) above where the vehicle is diverted from service (hereinafter referred to as "low speed control weighing.") '
27. in Paragraph 38a (3):
"(3) Low speed control weighing
a) Provides infrastructure manager in cooperation with the Czech Police or customs authorities;
(b) by the Police of the Czech Republic or by the customs authorities themselves. "
28. in Article 38a, the following paragraphs 4, 5 and 6 are added:
"(4) High speed control weighing
(a) ensure and implement the local administrative office of the county;
(b) the local administrative office of the municipality ensures and implements:
(c) implement the Police of the Czech Republic or customs offices in cooperation with the local administrative authority of the county or municipality.
(5) The local competence of the Road Administration Office of the Region to ensure and carry out high-speed control weighing is determined in accordance with the provisions of Section 40 (3) (g).
(6) The local competence of the administrative office of the municipality to secure and carry out high-speed control weighing is determined in accordance with the provisions of § 40 (5) (d). '
29. in Paragraph 38a, the following paragraph 7 is added:
"(7) Low-speed control weighing includes checking the maximum permissible mass of a road vehicle, checking the maximum permissible mass of the axle and group of axles, other vehicle mass ratios and checking the largest authorised vehicle and combination dimensions (10). ';
30. In Article 38a, the following paragraph 8 is added:
"(8) High-speed control weighing includes checking the maximum authorised mass of a road vehicle, checking the maximum authorised mass of the axle and group of vehicle axles, other vehicle mass ratios (10). ';
31. § 38b reads:
(1) The driver of the vehicle shall, at the request of the police officer or customs officer, submit the vehicle to a low-speed inspection weighing. A detour to a technical device for low speed control weighing, including a journey back to the road, shall not exceed 16 kilometres.
(2) For low speed control weighing, the driver of the vehicle shall follow the instructions of the person operating the low speed control weighing device.
(3) The result of the low-speed control weighing shall be given to the driver by the person serving the low-speed control weighing device, which shall also be sent to the vehicle operator.
(4) If compliance with the vehicle values laid down by a separate legislation10 is ascertained by low-speed control weighing, the driver of the vehicle may continue to drive. In this case, it is not possible to charge the driver any costs of low-speed control weighing.
(5) If a low-speed control weighting is found to exceed the values laid down by a separate legislation10), the infringement shall be dealt with on the basis of a special legislation2) as an excess of 17) as a driver and as an administrative offence of the vehicle operator. The vehicle operator shall be obliged to cover the costs of the low-speed control weighing.
(6) The method of carrying out the low-speed control weighing, the method of determining the costs of the low-speed control weighing, the elements of the evidence of the result of the low-speed control weighing and the model of the document are laid down in the implementing legislation. "
32. § 38c reads:
(1) If it is found at low speed control weighing that the dimensions of the vehicle or its total mass exceed the value laid down by special legislation10), the driver may continue to drive only on the basis of a special use permit (§ 25) and provided that the vehicle is technically fit for use on the road (1).
(2) If it is found at low speed control weighing that the axle pressure exceeds that laid down by special legislation10), the driver shall not continue driving.
(3) If the conditions for continuing the journey referred to in paragraph 1 or 2 are not met, the customs officer shall be entitled to prevent the driver from driving again. '
33. The following Section 38d is inserted after § 38c:
(1) The driver of the vehicle shall always submit the vehicle to the high-speed control weighing carried out on the vehicle's route, regardless of whether the driver is familiar with the location where the high-speed weighing takes place.
(2) The driver of the vehicle shall not change the route of the vehicle in such a way as to knowingly avoid the place where the high-speed weighing is carried out.
(3) The driver of the vehicle shall, at the request of the police officer or customs officer, submit the vehicle to high-speed inspection weighing.
(4) If a high-speed control weighting is found to exceed the values laid down in a separate legislation10), the competent road administration responsible for carrying out high-speed control weighing shall issue a document which shall be delivered to the vehicle operator and subsequently to its driver. Unless otherwise provided for by this Law, the relevant provisions of the Administrative Rules (19) shall apply to the service of the document.
(5) If a high-speed control weighting is found to exceed the values laid down in a separate legislation10), the infringement shall be dealt with on the basis of a special legislation2) as a transmission17) as a driver and as an administrative offence of the vehicle operator. The vehicle operator shall pay the weighing costs.
(6) If a high-speed control weighting is found to exceed the values laid down by a special legislature10), the vehicle operator shall always provide, at the request of the competent road administration, information on the identity of the driver of the overloaded vehicle.
(7) The method of carrying out high-speed control weighing, the method of determining the costs of high-speed control weighing, the elements of the proof of the result of the high-speed control weighing and the model of the document shall be laid down in the implementing legislation. ';
Article 34 (39), including the title:
Exceptional changes in transport significance
If there is a substantial increase in the burden on a part of the infrastructure, the construction or transport condition of which does not clearly correspond to that increase, the person causing the increase shall be obliged to pay the owner of the part of the infrastructure concerned the costs associated with the necessary adjustment and repair of the part of the infrastructure concerned. If there is no agreement on the level of remuneration with the owner of the part of the infrastructure concerned, the court shall decide on the application of the owner. ';
35. in Paragraph 40 (3), the following points (g) and (h) are added:
"(g) ensures and carries out high-speed control weighing on roads situated in the territorial perimeter of the region;
(h) discuss administrative offences pursuant to § 42a (4) (e) and § 42b (1) (r), (s) and (t) which have been committed on roads situated in the territorial district. "
36. in Paragraph 40 (4) (b):
"(b) they shall deal with administrative offences pursuant to paragraphs 42a and 42b in the case of motorways and roads under this Act and under specific legislation, with the exception of cases for which the customs office is responsible (17), with the exception of administrative offences referred to in paragraphs 2 to 4 and 42b (2) of Section 42b, for which the customs office is responsible, and with the exception of administrative offences referred to in paragraph 40 (3) (h).";
37. in Paragraph 40 (5) (b):
"(b) negotiate administrative offences pursuant to Articles 42a and 42b in respect of local communications and publicly available special purpose communications, with the exception of administrative offences for which the competent customs office or regional office is responsible."
38. in Paragraph 40 (5), the dot is replaced by a comma at the end of point (c) and the following point (d) is added:
"(d) ensure and carry out high-speed control weighing on local roads situated in the territorial district of the municipality."
39. in Article 40 (7) (a) and (b):
"(a) stop the vehicle and subject the vehicle to low speed control weighing;
(b) order the driver to drive to the nearest suitable place and prevent him from driving further by using a technical device if he refuses to submit the vehicle to a low-speed inspection weighing or if the vehicle exceeds the authorised mass at a low-speed control weighing in accordance with § 38a; ';
40. In Article 40 (7) (c), the words "the word" and "shall be replaced by a comma after the words" whether it is registered in an electronic toll system "shall be inserted after the words" whether it is equipped with a functional electronic device, "and the words" the word "and" shall be replaced by the words "whether it is registered in an electronic toll system"; the words "the data enabling the correct determination of tolls shall be entered in the electronic device."
47. in Article 42a (3), at the end of point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) does not guarantee payment of tolls."
48. in Paragraph 42a (4):
"(4) A vehicle driver commits an offence by:
(a) disobeys the call of a policeman or customs officer to subject the vehicle to low-speed or high-speed inspection weighing;
(b) disobeys the instructions of the person serving the low speed control weighing device; or
(c) the vehicle exceeds the values laid down in the specific legislation10 at low speed control weighing; or
(d) continue to drive, although the vehicle has been found to exceed the mass value laid down in a specific legislation or ';
49. in Article 42a (4), the following points (e) and (f) are added:
"(e) the vehicle exceeds the values laid down in the specific legislation10 at high speed control weighing; or
(f) without any serious reason, it shall change the route of the vehicle so as to knowingly avoid the place where the high-speed weighing is carried out. ";
50. in Article 42a (7) (a), the words "paragraph 2 (a), paragraph 3 (a), (b), (c), (d)" shall be deleted;
53.In Article 42a (7) (e):
"(e) in block proceedings up to CZK 5,000, if there is an infringement pursuant to paragraph 2, paragraphs 3 (a) to (e) and 4 (f),"
54. in Article 42a (7), the following points (f), (g) and (h) are added:
"(f) in block proceedings up to CZK 30,000, if there is an infringement pursuant to paragraph 4 (a), (b) and (d),
g) in block proceedings up to 15 000 CZK, if there is an infringement pursuant to paragraph 4 (c),
h) in the order procedure up to 30 000 CZK, if there is an infringement pursuant to paragraph 4 (e). "
55. in Paragraph 42a, the following paragraph 8 is added:
"(8) The determination of the amount of the fine which may be granted for the offence referred to in paragraphs 7 (g) and 7 (h) shall be laid down in a separate law. ';
58. in Article 42b (1), the following points (r), (s) and (t) are added:
"(r) as a vehicle operator, operates a vehicle that exceeds the values laid down in the specific legislation10 at low-speed or high-speed control weighing;
(s) as a vehicle operator, orders, permits, entrusts or allows the driving of a vehicle whose mass exceeds the values determined in accordance with the special legislature10;
(t) as a vehicle operator, shall not, at the request of the competent administrative authority of the municipality or region, disclose the identity of the driver of the vehicle that exceeds the values laid down in the specific legislation10 at high speed control weighing. ';
59.In Paragraph 42b (5) (a):
"(a) up to 500 000 CZK if the administrative offence referred to in paragraph 1 (a), (b), (r) and (s),"
61.In § 42b (5) (d):
"(d) up to 100 000 CZK if the administrative offence referred to in paragraph 1 (m), (t) and (2),"
62.In Article 42b (5), the following point (e) is added:
"(e) in the order procedure up to 50 000 CZK, if it is an administrative offence under paragraph 1 (r) and (s)."
63.In § 42b, the following paragraph 6 is added:
"(6) The determination of the amount of the fine which may be granted as an administrative offence pursuant to paragraph 5 (e) shall be laid down in a separate law. ';
64.Paragraph 43 (2) reads as follows:
"(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it is committed and the consequences thereof, and of the circumstances in which the administrative offence was committed, with the exception of the administrative offence referred to in Article 42b (1) (r), where the determination of the amount of the fine is laid down in a specific law. ';
65.Paragraph 43 (4) reads as follows:
"(4) Administrative offences under this Act shall be dealt with at first instance by the municipal authority of the municipality with extended jurisdiction or by the municipality, or by the regional authority under the jurisdiction laid down in § 40 (3) (h), or by the customs office under the jurisdiction set out in § 40 (4), (5), (7) and (8). Administrative offences under § 42a (2), (3) (b) and § 42a (4) (a), (b), (c), (d) and (f) may be dealt with in block proceedings by the Police of the Czech Republic or customs office. '
66. In Paragraph 43, the following paragraph 8 is added:
"(8) Notwithstanding other provisions of this Act, if the driver is simultaneously a vehicle operator that exceeds the values laid down in a separate legislature10 at low-speed or high-speed inspection weighing, liability for administrative misconduct shall be assessed only in accordance with the relevant provisions of § 42a of this Act. '
67. In Paragraph 46 (2), the words "§ 12a (3)" shall be inserted after the words "§ 21e (2)," the words "§ 22 (4) and (7)," and the words "§ 22a (2)" shall be replaced by the words "§ 22a (4)";
69. in Paragraph 46 (2), the words "§ 38d (7)" shall be inserted after the words "§ 38b (6)."
Transitional provisions
1. The use of a toll infrastructure by a road motor vehicle with at least four wheels, the maximum authorised mass of which is more than 3,5 tonnes and less than 12 tonnes, which in 2008 was fitted with a coupon proving the payment of the time fee for the calendar year 2008 or for one month or for seven days, and for which the coupon expires after 31 December 2008, shall be subject to the payment of the toll from the date immediately following the date of the last day of validity of the coupon proving the payment of the time fee for one month or seven days, no later than 1 February 2009. The use of the coupon and its validity, the control of payment of the time fee and administrative penalties shall be governed by existing legislation.
2. The use of toll infrastructure by a road motor vehicle with at least four wheels, the maximum authorised mass of which is not more than 3,5 tonnes in 2009, provided with a coupon proving payment for the calendar year 2009 or for one month or for seven days, and for which the coupon expires after 31 December 2009, shall be subject to payment of the time fee and the obligation of equipment by electronic coupon under this Act from the date immediately following the date of the last day of validity of the coupon proving payment of the time fee, no later than 1 February 2010. The use of the coupon and its validity, the control of payment of the time fee and administrative penalties shall be governed by existing legislation.
3. If there is no substantial change in the system from the effectiveness of this Act in the electronic toll system operated at the date of its effectiveness, the toll rates in this electronic toll system shall be determined in accordance with the existing legislation.
Amendment to the Road Traffic Conditions Act
Act No. 56 / 2001 Coll., on the conditions for the operation of vehicles on the road and on the amendment of Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 307 / 1999 Coll., as amended by Act No. 478 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 193 / 2003 Coll., Act No. 103 / 2004 Coll., Act No. 342 / 2004 Coll., Act No. 170 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 137 / 2008 Coll., Act No. 383 / 2006 Coll.
In Article 5, the following paragraph 4 is inserted after paragraph 3, including footnote 4a:
"(4) The Ministry shall ensure that the administrative authorities of the county authorities and the municipal authorities of the municipalities with extended competence are provided with the required information from the central register of vehicles in a manner that allows remote and continuous access, if there is a breach of the Special Act (4a).
4a) Act No. 13 / 1997 Coll., on Road, as amended. Act No. 361 / 2000 Coll., on road traffic, as amended. '
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Regulation Information
| Citation | Act No. 347 / 2009 Coll., amending Act No. 13 / 1997 Coll., on the Road, as amended, Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended, and Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Liability Insurance for the Operation of Vehicles and on the Change of Certain Related Acts (Act on Liability of Vehicle Operation), as amended by Act No. 307 / 1999 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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