Decree No. 35 / 1984 Coll.
Decree of the Federal Ministry of Transport implementing the Road Transport Act (Road Law)
Valid
Effective from 01.07.1984
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35
DECLARATION
Federal Ministry of Transport
of 27 March 1984
implementing the Road Law (Road Law)
The Federal Ministry of Transport provides pursuant to § 24 of Act No. 135 / 1961 Coll., on Road (Road Act), as amended by Act No. 27 / 1984 Coll. ("the Act '):
(k § 3b of the Act)
The connection of roads to the motorway, road or local communication and the setting up of roadways or local roads to neighbouring properties shall not jeopardise the infrastructure and road safety concerned, in particular by seizing and draining water to the road body, their technical design or location.
(k § 3c of the Act)
(1) In particular, the authorities of state professional supervision are required to identify:
(a) whether the use of, or activities in, motorways, roads and local roads, and their surroundings and road protection zones, are not in breach of the provisions of the law, its implementing provisions and decisions of road administrations;
(b) whether the use of the communication, or other activities in and around it, are not carried out in breach of the conditions laid down in the authorisation of the road administration;
(c) that the works subject to the authorization of the competent building office are not carried out in contravention of that authorisation or are not carried out in a manner that threatens the interests of which the protection of the State professional supervision is carried out.
(2) In the performance of their tasks, the authorities of the State shall be entitled to:
(a) prohibit or prohibit the action of persons and suspend the activities of organisations, where appropriate, if they jeopardise the communication or safety of traffic on it;
(b) access to buildings in the vicinity of the road, where the entry does not require the authorisation under specific regulations; (1) access to the building documentation and registration in the building diaries in cases where the legitimate interests of the communication concerned are jeopardised by failure to comply with the approved documentation or the manner of construction activity.
(3) In particular, in order to address the identified threat, the national supervisory authority may:
(a) to invite the responsible person or organisation to arrange a remedy by oral hearing, written notification, entry into a building log or entry into a protocol with a binding deadline;
(b) by oral, written notification, entry in the building log or entry in the Protocol, prohibit the continuation of threatening acts and activities.
(4) The central public administrations in the transport of Republics in the framework of the top state professional supervision shall monitor compliance by the authorities and organisations with the provisions of the law and the regulations adopted for its implementation, compliance with decisions of the relevant road administrations, compliance with the obligations of road managers and users, local communications and special-purpose communications, and compliance with the tasks assigned to them. Where defects can be identified, the appropriate national professional supervision may impose the measures necessary to eliminate them.
(k § 4a of the Act)
(1) Roads of transport significance are divided into:
(a) first-class roads which are relevant for international, national or Republic transport; are marked with numbers from 1 to 99,
(b) Class II roads which are relevant for transport between the county and the counties; are marked with numbers from 100 to 999;
(c) roads of class III which are of local importance for the effective addition of the road network; are identified by four to five-digit numbers according to the numbers closest to the class II road, and, exceptionally, by the class I road.
(2) If operational needs so require, important roads can be built as speed communication accessible only for fast motor transport.
(k § 4a of the Act)
(1) The transit section of the road means the section of the road leading in the territory built or intended for continuous installation; the border of that territory shall be determined by analogy with the road protection zones (§ 15 (2)). The width of the passage section is the width of the road with the sides between the raised edges of the pavement (green belts and the like); If the village passes through the road with ditches (slopes, walls, tarages), the width of the transit section is determined by the boundary of the road body (§ 8 (1)). In squares and similar areas, the width of the transit section shall be the width of the lane distinct from the surrounding surface of the road by the type or material of the road, or flat rigols, and, if not even them, the width of the lane corresponding to the width of the road with the sides in the downstream sections of the road.
(2) The communication manager shall maintain a passageway section of the road to the extent appropriate to the maintenance of the adjacent free line; Maintenance beyond this range shall be provided by the local national committee.
(k § 4a of the Act)
(1) A newly built road shall be included in the road network. Local or special purpose communications, or parts thereof, shall be included in the road network if they are necessary for the effective organisation of the network, in particular to achieve its connection or to connect the municipality to the road network.
(2) A road or part of it shall be removed from the road network if it is not required to organise the network effectively, in particular as a result of other investment construction or change in the transport conditions.
(3) The road or part of the road may be abandoned
(a) be included as local communications in the local communications network of the municipality concerned;
(b) taken up in accordance with the specific legislation2) as a dedicated communication to the administration and use of a socialist organisation which may use it;
(c) used as road auxiliary land for road economy purposes;
(d) cancelled if none of the methods referred to in (a) to (c) can be used; in that case, according to the nature of the case, they must be adequately and economically regenerated, in particular for agricultural production purposes.
(4) Disputes as to whether a disabled road or part of it belongs to the local communications network or whether the communication is to be included in the local communications network are decided by the district national committee.
(k § 4b of the Act)
(1) The local road network for the territory of the municipality constitutes generally accessible and used infrastructure not included in the road network which:
(a) are located in a territory built or intended for continuous construction;
(b) they connect two municipalities or parts of the municipality together and are of transport significance for this connection;
(c) connect the municipality with the railway station, railway station, airport or port, provided that it does not serve primarily the operation or management of such facilities as special purpose communications;
(d) connect the village to the cemetery.
(2) The Local National Committee may include dedicated communications in the network of local communications; when deciding on their inclusion in the local communications network, the local national committee shall, in accordance with generally binding legislation, base the effectiveness of such inclusion on local circumstances, in particular on the extent to which communication is publicly used and necessary for such use.
(3) The local national committee shall exclude local communications or part thereof from the local communications network if it is not required to organise the network effectively, in particular as a result of other investment construction or change of transport conditions, or if it proves that it is mainly intended for communication.
(4) The disabled local communication or part of it may be
(a) taken as a purpose communication to the administration and use of a socialist organisation which may use it;
(b) used as a road auxiliary parcel;
(c) cancelled if none of the methods referred to in (a) and (b) can be used; in that case, according to the nature of the case, they must be adequately and economically regenerated, in particular for agricultural production purposes.
(k § 4b of the Act)
(1) Local communications are divided into:
(a) local first-class communications, including major urban communications, which meet technically all modes of transport (for example, communications which also include public public transport, collection, outage and other particularly important urban communications);
(b) class II local communications, such as other urban communications and communications if they comply with the operation of all motor vehicles;
(c) class III local communications, including other local communications, provided that at least limited access to motor vehicles is available;
(d) local communication of class IV that are not even restricted to motor vehicles (for example, paths, paths, separate cycling paths, separate pavements, steps, etc.).
(2) If required by operational needs, important local communications can be built as speed communication accessible only for fast motor transport.
(k § 5 of the Act)
(1) Road land consists of motorways, roads and local roads and road auxiliary land. The body of motorways, roads and local roads is bounded by an increased edge of pavements, or green belts, the outer edges of road and rigols, the slopes of road embankments and notches, or the outer edges of the heel of supporting walls and taras, or the outer edges of the crown of the cladding and guarantee walls, or the outer edges of the cuts above these walls.
(2) Components (3) of motorways, roads and local roads are mainly bridges (overpasses) on which communication is conducted, including pavements on them, machinery for tilting bridges, ledolomes, roads, culverts, tunnels, support, warranty, loading and parapet walls, tarraces, road slopes, road auxiliary land, ditches and other surface drains, railings, reflectors, mains, castors, springs, directional posts, stations and milestones, snowmobiles, road greens, rest zones, parking lanes and areas for stopping public transport, transport signs and equipment (excluding illuminated signs for traffic control and traffic stations), bundles and landfills for maintenance. Components of motorways, roads and local roads are also their intersections and branches, and noise-proof walls and noise-induced noise-based walls, and if located on road land.
(3) Part of local roads are also adjacent pavements, public parking lots and defrosters, equipment for securing and securing crossing points for pedestrians, underpasses and bridge crossings.
(4) Sewerage, including water treatment, is part of a motorway, road or local communication only if it serves exclusively to drain surface water from that communication.
(5) However, the provisions of paragraphs 2 to 4 shall apply to parts of transit sections of roads in cities and municipalities; parts of transit sections, except on bridges, are not adjacent pavements, railings, chains and other devices for securing and securing crossing points for pedestrians and trees, even if they are on the body of transit sections.
(6) The components of motorways, roads and local roads are not in particular barriers to water tanks, ponds and watercourses on which communication takes place, water-based structures under bridges, entrances, entrances or other facilities built in the course of carrying out melliorative adjustments, crossings to adjacent properties, stop signs, stops and waiting points for public transport, bus stations, level crossings without barriers to the distance of 2,5 metres from the centre line of the rail and level crossings with barriers between the vans, public transport facilities to secure crossings, urban and, where appropriate, railway transport at road level to 0,5 meters from the outer edge of the rail, special bodies of drafts, contact lines, public transport, public lights, energy, telecommunications, telecommunications, telecommunications, telecommunications, telecommunications, thermal and other lines, fuel station stations.
(7) Transport signs and equipment, with the exception of light signalling equipment used for traffic control, are set up and maintained by communication managers. The crossing signs shall be set up by a railway undertaking which shall forward them to the infrastructure manager for maintenance and shall report any changes to the infrastructure manager. The type, presentation and location of the transport signs and devices is subject to special regulation.4)
(k § 6 of the Act)
Users shall not pollute or damage motorways, roads or local communications; in particular, it shall be prohibited:
(a) pollute or damage traffic signs;
(b) crossing the trench;
(c) start temporary landfills on the road body during maintenance;
(d) use snow chains in sections where the road is not adequately covered by the snow layer;
(e) use, with the exception of the armed forces and armed corps, belt vehicles and other vehicles the wheels of which are not fitted with tyres or rubber frames;
(f) drive onto the road with non-cleaned vehicles;
(g) turning the covers and agricultural machinery on the road, roadside and moat during field work;
(h) damage communications components, directional posts, snownets, railings, road greenery and other communication equipment and equipment;
i) interfere with the drains on and around the road body;
j) interfere with the viewing conditions;
(k) to drive cattle along the highway, road and local communication built as or through the express communication and its components;
(l) use machines and equipment which may cause damage to communication;
(m) discharge sewage for communication and contaminate it with materials and articles carried.
(to Section 7 of the Act)
(1) Operation on motorways, roads and local roads may be partially or completely closed, or a detour may be ordered in particular
(a) when carrying out work on communications;
(b) in the specific use of communication,
(c) in the event of a disaster;
(d) to ensure security measures;
(e) if necessary, the state of communication and its protection.
(2) The road administration shall ensure that the closure is always limited to the shortest possible period. In the case of long-term closures of motorways, roads and local roads, care must be taken to ensure that the detour is as advantageous as possible and meets the requirements of smooth and safe transport, including with regard to environmental protection.
(3) The decision on the conclusion and, where appropriate, the detour shall be taken by:
(a) motorways - Federal Ministry of Transport,
(b) for Class I roads - the Regional National Committee,
(c) in other cases, a road administrative authority to which, pursuant to Article 3 of the Act, the exercise of public administration in respect of the communications in question falls; where the closure or detour of more than one territorial area is concerned, the decision shall be taken by the road administrative authority whose territory is mainly affected, in agreement with the other relevant road administrations.
(4) The application for authorisation for the closure of a motorway or a first-class road shall include:
(a) precise identification of the place of closure according to the station of the motorway or the first class road;
(b) the duration of the closure period with any possible interruption on the days of leave and on Sundays;
(c) the reason for the closure, indicating the scope of the work;
(d) the design of the detour route, including the graphic annex and data relating to increased fuel consumption as a result of the closure;
(e) a schedule of work in duplicate where the closure is required for more than three days; one copy shall be forwarded to the competent transport inspector. The schedule shall include the amount and timing of each type of work, the number and deployment of personnel (exchange rate), the types, numbers and deployment of the critical mechanisms, including vehicles, a specific breakdown of the secure material coverage and any other facts,
(f) a statement by the applicant that the supplier is ready to carry out the work to the intended extent and the required time in terms of security by a sufficient number of workers, mechanisation equipment and materials;
(g) the name of the worker responsible for the organisation and security of the work to be carried out under the protection of the closure, the address and telephone number of his workplace and residence;
(h) the opinion of the communication administrator.
(5) In the case of an application for an authorisation to close, or, where appropriate, a decision on the carriage of Class II and Class III road and local roads, the procedure laid down in paragraph 4 shall be followed taking into account local needs and conditions.
(6) The decision on the conclusion and, where appropriate, the detour is taken in agreement with the competent transport inspector and after consultation
(a) the national committees concerned;
(b) with the relevant military administration;
(c) with a public public transport operator, if it is a communication on which such transport is regularly operated, or with other large road transport operators, which are particularly affected by the closure.
(7) The decision on the closure and, where appropriate, the detour must be notified immediately by the district fire protection inspection and rescue service. The stop and detour shall be marked as prescribed. It shall also indicate the duration of the closure if it exceeds three days. If the road is closed for the transport of particularly heavy or large objects, the competent national committee shall notify its decision to all regional national committees and central government authorities in matters of transport of the Republic.
(8) The sealing and detour marking is ensured by the applicant on his load and is responsible for the condition of the sealing and detour.
(9) If the closing or detour is to be extended in time or place, a new application shall be made and a new decision shall be taken.
(10) In the event of a danger of delay (natural disasters, road accidents, collapse or damage to buildings, accidents in energy, gas or heat plants and the like), the relevant part of the communication shall be immediately closed and marked in at least a provisional manner.
(k § 8 of the Act)
(1) Special use of motorways, roads and local roads requires authorisation by the relevant road administration. Such authorisation shall be subject to an administrative fee in accordance with the specific legislation.5) Such use shall in particular:
(a) the transport of particularly heavy or large objects and the use of vehicles whose dimensions or masses exceed those laid down in specific regulations; 6)
(b) placing of equipment or articles on the highway, road and local communications, in particular for selling, advertising or entertainment;
(c) the placing, composition and disposal of objects, equipment or material on the highway, road and local communications not used for the maintenance and repair of such communications, unless they are to be immediately removed;
(d) the organisation of events, the placing of goods and equipment (for example, economic, cultural, entertainment, warehouses, shops, the use of loudspeakers, unsuitable light sources) close to the motorway or road, if the operation or location of such equipment or, where appropriate, the operational ruckus caused by them could jeopardise the safety or continuity of road traffic;
(e) herd-driving by road and local communication;
(f) the carrying of strains or other objects likely to be damaged by road or local communication;
(g) the establishment, implementation, repair and maintenance of scheduled aerial and underground lines of all kinds.
(2) In the case referred to in paragraph 1 (a), it grants authorisation in agreement with the relevant transport inspector,
(a) if it is only on the highway, the Federal Ministry of Transport,
(b) if there is road traffic in excess of the territorial perimeter of one district or if there is interregional transport, the Regional National Committee, in whose territorial district such transport begins,
(c) in other cases, a road administrative body to which the management of the communication in question belongs under the provisions of Section 3 of the Act.
However, the carrier shall be obliged to request consent to the shipment if the authorised shipment is affected by:
(a) rail, from the relevant railway authority;
(b) motorways, from the Federal Ministry of Transport,
(c) the overhead contact line of the urban rail and, where appropriate, the trolleybus track, from the manager of the installation.
(3) The application for authorisation referred to in paragraph 1 (a) must, as a general rule, be submitted four weeks in advance and, in the absence of a special transport operation, must contain:
(a) the purpose, scope and time of transport, whether it will be repeated and similar;
(b) the design of the transport route;
(c) the type, type and registration number of the vehicles to be used, where applicable;
(d) details of the mass, number, load, wheelbase, number, dimensions, densification and type of tyres of each axle, the minimum rotation radius of the vehicle or set and the corresponding minimum outer rotation radius;
(e) a outline diagram of the vehicle or set indicating all dimensions and location of the load.
(4) The authorisation referred to in point (a) of paragraph 1 may include in particular the route, mode and time of authorised transport, the speed of travel, the arrangements for other operations, roads, bridges or level crossings; a permit shall be kept by the driver.
(5) The transport of vehicles and costs of a total weight of more than 60 tonnes or over-size may be authorised only exceptionally if the applicant demonstrates that it is not technically feasible to reduce the weight of the transport or to use any other mode of transport and that the loading capacity of bridges and the loading capacity of the roads verified by a static assessment allows the transport to be carried out; without such supporting documents, the competent road administrative authority is not entitled to issue an authorisation. In the event of the necessity of a transport exceeding the territorial perimeter of one region, the competent Regional National Committee shall authorise the transport on the basis of the supporting documents transmitted by the central authorities in matters relating to transport of the Republic pursuant to Article 3 (3) (f) of the Act. These elements are the most appropriate routes (once a year updated) shown in regional road maps (load capacity of bridges, level level crossings, underpasses), road and bridge passages of these routes, traffic intensity data and methodology for assessing the load capacity of bridges. The implementation of the transport operation shall be discussed with the relevant road administration body in sufficient time to ensure that the applicant has verified and secured the route established by the authorised organisations.
(6) On the basis of compliance with the conditions imposed in the excessive traffic authorisation procedure by the authorising authority, the carrier shall notify the competent construction office of the need to make the necessary modifications to the road, which it shall carry out with its load. The notification shall state the time, place, purpose, scope and simple technical description of the modifications. Where the necessary adjustments to the watercourses are concerned, the carrier shall proceed in accordance with specific rules. (7) Measures on neighbouring land or construction which are linked to the necessary adaptations shall be governed by specific rules. 8)
(k § 9 of the Act)
(1) The mobility of motorways, roads and local roads is a state of these roads which allows the safe running of motor and non-motor vehicles adapted to the technical condition of transport and to the state of construction of such roads, weather conditions and other circumstances which the driver can predict.
(2) Disturbance in the mobility of motorways, roads and local roads are such changes in the mobility of such roads due to external effects which the driver cannot predict even when driving adapted to the state of construction of communication, weather conditions, vehicle and load characteristics, own abilities and other apparent circumstances. Distortion of traffic
(a) isolated discharges, potholes and bumps in an otherwise impeccable surface of a continuous section of the road, inappropriately stored maintenance material, fallen trees and stones, damaged road signs and other obstacles, unless otherwise indicated in the prescribed manner;
(b) road pollution, road damage and other defects caused by users of communication or by operators of activities in the vicinity of motorways, roads and local roads;
(c) isolated places with ice resulting from freezing, freezing water flowing onto the ground from the surrounding area or from the waters on the road due to poor operation of the device to drain communication.
(3) Wheelchair defects are not sections or parts of motorways, roads and local roads on which winter maintenance is not carried out throughout the length and only predetermined traffic important places (such as crossroads, high climb, sharp turns, bus stops, etc.) are provided.
(4) The level of transitions for pedestrians on local roads and on the transit sections of roads of cities and municipalities and local roads intended exclusively for pedestrians is such a state of these roads, which allows safe walking to be adapted to their state of construction, weather conditions and other circumstances that the pedestrian can anticipate.
(5) Defects in the walkway path, local roads intended solely for pedestrians and pedestrian crossings on the passageway sections of the road in the area built are similar to those in the road path, unless such defects allow safe walking even with increased pedestrian caution.
(6) Weather conditions which may significantly deteriorate or even interrupt the running time, or, where appropriate, the efficiency of communication are in particular:
(a) blizzards and intense long-term snow;
(b) whirlwind and exceptional water rainfall;
(c) floods and torrential waters in intensive and long-term water rainfall;
(d) continuous icing at a drop in temperature and humidity;
(e) fog and fumes,
f) Freezing rain and drizzle.
(k § 9a of the Act)
(1) The construction status of motorways, roads or local roads means their quality, degree of wear and surface, longitudinal or transverse waves, numerous discharges which cannot be removed by normal maintenance, loading capacity of road, bridges and passes and communication equipment in terms of traffic safety (transport signs and equipment, safety and protective equipment, etc.).
(2) Transport technical state of the motorway, road or local road means their technical characteristics (transverse arrangement, transverse slope and width of the road, direction arcs, longitudinal inclination and circling radii of the nivelet, road type and the like) and the integration of communication into the terrain (view, altitude, etc.).
(k § 10 of the Act)
(1) The owners, managers or users of real estate and the operators of all production, construction, economic and other activities must not jeopardise motorways, roads and local communications and their operation in particular when:
(a) logging and forest management;
(b) the operation of saws and landfills;
(c) mining of stone, gravel, sand and clay;
(d) underground works;
(e) construction activities of all kinds,
(f) agricultural activities;
(g) adjustments and maintenance of watercourses;
(h) adjustments to outflow ratios.
(2) Without the prior approval of the Road Administration, any construction activity likely to endanger or impede the use of motorways, roads and local communications or to impede the implementation and location of the construction works would impede the necessary modernisation of the communication section concerned, make it difficult to carry out machine maintenance or to impair the conditions of safe and smooth operation on roads.
(3) Owners, managers or users of agricultural and forestry land are required to carry out their own costs of measures to prevent the landslides and the land being refunded to communication and to road drainage facilities (9) except in cases of natural influences.
(4) No drainage systems (meliorative, waste water and the like) shall be introduced on the road land of motorways, roads and local roads, which would cause the submersion of the road parcel.
(5) During the maintenance and modification of watercourses, their managers are obliged to carry out their own costs of all security measures to avoid threats and damage to roads by the effect of water.
(6) The operators of quarries, gravel sites, sandfields, landfill sites and landfills of waste and silage sites are obliged to comply with the conditions laid down by the Road Administration and to carry out all measures to prevent pollution of communications from such plants.
(7) Vehicles carrying out the transport of bulk and waste materials by road to landfills or from landfills and operations near motorways, roads and local roads shall be loaded and transported in such a way as to avoid pollution of the infrastructure.
(to Article 11 of the Act)
(1) Road protection zones shall be established for all motorways, roads and local roads of Class I and Class II outside the territory built or intended for continuous installation; protection zones shall be established within that territory in accordance with specific rules. 10)
(2) The boundaries of the territory built or intended for continuous construction are derived from the planning documentation, otherwise the border will be determined according to the actual state of the continuous construction of the Federal Ministry of Transport after consultation with the District National Committee as regards motorways, the District National Committee after consultation of the Regional National Committee and the Local National Committee as regards roads, and the Local National Committee as regards local communications. In so doing, the competent road administration shall take into account whether continuous installation is equally far on both sides of the communication or whether it is restricted in whole or in part to one side; construction gaps up to 200 metres do not normally interrupt continuous construction.
(3) The border of road protection zones is determined by vertical surfaces on both sides of the road at a distance
(a) 100 metres from the road axis of the adjacent road belt of the motorway and of the road built as a speed communication;
(b) 50 metres from the road axis of the first class road;
(c) 25 metres from the road axis of the 2nd class road and local communication if built as a speed communication;
(d) 20 metres from the road axis of the III class road;
(e) 15 metres from the road axis of the local communication class I and II.
For directional roads and local roads, these distances shall be measured from the adjacent road axis.
(4) In the vicinity of the level crossing of roads with other roads and tracks, the boundaries of the road protection zones are determined by vertical surfaces, the position of which is determined by the sides of view triangles. 11) However, where the road protection zone thus determined would be narrower than the road protection zone determined in accordance with paragraph 3, the provisions of paragraph 3 shall also apply to the surrounding level crossing.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 35 / 1984 Coll., implementing the Road Law (Road Law) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.04.1984 |
|---|---|
| Effective from | 01.07.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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