Government Decree No. 36 / 1951 Coll.
Regulation implementing the law on the treatment of road transport business
Valid
Effective from 01.06.1951
36.
Government Regulation
of 3 April 1951
implementing the law on the treatment of road transport business
The Government of the Czechoslovak Republic orders pursuant to § § 12 and 15 of Act No. 57 / 1950 Coll., on the modification of the road transport business ("the Act"):
Traffic business.
The right to transport business.
(1) To operate road transport ("transport") as a transport business (Section 2 (1) of the Act) is only authorised
(a) Czechoslovak State automotive transport, national enterprise ("ČSAD"),
(b) municipal enterprises.
(2) Community undertakings may operate transport undertakings, provided that they have so provided for in their approved business plan. Paragraph 2 (2) to (4) shall apply to the types and extent of their transport business and when they need authorisation.
(1) ČSAD is entitled to operate transport of all kinds on the territory of the whole state.
(2) Communal undertakings are entitled to operate without authorisation in their own interests
(a) regular and irregular public transport of persons;
(b) the irregular transport of goods in municipalities and to the extent specified by the Regional National Committee.
(3) In addition to their interest, municipal undertakings may carry out scheduled public transport of persons and irregular transport of goods on authorisation. Unscheduled public transport of persons outside their territory may be operated without authorisation but only by vehicles intended for and used in regular transport.
(4) Unscheduled non-mass transport of persons and non-motorised means of transport may be operated by municipal undertakings without authorisation and without restriction to the interest area.
The area of interest.
(1) The interest area consists of the territory of the municipality concerned and those parts of the territory of neighbouring municipalities which form a single residential or economic area. It is defined by the relevant Regional National Committee, having regard to the principles of efficient and economical transport arrangements.
(2) The principles for coordination of transport in the interest area between ČSAD and municipal undertakings are laid down by the Ministry of Transport in agreement with the Ministry of Interior.
Authorisation granted to municipal undertakings.
(1) The authorisation provided for in Article 2 (3) is granted by the Regional National Committee; If transport is to extend beyond the perimeter of one region, the Ministry of Transport shall be authorised in agreement with the Ministry of Interior or the Regional National Committee empowered by them. The Regional National Committees shall follow the single economic plan and directives issued by the Ministry of Transport when granting the authorisation, as well as its amendment or withdrawal.
(2) The authorisation for regular transport of persons shall specify the direction of transport (route), the authorisation for irregular transport of goods in the territorial area and the number of vehicles. Authorisations may be granted for several modes of transport as well as for several lines of scheduled services at once; conditions may be laid down.
Passenger and baggage transport.
(1) Undertakings authorised under § 1 for transport business (hereinafter referred to as transport undertakings) procure passenger transport within the limits of the transport obligation under § 3 (1) of the Act.
(2) Passengers are entitled to carry items easily portable as hand baggage into the vehicle. Passengers may also be transported as luggage; other connections or vehicles than those used by passengers may be used to transport them.
Cargo transport.
(1) In public passenger transport, items other than passenger baggage may also be transported with passengers. Such articles shall comply with the conditions laid down for luggage and may be carried only if the space is sufficient and if the safety of transport, life and health of passengers or their property is not thereby compromised.
(2) Within the limits of the transport obligation provided for in Section 3 (1) of the Act, the transport undertaking accepts the goods for transport and normally transports them by vehicles which do not serve passenger transport.
Timetables.
(1) The detailed conditions under which transport undertakings carry persons and goods shall be laid down in the transport schedules to be issued by the Ministry of Transport and published in the Official Gazette. The rules of transport may specify which provisions and limits to which derogations may be granted with the permission of the Regional National Committee.
(2) Timetables for the carriage of passengers and baggage in particular
(a) determine who he is, where he may be excluded from transport, and specify the conditions under which certain connections may preferably be used by certain categories of passengers;
(b) adjust the passenger's obligation to pay the fare;
(c) determine the responsibility of the transport undertaking under the transport contract;
(d) lay down the conditions for the carriage of both hand and passenger baggage and determine under which conditions live animals may be transported as baggage.
(3) The timetable for the carriage of costs shall specify the conditions under which goods are accepted for carriage as cargo and under which transport is carried out, as well as the liability of the transport undertaking under the transport contract. In doing so, it lays down specific conditions for the transport of dead bodies, live animals and objects explosive or otherwise dangerous or perishable, and may, if necessary, exclude certain such objects from transport.
(4) Transport schedules may provide that a transport user who has infringed one of their provisions has damaged or contaminated the vehicle or caused an in-service failure is obliged to pay a certain amount of money to the transport undertaking.
Tariffs.
(1) Transport undertakings are obliged to establish tariffs.
(2) The approval of the Ministry of Transport is necessary for the validity of ČSAD's tariffs. The validity of municipal tariffs requires the approval of the District National Committee, for lines exceeding the perimeter of one district, the approval of the Regional National Committee; when approved, the national committees shall follow the directives of the Ministry of Transport. Approval shall also be required for tariff changes.
(3) The provisions of paragraph 2 are without prejudice to the provisions on price formation.
(4) Approved tariffs, as well as their amendments and cancellations, must be known in general. The Ministry of Transport shall adjust the details by means of an official certificate.
(5) The authority which has approved the tariffs may also require that a general interest be required by the transport undertaking to adjust the tariffs accordingly.
Special transport conditions.
(1) ČSAD is obliged to draw up the terms and conditions and to provide for reduced fares for the carriage of troops and military mail, i.e. for carriage on orders, for purposes and for the account of the military administration. These conditions and rates are approved and the mode of transport will be adapted by the Ministry of Transport in agreement with the Ministry of National Defence. Under what conditions and to what extent this provision also applies to municipal undertakings, the Ministry of Transport provides in an agreement with the Ministry of National Defence and the Ministry of Interior.
(2) Paragraph 1 shall apply mutatis mutandis to the carriage of the National Security Corps and the Prison Guard Corps, as well as to shipments carried out for the purpose of fire and civil protection. The Ministry of Transport is advancing here in agreement with the relevant ministries.
(3) The Ministry of Transport may, in agreement with the participating ministries, lay down special conditions in the Official Gazette for the transport of certain goods, justified by the needs of health and veterinary care.
Timetables.
(1) The transport undertaking shall establish timetable for the regular transport of passengers. In so doing, it shall, within the limits of technical and economic efficiency, follow the needs of the public, in particular the need to facilitate the transport of workers to work, to take into account the proposals of the Regional National Committee and to take into account the comments of the Single Trade Union Organisation; it must also take into account connections of its own lines and other means of transport.
(2) The timetable must be made known in general. The Ministry of Transport shall adjust the details by means of an official certificate.
(3) The provisions of the preceding paragraphs on timetable also apply to the implementation of amendments to the timetable.
(4) If the general interest so requires, the Regional National Committee shall be entitled to impose on the transport undertaking, after hearing it, an adjustment to the timetable for a single service. If the line exceeds the perimeter of one region, the Ministry of Transport shall impose such an adjustment.
Special obligations of transport undertakings.
(1) The start and stop of transport and major changes in traffic are obliged to notify the competent district national committee. In addition, if the transport undertaking is involved in an authorisation, it must always notify such facts to the authority which granted the authorisation; substantial changes to the authorised scope and mode of operation and its permanent cessation shall be permitted only after the prior approval of that authority.
(2) In the case of transport for which authorisation is not required, transport undertakings are required to follow approved transport implementation plans. Prior approval of the Regional National Committee shall be required in order to initiate, after a permanent cessation of traffic or substantial changes in operations, if such factors deviate from the implementation plans; If there is a regular transport route exceeding the perimeter of one region, the prior agreement of the Ministry of Transport is needed.
(3) The transport undertaking shall provide the vehicles used in the transport business with a sign indicating who operates the transport. In the case of regular transport, it is also necessary to indicate the route. On regular transport lines, the transport undertaking is obliged to place a clear indication of the stations (stops) in the manner prescribed by the Ministry of Transport.
(4) The Ministry of Transport may impose other obligations on transport undertakings by means of an official decree if necessary to ensure compliance with a single economic plan or an economic arrangement of transport.
Transport which is not a transport business.
Authorisations for certain undertakings to transport without authorisation.
The Ministry of Transport determines in agreement with the participating ministries what kind of transport, to what extent and under what conditions they can operate without permission as a supplement to their main business
(a) Czechoslovak airline, national enterprise,
(b) Czechoslovak State Post, National Enterprise (hereinafter referred to as "ČSP"),
(c) Čedok, national enterprise,
(d) Czechoslovak State Railways, National Enterprise,
(e) Headquarters for Agriculture Mechanisation, National Enterprise.
Other transportation without permission.
(1) Mass transport of persons may be carried out without authorisation if:
(a) transport for recreation purposes planned and organised by the Central Council of Trade Unions;
b) transport of performers or members of theatres, Czechoslovak state film or Czechoslovak radio on cultural, after work tours.
(2) Non-public transport of persons may be carried out without authorisation if:
(a) own-account transport;
(b) isolated occasional services for hire or reward;
(c) carriage for service purposes by an employee of his own vehicle.
(3) Transport can be carried out without authorisation if it is for transport for its own use. Holders of agricultural tractors may carry out the transport of goods by such tractors without authorisation for undertakings in agricultural, forestry and related sectors.
(4) In addition to the cases referred to in the preceding paragraphs, transport of persons and goods may be carried out without authorisation if justified by an emergency or if it is for fire or civil protection purposes.
(5) The transport of persons on lorries and lorries may be carried out without authorisation under this Regulation if authorised under the rules on public road traffic.
(6) The Ministry of Transport may, in agreement with the participating ministries, provide for a decree in an official document in which no authorisation is required. In particular, it may do so in cases where the fulfilment of a single economic plan or other general interest so requires, provided that the conditions of the economic arrangements of transport are guaranteed. The Ministry of Transport may also authorise regional, after the district national committees, to authorise, on certain exceptional occasions, concessions in respect of the granting of authorisations, to provide that authorisation is not necessary.
Transport of mail.
(1) There is no need for a special permit for the transport of mail (even of employees accompanying them) by vehicles of ČSP within the limits of the provisions of the Postal Act.
(2) The provisions of paragraph 1 also apply to the transport of mail by other road vehicles operated under the agreement of ČSP with its holder.
Transport to warrant.
(1) For public transport of persons for their own use as well as for carriage for hire or reward, if they do not fall within the provisions of Sections 12 and 13, the authorisation of the Regional National Committee is necessary. The Regional National Committee may authorise the Regional National Committee to grant authorisations if transport is not intended to extend beyond one district.
(2) In particular, authorisations are needed by the Agriculture Control Centre, the national undertaking and other agricultural tractor holders for the transport of goods not covered by the provisions of Section 12, after Article 13 (3). In deciding on this authorisation, the Regional National Committee will ensure that the scope of the transport and the period covered by the authorisation correspond to the need for the region. The Ministry of Transport shall, in agreement with the Ministry of Agriculture, adjust the details by means of an official decree. In doing so, it may be established when the Regional National Committee may be authorised.
(3) The authorisation is also needed by foreign air transport undertakings for transport of the same type as they will be able to operate without the permission of the Czechoslovak airline, a national undertaking. They also need permission from national, municipal or cooperative accommodation companies to transport guests from the nearest appropriate railway or automotive station to their own place and back. If transport is not to exceed the perimeter of one district, the district national committee, otherwise the regional national committee, shall be responsible for the authorisation provided for in this paragraph.
Procedure for granting transport permits.
(1) The application for a transport authorisation shall indicate in particular the purpose and mode of transport for which the authorisation is sought, the description of the route or perimeter where the transport is to be carried out and the number, type and type of vehicles to be carried out.
(2) In order to grant a transport permit pursuant to Article 15 (3), it is decisive whether it is a necessary supplement to the main business of the undertaking concerned. In other cases, the national committee shall grant authorisation only if the required transport cannot be effectively procured by transport undertakings, in particular if they cannot be organised economically when procuring the relevant transport needs. In the absence of an individual transport operation, the national committee shall seek the opinion of ČSAD before taking its decision; If a municipal undertaking or Czechoslovak State Railways, a national undertaking, is also considered in the relevant district, it shall also request their opinion.
(3) The National Committee will also take into account whether the roads and, in particular, the state of bridges and roads allow the vehicles mentioned in the application to be carried out.
Content of the transport permit.
(1) The authorisation to carry out transport will include in particular:
(a) an indication of the creditor;
(b) the mode of transport, as well as its local and factual scope, after any other more precise definition;
(c) the number and type of vehicles and their stations.
(2) When granting an authorisation, the range of persons or types of goods which may be transported by authorisation may be determined. Specific conditions may also be imposed, in particular to ensure compliance with the single economic plan or to ensure the continuous and secure implementation of the transport to the extent permitted.
(3) The permit may be issued for a single transport operation as well as for the repetitive execution of the transport. Where the authorisation concerns repeated transport operations, a period of 10 years shall be fixed.
Modification and withdrawal of transport permits.
(1) The National Committee which has granted an authorisation may amend it if the general interest so requires; in particular, it may do so if some of the facts taken into account in the granting of the authorisation change. The extension of the authorisation with regard to the scope of transport is permitted only after the procedure under Section 16.
(2) The national committee which granted the authorisation may also withdraw the authorisation, if the general interest so requires, or decide, at the reasoned request of the creditor, that the authorisation ceases to exist. In particular, it may withdraw the authorisation if the facts taken into account in the granting of the authorisation are substantially altered, and if the creditor fails to comply with the conditions imposed on him or infringes the provisions of the law, after the provisions laid down by him.
Adequate validity of the provisions on transport business.
(1) The provisions of Section 7 and Section 8 and Section 11 (1) and (4) shall apply mutatis mutandis to carriage for hire or reward, even without authorisation, in so far as transport is not isolated and occasional. The Ministry of Transport shall adjust the details by means of an official certificate.
(2) The provisions on transport obligations (Section 3 (1) of the Act) as well as on specific obligations on scheduled services, in particular those on timetables, also apply to the operation of scheduled passenger transport.
Derogation for non-motor vehicles.
The Ministry of Transport may, in agreement with the participating ministries, provide for derogations in the Official Gazette from the provisions of this section for transport by means of means of transport other than motor vehicles; derogations may relate in particular to the need for authorisation and the procedure for granting authorisations.
General provisions.
Types of road transport and their characteristics.
(1) The motor and non-motor transport of persons and goods is carried out as regular or irregular. The transport of persons is mass or non-mass. Transport which is not operated as a transport business shall be carried out for its own or for foreign use.
(2) The transport is scheduled and repeated at at least approximately the same time and between the same places.
(3) Mass passenger transport is a vehicle equipped to carry more than eight persons, except the driver; in the case of a vehicle which is not designed for the carriage of persons, it is mass transport if more than eight persons are carried on it except the driver.
(4) Transport for the individual's own needs is transport for his personal use and for the personal use of his family members. In the case of undertakings, transport is for own use only for the needs and purposes of the undertaking, including the delivery of their own products and, in the case of distribution undertakings, also including the delivery of the goods of their own undertaking (competitive transport); in the case of municipal undertakings, also transport for the needs of other municipal undertakings and national committees in the same interest area is considered as transport for own use (Section 3). In the case of public authorities and public administrations, transport for its own use shall be considered to be transport only for their own needs and purposes. The Ministry of Transport shall, by decree, issue more detailed provisions on the provisions of this paragraph.
Authorization of national committees for measures under Section 8 (2) of the Act.
(1) The Regional National Committees may take measures under Paragraph 8 (2) of the Act to overcome urgent transport needs or other urgent general interest; it is governed by the directives of the Ministry of Transport issued in agreement with the participating ministries. Within the limits of the powers given by the Regional National Committees, regional national committees may also take such measures.
(2) In the case of measures relating to individual vehicles, a written notice must always be issued. The exemption is only possible if there is a danger of delay and even then a written notice must be issued retrospectively. Where a particular transport task is imposed, it may be ordered that the holder of the vehicle give with it the means necessary to carry out that task, which he may provide without any special provision (in particular fuel or towing animals). The holder of the vehicle may also be ordered to provide the service of the vehicle, provided that this does not jeopardise a more important and urgent interest than is required for the vehicle.
(3) The measures referred to in paragraph 1 shall ensure that the uniform economic plan and the important general interests are implemented. In the case of vehicles intended and used for important economic or cultural policy tasks, account should be taken of whether further satisfaction is provided for those needs to which the vehicle served.
Replacement to vehicle holders.
The holders of vehicles which have complied with the order under Paragraph 8 (2) (a) of the Act shall be entitled to compensation. The refund shall be granted by the person in respect of whom the measure has been taken.
Transitional and final provisions.
The current authorisation for the transport business.
The provisions of the first section on transport undertakings shall apply mutatis mutandis to persons carrying out transport operations under a transport business authorisation valid on the date of entry into force of the law.
Co-operation of the Ministry of Interior in municipal business matters.
The Ministry of Transport shall proceed with matters affecting municipal enterprises in agreement with the Ministry of Interior.
The effectiveness of the law.
Act No. 57 / 1950 Coll., on the treatment of road transport business, takes effect on 1 June 1951.
Efficiency and implementation of the Regulation.
This Regulation shall enter into force on 1 June 1951. They shall be carried out by the Minister for Transport in agreement with the participating members of the Government.
Zaporocký v. r.
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Regulation Information
| Citation | Government Decree No. 36 / 1951 Coll., implementing the Act on the treatment of road transport business |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.05.1951 |
|---|---|
| Effective from | 01.06.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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