Decree No. 371 / 2020 Coll.
Decree amending Decree No. 522 / 2006 Coll., on state professional supervision and controls in road transport, as amended
Valid
Order
Effective from 01.10.2020
Text versions:
01.10.2020
17.09.2020
371
DECLARATION
of 10 September 2020
amending Decree No 522 / 2006 Coll., on state professional supervision and controls in road transport, as amended
The Ministry of Transport provides, pursuant to Article 41 (2) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll., Act No. 150 / 2000 Coll., Act No. 103 / 2004 Coll., Act No. 229 / 2005 Coll., Act No. 226 / 2006 Coll., Act No. 194 / 2010 Coll., Act No. 119 / 2012 Coll., Act No. 102 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 304 / 2017 Coll., Act No. 115 / 2020 Coll., and Act No. 337 / 2020 Coll., ("Act ') for the implementation of Sections 34 (3) and Section 38a (4) of the Act:
Decree No. 522 / 2006 Coll., on state professional supervision and controls in road transport, as amended by Decree No. 39 / 2010 Coll., Decree No. 269 / 2012 Coll., Decree No. 9 / 2015 Coll., Decree No. 444 / 2016 Coll. and Decree No. 462 / 2017 Coll., are amended as follows:
1. In the introductory sentence, "§ 34 (1) and § 38a (3) 'is replaced by" § 34 (3) and § 38a (4)'.
2.Paragraph 1, including footnote 2a, reads as follows:
This decree implements the relevant European Union2 provisions and, following the directly applicable European Union2a Regulation, regulates the uniform procedures, system and subject matter of controls and state professional supervision in road transport (hereinafter referred to as "control ').
(2a) Commission Implementing Decision (EU) 2017 / 1013 of 30 March 2017 establishing the single report form referred to in Article 17 of Regulation (EC) No 561 / 2006 of the European Parliament and of the Council. 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. ';
3. Paragraph 2 (2), including footnote 1, reads as follows:
"(2) The control authority shall:
(a) in the case of a controlled vehicle equipped with a recording device as referred to in Article 2 (2) (h), a directly applicable European Union tachograph regulation (1) (hereinafter referred to as the "digital tachograph"), a control card enabling the control authority to make available the data from the digital tachograph and a digital signature control device in accordance with the directly applicable European Union Regulation (3a) attached to the data together with the programme equipment for verifying and checking the digital signature, as well as a detailed vehicle speed profile before checking the recording equipment; or
(b) where the vehicle is equipped with a recording device as referred to in Article 2 (2) (g) of the directly applicable European Union tachograph regulation in road transport1 ("analogue tachograph"), a recording sheet inspection device.
1) 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. ';
4. Article 6, including the title and footnote 6, reads:
System of checks on compliance with vehicle driving times, safety breaks and rest periods
(1) The inspection authority shall carry out checks on compliance with vehicle driving times, safety breaks and rest periods to cover, in summary, at least 3% of the working days of drivers of vehicles covered by directly applicable European Union6).
(2) Of the number of checks referred to in paragraph 1, road checks shall comprise at least 30% of all vehicle drivers' working days checked and at least 50% of all vehicle drivers' working days checked.
(6) 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 Regulation (EEC) No 3820 / 85, as amended. 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. ';
5.
(Paragraph 38a (4) of the Law)
(1) The model of the certificate of prevention of driving by using a technical device or of the retention of vehicle documents and documents relating to the transport carried out under Section 35d (3) of the Act is set out in Annex 9 to this Decree.
(2) The model of the certificate of prevention of driving by using a technical device or of the retention of vehicle documents and documents related to the transport carried out, issued in accordance with Section 35j (3) of the Act, is set out in Annex 10 to this Decree.
(3) The model of the proof of deposit is set out in Annex 11 to this Order. "
6. Article 8 shall be deleted, including the title.
7. Annex No 1 is deleted.
8. Annex 2 shall read as follows:
"Annex No 2 to Decree No 522 / 2006 Coll.
Infringements by foreign carriers in the Czech Republic and selected bail
"
9. In Annex 3, point 1.7:
"1.7. Infringements - Number and type of infringements detected on roads
(N - Regulation of the European Parliament and of the Council, Z - Act No. 111 / 1994 Coll.)
"
10. Point 2.2 of Annex 3 reads as follows:
"2.2. Infringements - number and type of infringements detected at the premises of carriers
(N - European Parliament and Council Regulation)
"
11. Annex 5 shall read as follows:
"Annex No 5 to Decree No 522 / 2006 Coll.
Measures taken against domestic carriers which have breached obligations in other Member States
"
12. Annex 6 reads as follows:
"Annex No 6 to Decree No 522 / 2006 Coll.
Number and amount of fines imposed by the Transport Authority by final decision in administrative proceedings
"
13. The heading of Annex 9 reads as follows:
"Confirmation of the detention of vehicle documents and documents related to the transport carried out / of the prevention of driving by using a technical means to prevent the departure of a vehicle issued under § 35d of the Act '.
14. Annex 10 shall read as follows:
"Annex No 10 to Decree No 522 / 2006 Coll.
Confirmation of the detention of vehicle documents and documents related to the transport carried out / of the avoidance of driving by using a technical means to prevent the departure of a vehicle issued under § 35j of the Act
"
15. the following Annex 11 is added:
"Annex No 11 to Decree No 522 / 2006 Coll.
Bail receipt confirmation
"
Efficacy
This Decision shall enter into force on 1 October 2020.
Minister:
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Regulation Information
| Citation | Decree No. 371 / 2020 Coll., amending Decree No. 522 / 2006 Coll., on state professional supervision and controls in road transport, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.09.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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