Act No. 374 / 2007 Coll.
Act amending Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles and on amendments to certain laws, as amended, Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, Act No. 634 / 2004 Coll., on administrative fees, as amended, and Act No. 111 / 1994 Coll., on road transport, as amended
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Effective from 01.04.2008
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374
THE LAW
of 6 December 2007
amending Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles and on amendments to certain laws, as amended, Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, Act No. 634 / 2004 Coll., on administrative charges, as amended, and Act No. 111 / 1994 Coll., on road transport, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles and on amendments to certain laws, as amended
Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles and on amendments to certain laws, as amended by Act No. 478 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 411 / 2005 Coll., is amended as follows:
1. In Section 1 of the introductory part of the provision, the words "incorporating the relevant provisions of the European Community1) and 'shall be inserted after the word" the law. "
Footnote 1:
"(1) Directive 2003 / 59 / EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers and amending Council Regulation (EEC) No 3820 / 85 and Council Directive 91 / 439 / EEC and repealing Council Directive 76 / 914 / EEC. Directive 2004 / 66 / EC of the European Parliament and of the Council of 26 April 2004 adapting, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Directives 1999 / 45 / EC, 2002 / 83 / EC, 2003 / 37 / EC and 2003 / 59 / EC of the European Parliament and of the Council and Council Directives 77 / 388 / EEC, 91 / 414 / EEC, 96 / 26 / EC, 2003 / 48 / EC and 2003 / 49 / EC in the fields of free movement of goods, freedom to provide services, agriculture, transport policy and taxation. '
footnote 1 shall be renumbered footnote 1a, including the footnote references.
2. in Article 1 (f):
"(f) the way in which drivers are taught and trained to improve the professional competence of drivers,"
3. in Article 1, the following points (g) and (h) are inserted after point (f):
'(g) requirements for and rights and obligations of a natural or legal person carrying out teaching and training in improving the professional competence of drivers;
(h) the issue of a driver's professional licence; ';
Points (g) and (h) shall be renumbered as points (i) and (j).
4. in Paragraph 13 (1) (e):
"(e) has a permanent or temporary residence in the Czech Republic, '.
5. In Paragraph 13 (2), "year and a half 'is replaced by" two years';
6. in Paragraph 13 (3) (b):
"(b) address of permanent or temporary residence in the Czech Republic,"
7. Paragraph 13 (5) reads as follows:
"(5) The facts referred to in paragraph 1 (g) shall be supported by a declaration of honour by the applicant.";
8. Paragraph 19 (2) is deleted and paragraph 1 is deleted.
9. In Paragraph 25, the second sentence is deleted.
10. in Paragraph 43 (1), "30" is replaced by "35."
11. in Article 43 (5), the words "AM and A groups or subgroups A1" are replaced by the words "carried out with a training vehicle which is only two-seater,"
12. The fifth part, including the title and footnotes No 5 to 6b, shall read:
DETERMINATION OF THE TRAINING ELIGIBILITY OF THE ROAD
DETERMINATION OF TRAINING LIQUIDITY OF RANGE FOR THE PURPOSES OF PROFESSIONAL ELIGIBILITY OF RANGE
(1) Improving driver competence includes initial training and subsequent regular training.
(2) Improving the professional competence of drivers shall be obliged to participate in the driver who:
(a) is a citizen of a Member State of the European Union and has a permanent residence in the Czech Republic;
(b) is a citizen of a Member State of the European Union and has a temporary stay in the territory of the Czech Republic lasting at least 185 days in a calendar year; or
(c) is a citizen other than a Member State of the European Union and carries out dependent work (5) for employers established in the Czech Republic or operating in the Czech Republic;
when driving a motor vehicle the driving licence of category C, C + E, D and D + E or of subcategories C1, C1 + E, D1 and D1 + E or of a driving licence recognised as equivalent.
(3) The obligation referred to in paragraph 2 does not apply to drivers
(a) vehicles with a maximum authorised speed not exceeding 45 km.h-1;
(b) vehicles used by the armed forces of the Czech Republic, the Czech Police, the Customs Administration of the Czech Republic and the intelligence services of the Czech Republic,
(c) vehicles of the Czech Fire Department and voluntary fire-fighting units, medical emergency services and the State Material Reserve Administration,
(d) vehicles used in the provision of civil protection and mining rescue services;
(e) vehicles in test operation6),
(f) vehicles used in training under parts three and five of this Act and in tests under parts three and four of this Act;
(g) vehicles used in the transport of goods used by the driver in the performance of his or her dependent work or business, unless the driving is the main object of the dependent work or of the driver's business;
(h) vehicles used for their own use; and
(i) agricultural and forestry tractors.
(4) Regular training is a deepening of the qualification under the Specific Legislation (6a).
Initial training
(1) Initial training shall be carried out in the form of teaching and training and shall be completed by examination of the professional competence of drivers. The subject of teaching and training is the acquisition and deepening of knowledge
(a) the theory of advanced rational driving and safe and defensive driving principles;
(b) the application of national and international legislation relating to road transport;
(c) the safety of the operation and environmental operation of the vehicle;
(d) provision of services and logistics;
(e) the economic environment and organisation of the transport market;
(f) the social legal environment in road transport;
(g) health risks and their prevention on the road;
(h) road emergency prevention and management.
The training shall include a common part for all categories of driving licences referred to in Paragraph 46 (2), a specific part for categories of driving licences C1, C1 + E, C and C + E and a specific part for categories of driving licences D1, D1 + E, D and D + E.
(2) Training for the relevant group or subgroup of driving licences shall be carried out by driving a training vehicle in accordance with Annex 2 under the supervision of the instructor. Only a driver who already holds a driving licence of the group or subgroup concerned may undergo training. Part of the driving training may be replaced by training on the driving simulator.
(3) The instruction and training in the initial training shall be conducted within a basic range of 140 hours for all drivers referred to in Section 46 (2).
(4) Drivers holding a category C, C + E, D and D + E driving licence may undergo instruction and training within an extended range of 280 hours.
(5) A driver who has received initial training for categories and subgroups of driving licences C1, C1 + E, C and C + E and who intends to drive a vehicle for which the driving licence of the group and subgroups D1, D1 + E, D and D + E is entitled to drive, and vice versa, only special parts of the training for the new group and subgroup of driving licences will be subjected.
(6) The curriculum of initial training, the proportion of teaching and training on the overall range of initial training, the content of teaching and training, the scope of the common part and the specific parts of teaching, the part of the training in driving the vehicle, which may be replaced by training on the driver's trainer, and the maximum number of participants in the initial training course shall be laid down in implementing legislation.
Regular training
(1) The subject of regular training shall be the deepening of knowledge acquired during initial training. Regular training shall take the form of instruction.
(2) The driver shall participate in regular training for a total of 35 hours until the end of the fifth year from the date of issue of the licence in accordance with § 52c. Regular training is divided into annual courses of 7 hours.
(3) The holder of a valid document certifying the professional competence of a driver, issued by another Member State of the European Union under the European Communities Code (6b), which has been authorised in the territory of the Czech Republic for permanent or temporary residence, or who has started to work or do business in accordance with Paragraph 46 (2), shall participate in regular training within a period of 35 hours until the date of expiry of that document. Where less than 5 years have elapsed by that date, the annual rate referred to in paragraph 2 shall not apply.
(4) A driver who has participated in regular training for categories and subgroups of driving licences C1, C1 + E, C and C + E and who is driving a vehicle whose driving is entitled to drive by category and subgroups D1, D1 + E, D or D + E, and vice versa, need not undergo new periodic training for those other groups or subgroups.
(5) The curriculum of regular training, the content of teaching and the maximum number of participants in the regular training course are laid down in implementing legislation.
Operator of the training centre
(1) The teaching and training shall be carried out by a natural or legal person who is granted accreditation to carry out such an activity by the regional authority responsible for its place of business or headquarters (hereinafter referred to as the operator of the training centre).
(2) The Regional Authority shall grant the applicant accreditation for teaching and training on the basis of a written request if the applicant demonstrates that:
(a) holds a trade licence;
(b) meets other requirements under this law; and
(c) pay an administrative fee.
(3) Accreditation for teaching and training is non-transferable and does not pass on to the legal successor.
Additional requirements for accreditation
(1) Applicants for accreditation for teaching and training must:
(a) have a written plan to ensure teaching and training, defining the organisation and scope of teaching and training, including the maximum number of participants in each course, individual teaching subjects and the way in which teaching and training are carried out, including appropriate teaching material;
(b) have a list of the lecturers through which, after the start of the operation of the training centre, they shall provide instruction and training, indicating their names, surnames and professional qualifications, which:
1. are referred to in Sections 22 (a), 22 (b), 22 (c) and 22 (e) in the case of articles falling within the scope of and prevention of health risks; or
2. have a secondary education with a graduate degree in road transport and 5 years of experience in road transport, or higher vocational training in road transport and 4 years of experience in road transport, or higher education and 3 years of experience in road transport, where other subjects are involved;
3. satisfy the conditions laid down in Paragraph 21 (3) in the case of training;
hereinafter referred to as "competent persons',
(c) have the right to use the non-residential premises and equipment necessary for teaching;
(d) have the right to use training vehicles necessary for the provision of training; and
(e) have a control system to monitor compliance of teaching and training with the plan referred to in (a).
(2) Paragraph 9 and 10 shall apply mutatis mutandis to the use of a training vehicle in training.
(3) The fields related to road transport in secondary education with a graduate examination and higher vocational education are laid down in implementing legislation.
Obligations of the operator of the training centre
(1) The operator of the training centre shall:
(a) conduct teaching and training as planned for teaching and training;
(b) ensure that teaching and training are carried out through competent persons;
(c) ensure the conduct of teaching and training through training vehicles pursuant to Sections 9 and 10;
(d) have the right to use and keep at the disposal of non-residential premises and equipment necessary for the provision of teaching throughout their activities;
(e) throughout the course of their activities, have the right to use and keep at the disposal of training vehicles necessary for the provision of training;
(f) proceed in accordance with the control system for monitoring compliance of teaching and training provision with the training plan;
(g) keep records of teaching and training carried out, including the list of participants; and
(h) send at the latest 5 working days before the beginning of teaching or training in the framework of entry and regular training a list of the subscribers applied for, the place, date and time of commencement of the teaching or training to the municipal office of the municipality with extended competence, according to its place of business or registered office.
(2) The operator of the training centre shall notify the Regional Office of changes to the data relevant to the accreditation and provide evidence thereof within 15 days of the date on which they occurred.
(3) The operator of the training centre shall issue, without undue delay, a certificate of the extent and content of the teaching and training completed and the date of completion of the teaching and training to the driver who has completed the training at that centre.
(4) The operator of the training centre shall recognise teaching and training to the extent specified in the certificate referred to in the previous paragraph to which the driver has submitted to another operator of the training centre. In the case of initial training, the operator of the training centre shall recognise teaching and training according to the first sentence only if no more than 3 months have elapsed since the completion of previous teaching and training.
(5) The model certificate for teaching and training completed and the date of completion of teaching and training at the training centre shall be laid down in implementing legislation.
Withdrawal of accreditation for teaching and training
(1) The Regional Authority shall decide to withdraw accreditation for teaching and training where the operator of the training centre:
(a) has repeatedly or grossly infringed the obligations laid down by this law;
(b) no longer fulfils the conditions for granting accreditation under Paragraph 49 (2) (a); or
(c) request withdrawal of accreditation.
(2) An operator to whom the accreditation for teaching and training has been withdrawn pursuant to paragraph 1 (a) may request re-accreditation for teaching and training not earlier than 3 years from the date on which the decision to withdraw the accreditation for teaching and training was taken.
Conditions for admission to teaching and training
(1) An operator of a training centre may only accept a person who:
(a) submit a written application,
(b) holds a driving licence of the group or subgroup concerned or participates in teaching and training to obtain the driving licence of the group or subgroup concerned.
(2) The conditions referred to in paragraph 1 (a) shall apply to the admission of a person to be taught in regular training. The applicant for admission to teaching in the framework of regular training shall also hold the driving licence of the relevant group or subgroup and the driver's professional licence.
Test
(1) A written request for the examination shall be submitted by the driver to the municipal authority of the municipality with an extended competence according to the place of business or the registered office of the operator of the training centre at which he has completed his teaching and training in improving the professional competence of drivers.
(2) The applicant for the test must demonstrate that:
(a) have completed full education and training within the framework of initial training and additional training, if provided for by this law;
(b) pay an administrative fee;
c) is a citizen
1. a Member State of the European Union and has a permanent residence in the Czech Republic; or
2. a Member State of the European Union and has a temporary stay of at least 185 days in the Czech Republic; or
3. other than a Member State of the European Union and carrying out dependent work 5) for employers established in the Czech Republic or operating in the Czech Republic; and
(d) holds a driving licence of the group or subgroup concerned.
(3) The municipal authority of the municipality with extended scope shall inform the applicant in writing without undue delay of the place, date and time of the examination. The examination shall take place no later than 30 days after receipt of the application for the examination and proof of all the facts referred to in paragraph 2 to the municipal authority of the municipality with extended scope, but not earlier than the fifth working day following the date of communication of the site, the date and time of the examination referred to in the first sentence.
(4) The examination shall be carried out in writing and shall verify knowledge in all areas of teaching referred to in Paragraph 47 (1).
(5) The examination shall be carried out by the municipal authority of the municipality with extended competence through the Examination Commissioner in accordance with Section 33 (2). Paragraphs 33 (4) and (5) and 34 to 37 shall apply mutatis mutandis to the Examination Commissioner.
(6) If the driver has failed the test, the test may be repeated no more than three times. The repeated test may be carried out at least 5 working days after the date of the previous test. If the driver fails the second repeat test, he shall be subjected to repeated instruction from the subject in which he failed and to the test. If the driver fails to pass the test in accordance with the third sentence, he is obliged to participate in the new entry training in full. The tests according to the second and third sentences shall be completed by the driver no later than 1 year after the date of the first test, otherwise he shall undergo new entry training in full.
(7) The municipal authority of the municipality with extended scope which carried out the test shall issue the applicant without undue delay after evaluation of the test results with a written certificate of completion of the test and shall indicate the result thereof.
(8) The content, scope and manner of carrying out the test and the evaluation of its results and the model of the test confirmation shall be laid down in the implementing legislation.
Driver proficiency certificate
(1) The municipal authority of the municipality with extended competence according to the permanent or temporary residence of the driver in the territory of the Czech Republic, or if the driver does not have permanent or temporary residence in the territory of the Czech Republic, according to the registered office or place of business of the driver or his employer, shall issue the driver with a certificate of professional competence on written request.
(2) The applicant for a driver's professional licence must demonstrate that he holds the driving licence of the group or subgroup concerned and has paid an administrative fee. The applicant shall further demonstrate that:
(a) has successfully passed the examination 6 months before the application was submitted; or
(b) have undergone full training and is a citizen
1. a Member State of the European Union and has a permanent residence in the Czech Republic; or
2. a Member State of the European Union and has a temporary stay in the territory of the Czech Republic lasting at least 185 days in a calendar year; or
3. other than a Member State of the European Union and carrying out dependent work 5) for employers established in the Czech Republic or operating in the Czech Republic.
(3) The successful completion of the examination referred to in paragraph 2 shall not be supported by the applicant if the examination has been carried out by the municipal authority of the municipality with extended scope referred to in paragraph 1.
(4) The validity of the driver's professional licence shall be 5 years.
(5) The loss, theft, damage or destruction of the driver's professional licence must be notified without undue delay to the municipal authority of the municipality with extended competence. Without undue delay after notification, the municipal authority of the municipality with extended competence shall issue a certificate of loss, theft, damage or destruction of the driver's professional licence to the driver. The certificate shall replace the lost, stolen, damaged or destroyed driver's professional licence and shall be valid for 30 days from its issue.
(6) For a lost, stolen, damaged or destroyed driver's professional licence, upon written request and after payment of the administrative fee, the municipal office of the municipality shall, within 20 days of the date on which the application is submitted, make a duplicate of the licence.
(7) If there is a change in the data in the driver's professional licence, the municipal authority of the municipality with extended competence of the driver shall issue a new driver's professional licence upon written request. The applicant shall demonstrate the change of data and the payment of the administrative fee. The date of expiry of the new licence shall coincide with the date of expiry of the licence replaced by the new licence. For the holder of a valid document certifying the professional competence of a driver, issued by another Member State of the European Union under the European Communities Regulation (6a), who has been granted permanent or temporary residence in the territory of the Czech Republic, or who has started to work or do business in accordance with Paragraph 46 (2), this provision shall apply mutatis mutandis.
(8) The holder of a driver's professional licence shall, upon receipt of a new driver's professional licence, hand over the present licence or certificate of loss, theft, damage or destruction to the driver's professional licence, if issued, to the municipal authority of the municipality with extended scope.
(9) The model of the driver's professional licence and the model of the certificate of loss, theft, damage or destruction of the driver's professional licence shall be laid down in the implementing legislation.
DETERMINATION OF THE COMPETITION OF THE MANDATORS TO WHICH THEY HAVE REGISTERED IN THE REGISTER OF THE ARRANGEMENTS FOR THE ARRANGEMENTS INCLUDED IN THE POINT EVALUATION
Basic provisions
By improving the professional competence of drivers who have recorded points in the driver register for actions included in the infringement assessment under the Special Legislation (2a), a voluntary participation by a driver who does not have more than 10 points in the driver register for infringements assessed under the Special Legislation (2a) shall mean less than 6 points in the training of safe driving.
Safe driving centre
Authorisation to improve the professional competence of drivers with points recorded in the register of drivers
(1) Improving the professional competence of drivers with points recorded in the register of drivers is carried out by the operator of the training centre to which the regional authority has granted higher accreditation to conduct safe driving training (hereinafter referred to as the "safe driving centre operator").
(2) The Regional Authority will grant higher accreditation to conduct safe driving training to the applicant on a written request if the applicant demonstrates that:
(a) has been accredited to conduct teaching and training under this Act;
(b) meets other requirements under this law; and
(c) pay an administrative fee.
(3) Higher accreditation to conduct safe driving training is non-transferable and does not pass on to the legal successor.
Additional requirements for higher accreditation for safe driving training
(1) Applicants for higher accreditation for safe driving training must:
(a) have a written plan to ensure safe driving training, defining the organisation and scope of the training, including the maximum number of training participants, individual teaching subjects and the way in which training is carried out;
(b) have a list of safe driving instructors through which they will provide instruction and training after the start of the safe driving training, indicating their names, surnames and professional qualifications for teaching and training;
1. hold a professional certificate for at least categories of driving licence A, B, B + E, C, C + E and D;
2. have experience of providing teaching and training under this Act for at least 5 years; and
3. have higher vocational or higher education;
(c) demonstrate that it has the right to use the non-residential premises and equipment necessary for providing safe driving training;
(d) demonstrate that a control system is set up to monitor compliance of safe driving training with the plan referred to in (a); and
(e) demonstrate that it has a training area which is not publicly accessible by means of infrastructure on which different traffic situations and climatic and weather conditions can be technically induced during training.
(2) The basic technical requirements for non-residential premises and equipment referred to in paragraph 1 (c) and for the training area referred to in paragraph 1 (e), its equipment and technical training shall be laid down in implementing legislation.
Obligations of the operator of the safe driving centre
(1) The operator of the safe driving centre is obliged to:
(a) conduct safe driving training as planned to ensure safe driving training;
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Regulation Information
| Citation | Act No. 374 / 2007 Coll., amending Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence for the management of motor vehicles and on amendments to certain laws, as amended, Act No. 361 / 2000 Coll., on road traffic and amendments to certain laws (Road Traffic Act), as amended, Act No. 634 / 2004 Coll., on administrative charges, as amended, and Act No. 111 / 1994 Coll., on road transport, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2007 |
|---|---|
| Effective from | 01.04.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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