Act No. 38 / 1995 Coll.
Law on technical conditions of road traffic
Valid
Effective from 01.07.1995
38
THE LAW
of 8 February 1995
on technical conditions for the operation of road vehicles on the road
Parliament has decided on this law of the Czech Republic:
ELIGIBILITY OF THE STRONG VEHICLE
Road vehicle
(1) Road vehicle means a vehicle which is manufactured and intended for use on the road. The types of road vehicles and technical conditions with regard to the construction, design and equipment of road vehicles shall be laid down in an implementing regulation. Non-road vehicle means a vehicle which is manufactured and intended for purposes other than road traffic and which may be operated on road. The types of other vehicles and the technical conditions shall be laid down in the implementing regulation.
(2) On roads it is prohibited to operate a road vehicle,
(a) which, by design and technical condition, does not comply with the requirements of road safety, operators, persons and goods;
(b) which, in its technical state, endangers the environment beyond the limits laid down in the implementing regulation and the special regulation, 1)
(c) whose technical capability to operate has not been approved,
(d) which is not accompanied by a registration number if required under special Regulation (2).
Technical competence of a road vehicle type
(1) The manufacturer of road vehicles manufactured in bulk for the purpose of their operation on the road shall be obliged to produce them according to the type approved. The technical competence of a road vehicle type, including parts and accessories of a road vehicle, shall be approved by the Ministry of Transport (hereinafter referred to as the Ministry) at the request of the manufacturer. The Ministry shall approve the technical competence of a type of road vehicle if the technical conditions laid down in the implementing regulation or in the international agreement to which the Czech Republic is bound are met.
(2) The Ministry shall initiate the procedure for the type-approval of a road vehicle, parts and accessories of a road vehicle on the date on which the application has been received by the Ministry which fulfils the requirements and is supported by the prescribed documents. The Ministry shall decide on the application for type-approval of a road vehicle, components and accessories within 90 days of the initiation of the procedure. The particulars of the application, the documents to be provided for the application and the type-approval procedure for the road vehicle, components and accessories of the road vehicle shall be laid down in the implementing regulation.
(3) In the case of road vehicles designated by the implementing regulation, the basis for the decision of the Ministry on the competence of a road vehicle type shall be the examination of the road vehicle. The road vehicle testing shall be carried out on the manufacturer's cargo with a legal person designated by the Ministry.
(4) The provisions of paragraphs 1, 2 and 3 also apply to the mass conversion of a type of road vehicle.
Technical competence of an individual road vehicle to operate
(1) The technical capability of an individual road vehicle to operate on roads which does not conform to an approved road vehicle type is decided by the competent traffic inspector of the Police of the Czech Republic (hereinafter referred to as the "Transport Inspectorate"), which issues evidence of its technical competence for operation.3) The Transport Inspectorate shall issue a document of the technical competence of a road vehicle to operate if the technical conditions of the road vehicle, as laid down in the implementing regulation or the international contract, which the Czech Republic is bound by, are met.
(2) The provisions of paragraph 1 shall also apply to individual road vehicles which have been rebuilt.
Exceptions
(1) The Ministry may decide to grant a type-approval of a road vehicle, its components and accessories or to approve the technical competence of an individual road vehicle to operate on the basis of an application for an exemption from the technical conditions of the road vehicle. Exemptions may be granted only if the design and design of the road vehicle ensure, with the exception of the safety of the road vehicle's operation.
(2) The exemption cannot be granted from the technical conditions laid down for road vehicle brakes, exhaust pollutant emissions, road noise and road vehicle interference.
(3) The details of the request for exemption and the details of the granting of exemptions are laid down in the implementing act.
Obligations of the road vehicle manufacturer
(1) The manufacturer of a road vehicle confirms the conformity of a road vehicle with an approved type with the registration of the technical capacity of a road vehicle in the technical licence or certificate of the vehicle it issues for each road vehicle produced by it.
(2) The Ministry shall check manufactured road vehicles put into service for conformity with the approved road vehicle type. If the Ministry finds that the road vehicles produced are not the same as the approved road vehicle type, it shall prohibit the manufacturer from putting the road vehicle into service and shall impose a period within which the defects must be remedied or decide to prohibit the operation of road vehicles when road vehicles are already put into service. The appeal against the Ministry's decision has no suspensory effect.
Road vehicles in service
(1) Road vehicles registered in the Czech Republic and bearing a registration mark are subject to regular technical inspections to check the technical state of the road vehicle (hereinafter referred to as "roadworthiness tests") and regular emission measurements to check compliance with the permissible limits of harmful emissions in the exhaust gases of the road vehicle (hereinafter referred to as "emissions measurement").
(2) The holder of a road vehicle registered in a vehicle technical licence (hereinafter referred to as "the holder of a road vehicle") must:
(a) ensure a technical inspection of the road vehicle at the technical inspection and emission measurement station at the emission measurement station on its load;
(b) to land a road vehicle for technical inspection and measurement of emissions within the time limits set.
(3) The technical inspection and emission measurement stations shall issue to the road vehicle holder a proof of the technical state of the road vehicle and an emission measurement document and a copy thereof shall be forwarded to the relevant transport inspector.
(4) The holder of a road vehicle shall present for technical inspection:
(a) a passenger car, a truck whose total weight does not exceed 3500 kg, a motorcycle, and their trailers, other than a non-braked trailer, whose total weight does not exceed 750 kg, not later than four years after the first registration of a road vehicle in the Czech Republic (hereinafter referred to as "registration of a road vehicle"), and then periodically no later than two years,
(b) a freight vehicle with a total mass exceeding 3500 kg, a special vehicle, a bus, a road vehicle with a right of priority, a training road vehicle of a driving school, a taxi service vehicle, a rental vehicle of a car for hire, and their trailers, other than an unbraked trailer, the total weight of which does not exceed 750 kg, not later than one year after registration of the road vehicle and not later than one year at the latest;
(c) a non-braked trailer whose total mass does not exceed 750 kg, a small motorcycle whose lifting capacity of a piston engine for the propulsion of a road vehicle does not exceed 50 cm3 or whose maximum design speed does not exceed 50 km.h-1, not later than six years after registration of the road vehicle and then periodically no later than four years;
(d) the tractor and its trailer no later than three years after the registration of the road vehicle and then periodically no later than three years thereafter.
(5) The holder of an imported road vehicle registered abroad shall present the road vehicle for technical inspection no later than the date of registration of the road vehicle and, thereafter, periodically no later than the time limits laid down in paragraph 4, by type of road vehicle, with the exception of the road vehicle referred to in paragraph 4 (a), which the road vehicle holder shall present at least two years after the first technical inspection.
(6) The time limit for the placing on the market of a road vehicle for a technical inspection referred to in points (a), (b), (c) and (d) of paragraph 4 and paragraph 5 shall be calculated from the date of registration of the road vehicle and from the date of completion of the technical inspection, as recorded in the technical certificate of the road vehicle.
(7) The holder of the road vehicle referred to in points (a), (b), (c) and (d) of paragraph 4 and in paragraph 5, with the exception of a trailer and an unbraked trailer, shall present the road vehicle for emission measurements within the time limits set for its technical inspection.
(8) If the holder of a road vehicle does not provide a technical inspection of the road vehicle and the measurement of emissions and does not provide a technical inspection and measurement of emissions within the prescribed time limit, the road vehicle shall become technically inoperable.
(9) The scope and manner of conducting roadworthiness tests and emission measurements, the conditions for assessing the result of the technical inspection and measurement of emissions, the method of marking the roadworthiness tests and measurement of emissions and the details of the road vehicle technical condition and the emission measurement document are laid down in the implementing regulation.
TECHNICAL CONTROL STANDING AND EMISSIONS MEASUREMENT STANDING
(1) A technical inspection station may be operated by a legal person authorised to carry out roadworthiness tests by a delegated authority. 4) The competent authority of the Region in whose territory the technical inspection station will carry out its activities shall be the authority responsible for deciding on the authorisation.
(2) The authority of the Region in the delegated field will not grant authorisation if the applicant is legally or economically linked to the production, sale or repair of road vehicles or parts thereof.
(3) In the decision on authorisation to carry out roadworthiness tests, the authority of the Region shall define, under the conditions of technical equipment, the types of road vehicles authorised by the Technical Inspection Station to carry out the roadworthiness tests and the date on which the technical inspection station begins its operation.
(4) To the extent laid down in the authorisation decision, the technical inspection centre shall have national competence.
(5) The details of the application for authorisation to carry out roadworthiness tests shall be laid down in the implementing act.
(1) The emission measurement station may be operated by a legal or natural person authorised to measure emissions by the county authority. 4) The competent authority to decide on the granting of an authorisation shall be the district office in whose territorial district the emission measurement station will operate.
(2) In the decision on the emission authorisation, the district office shall define the types of road vehicles authorised to measure emissions under the technical equipment conditions of the emission measurement station and the start date of the emission measurement station.
(3) The district office shall grant the authorisation referred to in paragraph 1 to legal or natural persons who comply with the conditions laid down in the implementing regulation.
(4) To the extent set out in the authorisation decision, the emission measurement station shall have a national scope.
(5) The requirements of the application for an emission measurement authorisation are laid down in the implementing regulation.
(1) Technical control stations and emission measurement stations are required at the start of operations to ensure that:
(a) only natural persons who, on the basis of prescribed teaching, receive a certificate of professional competence have performed work in carrying out roadworthiness tests and emission measurement;
(b) the technical equipment complies with the authorisation granted;
(c) the technical equipment used to carry out the roadworthiness tests and emission measurements complies with the requirements laid down in the specific Regulation, 5)
and to demonstrate to the authority of the Region in the delegated or district office that these conditions have been met within the period specified in the authorisation decision.
(2) The certificate of competence is issued by the Ministry. The method of teaching, the extent of expertise, the method of verification and the conditions of technical equipment shall be laid down in the implementing act.
(3) The technical inspection station shall ensure that it is not economically linked to the production, sale or repair of road vehicles or parts thereof throughout its operation.
The delegated authority shall withdraw the authorisation to carry out the roadworthiness tests and the district authority shall withdraw the emission measurement approval if:
(a) when carrying out roadworthiness tests or emission measurements, the obligations laid down by this law or implementing regulation are seriously violated;
(b) the technical inspections or measurements of emissions are not carried out to the extent specified in the approval;
(c) The Ministry has ordered the immediate cessation of technical inspections or measurement of emissions in the framework of the exercise of national professional supervision (§ 12).
STATE COMPETENT SUPERVISORY FOR STANICEMI TECHNICAL CHECKS AND STANICY EMISSIONS MEASUREMENT
(1) State expert supervision of technical control stations and emission measurement stations is carried out by the Ministry.
(2) The person responsible for the performance of the national professional supervision is to see whether the technical control station is authorised for the technical inspection, whether the emission measurement station is authorised for the measurement of emissions and whether these stations comply with the obligations laid down by this law.
(3) If the person responsible for the exercise of state professional supervision finds that the obligations laid down by this law have been infringed, he shall, where necessary and in the nature of the deficiencies identified, impose a method and a time limit to remedy those deficiencies and their causes. Other rights and obligations of persons in charge of state professional supervision shall be laid down in a separate regulation. 6)
Where, in the exercise of national professional supervision, a person finds serious defects in the operation of a technical control station or in the operation of an emission measurement station, he / she shall be entitled to order an immediate cessation of the technical inspection or measurement of emissions and shall inform the competent authority of the region of responsibility or district authority thereof; general administrative provisions shall not apply to the issue of this measure.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Procedure in matters governed by this law
(1) Proceedings in matters governed by this law shall be governed by the general rules on administrative procedures, (7) unless the various provisions of this law provide otherwise.
(2) Where a vehicle technical licence certificate on its first registration provides for a shorter period of validity than that laid down by the law, the transport inspector shall, at the request of the holder, adjust that date in accordance with the law without a technical inspection.
Transitional provisions
(1) Where the date of the next technical inspection is not stated in the certificate of a vehicle referred to in Article 6 (4) (a) and (d) and the time limit laid down in Article 6 (4) (a) and (d) has already expired since registration of the road vehicle, the holder of the road vehicle is obliged to present the road vehicle for the first periodic technical inspection within the time limit
(a) six months if the road vehicle was registered before 31 August 1978;
(b) one year if the road vehicle was registered between 1 September 1978 and 31 August 1985,
(c) 18 months if the road vehicle was registered between 1 September 1985 and 31 August 1991;
(d) two years, if the road vehicle has been registered after 1 September 1991, since the effectiveness of this law.
(2) Where the date of the next technical inspection is not stated in the certificate of a vehicle referred to in Article 6 (4) (b) and (c) and the time limit laid down in Article 6 (4) (b) and (c) for the technical inspection of a road vehicle has already expired since the registration of a road vehicle, the holder of the road vehicle is obliged to bring the road vehicle to the first periodic technical inspection within six months of the application of this law.
(3) The holder of the tractor and its trailer registered before the entry into force of this Act is obliged to present it for the first periodic technical inspection within two years from 1 July 1997.
(4) At the written request of the tractor or trailer holder for the tractor, the technical inspection and emission inspection shall be carried out at a location to be designated by the county authority in the delegated capacity or by the district office close to the tractor or its trailer.
(5) The holder of the road vehicle is obliged to bring the road vehicle to the first periodic emission measurement at the latest by the date of the first periodic technical inspection under this law.
(6) Emission measurements made prior to the application of this Act under the Specific Regulation (1) and the Implementing Regulation are considered to be the first emission measurements under this Act if they do not expire before the date of the first technical inspection under this Act.
(7) If, within the period referred to in paragraphs 1 or 2 and 3, the holder of a road vehicle does not show up for the first periodic technical inspection or for the first periodic emission measurement, the road vehicle shall become technically inoperable after the expiry of that period.
(8) The existing technical inspection and emission measurement stations shall comply with this Act and shall, within one year of the effectiveness of this Act, submit to the district authority an application for authorisation to carry out technical inspections or to measure emissions, otherwise they shall lose their authorisation to carry out them. Pending the decision to grant approval, such technical inspection and emission measurement stations shall be considered as eligible for technical inspection or emission measurement.
Act No 111 / 1994 Coll., on road transport, is amended as follows:
1. in Paragraph 3 (1), point (a) shall be deleted;
2. In Paragraph 38 (1), the words "by this law 'are replaced by the words" by a special law'.
Authorisation provisions
The Ministry shall issue legislation for the implementation of Articles 1 (1) and 2 (b), 2 (2) and 2 (3), 3 (1), 4 (3), 6 (8), 7 (5), 8 (3) and (5) and 9 (2).
This Act shall take effect on 1 July 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act), as amended.
2) § 85, 90 to 94 of Decree of the Ministry of Interior No. 145 / 1956 Ú. l., on road traffic, as amended by Decree No. 103 / 1978 Coll., Decree No. 69 / 1981 Coll. and Decree No. 34 / 1984 Coll.
3) Decree No. 145 / 1956 of the Ministry of the Interior Ú. l., as amended.
4) Sections 1 and 5 (4) of the ČNR Act No. 425 / 1990 Coll., on the District Offices, the modification of their scope and on certain other measures related thereto, as amended. § 13 (1) of the ČNR Act No. 418 / 1990 Coll., on the Capital City of Prague, as amended.
5) Act No. 505 / 1990 Coll., on Metrology, as amended.
6) Sections 2 (d) and 8 to 20 of Act No. 552 / 1991 Coll., on State Control, as amended by Act No. 166 / 1993 Coll.
7) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 38 / 1995 Coll., on Technical Conditions for Road Traffic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1995 |
|---|---|
| Effective from | 01.07.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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