Decree of the Ministry of Transport and Communications No. 478 / 2000 Coll.
Decree of the Ministry of Transport and Communications implementing the Road Transport Act
Valid
Order
Effective from 29.12.2000
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478
DECLARATION
Ministry of Transport and Communications
of 14 December 2000
implementing the Road Transport Act
The Ministry of Transport and Communications provides, pursuant to § 41 (2) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll. and Act No. 150 / 2000 Coll., hereinafter referred to as "the Act ':
Details of the cargo document
[K § 3 (b) of the Act]
(1) In the case of road transport operations for hire or reward, the proof of cargo shall include:
(a) the name and, where appropriate, the name and surname, business name or name of the carrier, its registered office and identification number;
(b) the registration number of the vehicle carrying the load;
(c) the name, names and surname, business name or name of the person ordering the shipment;
(d) the name and, where appropriate, the name and surname, business name or name of the person to whom the load is intended;
(e) the type and weight of the load;
(f) the place and date of loading; and
(g) place and estimated date of landing.
(2) In the case of road transport operations for own use, the proof of cargo shall include:
(a) the name and, where applicable, the name and surname, business name or name of the carrier, its registered office and identification number; and
(b) the type and weight or quantity of the load.
Means of recording data on vehicle driving time, safety breaks and rest periods for shipments referred to in Section 3a (3) of the Act
(K § 3a (8) of the Act)
(1) When keeping a record of the driving time, safety breaks and rest periods referred to in Article 3a (6) (a) (1) of the Act, a vehicle equipped with a digital tachograph as referred to in Article 2 (h) of the directly applicable European Union tachograph regulation in road transport1 (hereinafter referred to as the "digital tachograph ') shall be used for a non-applicable mode (OUT) 4) which shall be entered in the digital tachograph before the start of transport.
(2) In the case of a vehicle equipped with an analogue tachograph as referred to in Article 2 (g), the directly applicable European Union tachograph on road transport1 ("the analogue tachograph ') shall be manually indicated on the record sheet before the start of the transport operation (OUT) 4), indicating the time when the tachograph is started. Immediately after the end of the off-duty mode (OUT) 4), the record sheet shall indicate the time of the end of the transport by hand.
(3) When keeping a record of the driving time, the safety breaks and rest periods referred to in Article 3a (6) (a) (2) of the Act by hand or by other recording equipment shall be indicated:
(a) prior to the start of the shipment:
1. the name and, where applicable, the name of the driver of the vehicle,
2. the registration number of the vehicle to which the transport is carried; and
3. the location, date and state of the vehicle's mileage counter at the start of the recording;
(b) on completion of transport, the location, date and condition of the vehicle's mileage counter at the end of the recording;
(c) whenever the mode of action is changed, an indication of the driving time, safety breaks or rest periods.
Means of recording data on vehicle driving time, safety breaks and rest periods for shipments referred to in Section 3a (5) of the Act
(K § 3a (8) of the Act)
(1) When keeping a record of the driving time, safety breaks and rest periods referred to in Section 3a (7) (a) (1) of the Act, a mode (OUT) 4) shall be used for vehicles equipped with a digital tachograph, which shall be entered in the digital tachograph before the start of transport.
(2) In the case of a vehicle equipped with an analogue tachograph on the record sheet before the start of the transport, the procedure outside the scope (OUT) 4) shall be indicated by hand when keeping a record of the driving time, safety breaks and rest periods referred to in Article 3a (7) (a) (1) of the Act. Immediately after the end of the off-duty mode (OUT) 4), the record sheet shall indicate the time of the end of the transport by hand.
(3) When keeping a record of the driving time, the safety breaks and rest periods referred to in Section 3a (7) (a) (2) of the Act by hand or by other recording equipment shall be indicated:
(a) prior to the start of the shipment:
1. the name and, where applicable, the name of the driver of the vehicle,
2. the registration number of the vehicle to which the transport is carried; and
3. the location, date and state of the vehicle's mileage counter at the start of the recording;
(b) on completion of transport, the location, date and condition of the vehicle's mileage counter at the end of the recording;
(c) whenever the mode of action is changed, an indication of the driving time, safety breaks or rest periods.
(4) When keeping a record of the driving time, safety breaks and rest periods referred to in Article 3a (7) (a) (2) of the Act, by hand or by other recording equipment in public regular passenger transport, where the length of any of the connections does not exceed 50 km, the carrier may, instead of the record referred to in paragraph 3, keep a simplified record of the driving time, safety breaks and rest periods in which the driver indicates the deviations of the actual traffic performance from the model record of the driving time, safety breaks and rest periods, processed in public regular passenger transport following the approved timetable, or indicate that the deviations have not occurred. In the case of keeping a simplified record of the driving time, safety breaks and rest periods, the relevant model record of the driving time, safety breaks and rest periods shall be available in the vehicle, to which reference is made in the simplified record of the driving time, safety breaks and rest periods.
Method of keeping a record of the duration of the activities in respect of shipments under Section 9b of the Act
(K § 9b (4) of the Act)
A road transport operator operating large vehicles shall keep records of the duration of the activities referred to in Article 9b (1) of the Act in the manner and with the formalities laid down by the directly applicable European Union tachograph regulation in the road transport1).
Professional competence
(K § 8a of the Act)
Test composition procedure
(1) The dates of the tests shall be determined by the Transport Authority.
(2) The examination committee shall decide by vote. The decision shall be taken if the majority of the members of the examination committee vote for it.
(3) Before the start of the test, a member of the test committee shall verify the identity of the test subject according to his identity document. If the tested person fails to demonstrate his identity, he cannot pass the test.
(4) During the test, those items whose use during the test would be contrary to its purpose cannot be used. The test committee shall exclude the test subject who used or disturbed such items from the test and record it in the test progress report.
(5) The report on the conduct of the test includes:
(a) the name and, where appropriate, the name, surname, date of birth and address of the place of permanent residence and, where appropriate, the usual residence of each tested person;
(b) the time of start and end of the test for each tested;
(c) written tests and case studies submitted, including their scores;
(d) the test result for each test; and
(e) the names, surnames and signatures of all members of the Examination Committee.
Test evaluation
(1) The test consists of 2 parts, which are a test and a case study.
(2) The test consists of a total of 60 questions to include questions from each field referred to in point I of Annex I to Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the mandatory conditions for the pursuit of the occupation of road transport operator and repealing Council Directive 96 / 26 / EC. For each of the fields listed under points A, C, F and G of Annex I (I) to Regulation (EC) No 1071 / 2009 of the European Parliament and of the Council, the test shall contain 10 questions, the correct answer to each of these questions being evaluated by 2 points. Of the remaining subjects, the test must contain a total of 20 questions, the correct answer to each of these questions being evaluated by 1 point. A total of 100 points may be reached for the test, at least 50% of the total number of points must be achieved for the successful test.
(3) For case studies, the panel assesses the accuracy and completeness of its processing by assigning points between 0 and 100 points. For the successful composition of this part of the test, at least 50% of the total number of points shall be achieved.
(4) The result of the whole test shall be assessed by the degree "benefit 'or" benefit'. The test benefited from a test that successfully passed the test and case study and reached at least 60% of the total number of points per test and case study. The test excluded from the test referred to in Paragraph 8 (4) shall be evaluated by the "non-profit 'grade.
Repeating the test
(1) If the test has failed, the test may be repeated at any time.
(2) In the event that the test has failed, but for a part of the test it has reached at least 50% of the total number of points, it shall only repeat the remaining part of the test, but no later than 6 months after the date on which it passed the test. After this period, only the complete test may be repeated.
(3) The test, which has reached at least 50% of the total number of points available for both parts of the test but has not reached 60% of the total number of points available for both parts of the test, repeats the test by choosing which part of the test will be repeated. In this way, the test may be repeated no later than 6 months after the date on which the test was so unsuccessful. After this period, only the complete test may be repeated.
Taxi service
(Articles 21 (9) and 21c (4) of the Law)
Registration sticker of the taxi service vehicle
(K § 21a (8) of the Act)
(1) The registration sticker of the cab vehicle (hereinafter referred to as the "registration sticker") has the shape of a circle with a diameter of 90 mm yellow colour with a black border. The sticker is equipped with a flat protective cover.
(2) On the front of the registration sticker visible from the outside of the vehicle are these elements
(a) the logo of the Ministry of Transport (hereinafter referred to as the Ministry), printed optically variable colour,
(b) the symbol of the cab vehicle;
(c) the serial number of the registration sticker in a clear rectangular field;
(d) bounded by a two-row chess bar consisting of black squares of size 8 x 8 mm,
(e) the inscription "VEHICLE TAXISLUSBY."
(3) On the back of the registration sticker visible from the inside of the vehicle are these elements
(a) the symbol of the cab vehicle;
(b) the serial number of the registration sticker visible to the mirror reverse;
(c) bounded by a two-row chess bar consisting of black squares of size 8 x 8 mm,
(d) the box for registration of the vehicle registration plate by the Transport Authority;
(e) the box for recording the identification number of the carrier by the transport authority.
(4) The registration sticker shall be glued directly to the inside of the clear glass of the front window of the vehicle on the lower right edge so that the driver's view from the vehicle is as limited as possible and the registration sticker is clearly visible from the outside of the vehicle.
(5) If the vehicle is not fitted with a windscreen, the registration sticker shall be glued directly to the right front of the vehicle, firmly connected to its supporting parts. The registration sticker shall be so placed that it is controllable and protected from direct spray caused by the wheels of the vehicle.
(6) The model of the registration sticker is set out in Annex 1 to this Order.
Details of transport record, transport document and transport certificate
(1) The record of transport contains:
(a) the serial number of the transport record;
(b) the type and production number of the taximeter;
(c) the name and, where applicable, the name, surname, business name or name, and the identification number of the carrier person;
(d) the registration number of the vehicle in which the transport is carried;
(e) the date of transport;
(f) start time and end time of transport;
(g) the place of departure and destination;
(h) number of kilometres travelled during transport;
(i) the rates applied, including all sub-items of which the rates are composed;
(j) the price charged for the transport provided, including the indication of all the ingredients on which that price is composed;
(k) the name and, where applicable, the name of the driver; and
(l) the driver's signature.
(2) The transport document shall contain the particulars referred to in paragraph 1. In the case of a taxi service, the passenger's vehicle shall include the transport document number of the document and the particulars referred to in paragraph 1 (c) to (g) and (j) to (l).
(3) The particulars referred to in paragraph 1 (g), if not printed by a taximeter printer, shall be added by the driver to the transport record and to the transport document by hand.
(4) The certificate of transport contains:
(a) the registration number of the transport certificate;
(b) the name and, where applicable, the name, surname and, where applicable, the business name or name, and the identification number of the person of the taxi agent and the indication that he is an intermediary when the transport is facilitated by the taxi agent;
(c) the name and, where applicable, the name, surname, business name or name, and the identification number of the carrier person;
(d) the registration number of the vehicle in which the transport is carried;
(e) the date of transport;
(f) the time at which the shipment begins and ends;
(g) the place of departure and destination;
(h) the final price for transport;
(i) the name and, where applicable, the name and surname of the driver.
Forms of the taximeter book
The taximeter book contains
(a) the name and, where appropriate, the name, surname, business name or name, and the identification number of the carrier's person;
(b) the registration number of the taxi vehicle;
(c) the type and production number of the taximeter,
(d) records of set rates and constants;
(e) records of entries into the taximeter;
(f) the stock records of the taximeter register by an entity registered under the special legislation6) which has corrected or installed the taximeter;
(g) records of the verification of taximeter in accordance with the Specific Law (6); and
(h) records of the status of the taximeter register in accordance with the Special Act (6).
Method of proper taximeter operation
(1) At the time when a taxi service vehicle is used to operate a taxi service, unless it is a taxi service pursuant to § 21 (5) and (6) of the Act, the driver shall ensure that the meter is switched on in the "FREE" position. At the start of transport, the driver shall switch the meter from the "FREE" position to the "CONTAINED" position and, at the end of the transport, he shall switch the meter from the "CONTAINED" position to the "LOW" position and print the transport record without delay. After printing the transport record and the transport document, if requested by the passenger, the driver shall switch the meter from the working position "RUNNING 'to the working position" FREE'.
(2) At a time when the taxi service vehicle is used for a purpose other than the taxi service, the carrier shall ensure that the taximeter is not in the working position of "FREE," "CONTAINED" or "CURRENT."
Taxi driver's card
The model of the taxi driver's licence is set out in Annex 2 to this Decree.
Order record details
(Paragraph 21f (1) of the Law)
The order log contains
(a) the name, surname, business name or name, place of business or registered office, and the identification number of the carrier's person on occasional passenger road transport;
(b) the registration number of the order,
(c) the date and time of receipt of the order;
(d) the name, surname and signature of the person who received the order;
(e) the name and surname, address of residence and identification number of the person, if any, if the client is a natural person or a commercial firm or, where appropriate, the name, registered office and identification number of the person, if the client is a legal person,
(f) date and time of transport,
(g) the place of departure and destination; and
(h) the names and surnames and, where appropriate, other definitions of the persons carried.
Transport of dangerous goods
(Paragraph 22 (5) of the Law)
(1) The delegation of legal or natural persons to activities relating to the implementation of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) 8 (hereinafter referred to as "the Agreement") shall be granted by the Ministry, on request, on the basis of proof of compliance with the conditions laid down by the Ministry for the activity in question.
(2) The delegation shall be for a fixed period of not more than five years and shall lay down the conditions for the pursuit of the activity. It may be extended for a maximum period of 5 years before the expiry of the mandate.
(3) The Ministry exercises oversight over the activities entrusted to it. Such supervision shall be carried out in a uniform manner with respect to persons entrusted with the same activity, in the form specified in the mandate.
(4) The Ministry may withdraw the delegation if the delegate does not comply with the terms of the mandate or agreement provided for.
Security advisers for the transport of dangerous goods
(1) The obligations of legal and natural persons with regard to safety advisers for the transport of dangerous goods by road (hereinafter referred to as "safety advisors"), as set out in the Agreement, do not apply to persons whose activities relate to quantities of dangerous goods carried in each transport unit which are less than the limits in the Agreement, Annex A, Part 1, Chapter 1.1, Subsection 1.1.3.6, Chapter 1.7, Subsection 1.7.1.4, Part 3, Chapters 3.3, 3.4 and 3.5.
(2) Only a natural person with a valid certificate of competence of a safety adviser issued in the Czech Republic or in a Member State of the European Union may act in accordance with the Agreement. This certificate is subject to the completion of the training provided for in § 17a and the successful passing of the examination provided for in § 17b.
Training of security advisers
The training of security advisers shall comply with the content given in Annex A, Part 1, Chapter 1.8, Subsection 1.8.3.9 of the Agreement. Such training shall include the general part which contains the knowledge necessary for all safety advisors and one or more specific parts by type of dangerous goods for which the safety adviser will be designated. These specific parts are:
(a) classes 2, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8 and 9 of dangerous goods;
(b) Class 1 of dangerous goods,
(c) Class 7 of dangerous goods.
Tests of safety advisers
(1) The tests of safety advisers, both for obtaining the certificate and for extending the validity thereof, shall be organised by the Ministry or by the authorised person in accordance with Annex A, Part 1, Chapter 1.8. The Ministry shall appoint and dismiss a three-member examination committee, which shall act by a majority of the votes, and the Ministry shall also approve a test order which shall be published in a manner which allows remote access. The test schedule shall specify in particular the cases where the written examination must be supplemented by an oral examination and the method of evaluation of the whole test.
(2) The applicant shall submit an application for the examination of security advisors to the Ministry or to a person authorised by the Ministry whose name and surname, business firm or legal person the Ministry shall publish in a manner that allows remote access. The Ministry will also publish the address at which applications will be accepted.
(3) Upon receipt of the application, the Ministry or the person authorised by the Ministry shall inform the applicant of the date and place of the examination and shall determine how the costs of the safety advisers' examinations are to be paid.
(4) The costs associated with the organisation of the tests shall be borne by the applicant for the security adviser's certificate. The reimbursement of the costs of the examination of safety advisers shall be determined on the basis of the cost effectively incurred for the organisation of such tests.
(5) The condition for admission to the test of safety advisers is to complete the training provided for in Section 17a and to demonstrate the identity of the candidate.
(6) In the event that the candidate failed the test, the whole or part of the examination in which he failed may be repeated only once, without the completion of a new training course. Further repetition of the test is possible after new training. In the event that the tenderer has failed the test for the renewal of the certificate, he may only repeat it once and at the latest until the expiry date of the certificate.
Certificate of competence of a safety consultant
(1) On the basis of the successful completion of the examination, the Ministry shall issue a certificate of competence of a safety consultant, which shall be valid for 5 years from the date of issue. This certificate, issued in accordance with the model in Annex A, Part 1, Chapter 1.8, Subsection 1.8.3.18 of the Agreement, shall indicate the type of transport and the types of dangerous goods for which the safety adviser is competent.
(2) The Ministry shall, upon application, extend the validity of the certificate by 5 years if its holder has passed the examination referred to in Article 17b during the last year before its expiry.
Drivers of vehicles carrying dangerous goods
The driver of a vehicle carrying dangerous goods may only be the holder of a valid certificate of training the driver of a vehicle carrying dangerous goods. This certificate is subject to completion of training under § 17e and successful examination under § 17f.
Training for drivers of vehicles carrying dangerous goods
The training of drivers of vehicles carrying dangerous goods shall comply with the requirements set out in Annex B, Part 8, Chapter 8.2 of the Agreement. This training shall include the essential part which contains the knowledge necessary for all drivers of vehicles carrying dangerous goods and may include one or more specialisation parts according to the types of dangerous goods that the driver will carry. These specialisation sections are:
(a) the transport of dangerous goods in tanks;
(b) the transport of Class 1 substances and articles of dangerous goods;
(c) the transport of radioactive substances in Class 7 of dangerous goods.
Tests on drivers of vehicles carrying dangerous goods
(1) The tests of drivers of vehicles carrying dangerous goods, both for obtaining the certificate and for extending the validity thereof, shall be organised by the Ministry or by a person authorised by it in accordance with Annex B, Part 8, Chapter 8.2, Subsection 8.2.7 of the Agreement. The Ministry shall appoint a Examination Commissioner and approve a Test Order which shall be published in a manner which allows remote access.
(2) The applicant shall submit an application for the test of drivers of vehicles carrying dangerous goods to the Ministry or to a person authorised by the Ministry whose name and surname, business firm, or the name of the Ministry in a way that allows remote access. The Ministry shall publish the address to which applications will be accepted in a way that allows remote access.
(3) Upon receipt of the application, the Ministry or the person authorised by the Ministry shall inform the applicant of the date and place of the examination.
(4) The requirement to allow drivers of vehicles carrying dangerous goods to be tested is to complete the training provided for in Section 17e and demonstrate the identity of the candidate.
(5) In the event that the candidate has failed the test, the whole exam or the specialisation section in which he has failed may be repeated only once, without having completed a new training course. Further repetition of the test is possible after new training. In the event that the tenderer has failed the renewal test, he may only repeat it once, at the latest by the expiry date of the certificate.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 478 / 2000 Coll., implementing the Road Transport Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 29.12.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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