Act No. 48 / 2016 Coll.
Act amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended and Act No. 200 / 1990 Coll., on infringements, as amended
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Effective from 20.02.2016
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48
THE LAW
of 13 January 2016
amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended, and Act No. 200 / 1990 Coll., on infringements, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Traffic Act
Act No. 361 / 2000 Coll., on the operation of roads and on the amendments to certain laws (Act No. 361 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll., Act No. 379 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 264 / 2008 Coll., Act No. 433 / 2006 Coll., Act No. 170 / 2007 Coll., Act No. 215 / 2007 Coll., Act No. 374 / 2007 Coll.
1. The following is added at the end of footnote 47:
"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. Commission Directive 2014 / 85 / EU of 1 July 2014 amending Directive 2006 / 126 / EC of the European Parliament and of the Council on driving licences. ';
2. In Article 2 (h), the words "trailer a 'are inserted after the words" non-motor vehicle is'.
3. In Article 2 (j), the words "or roller skates' are replaced by the words" roller skates or similar sporting equipment '.
4. In Article 2 (t), the words "other than two-wheel cycles' are deleted.
5. In Section 2, the dot at the end of point (mm) is replaced by a comma and the following point (nn) is added:
"(nn) a personal technical device is a passenger carrier with self-balancing equipment or similar equipment. ';
6. In Article 3, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) In addition, only a person who is competent to drive such vehicles under special legislation (4) or by decision of the competent authority of another Member State or of the Swiss Confederation may drive a motor vehicle classified in the group of vehicles C1, C1 + E, C + E, C + E, D1, D1 + E, D or D + E. The professional competence to drive a vehicle classified in any of the categories C1, C1 + E, C and C + E applies to the driving of a vehicle classified in any of these categories. The professional competence to drive a vehicle classified in either category D1, D1 + E, D and D + E shall apply to the driving of a vehicle classified in any of these categories.
(5) The condition of professional competence referred to in paragraph 4 shall not apply to a driver who is not a citizen of the Czech Republic, the Swiss Confederation or any other Member State and who does not carry out dependent work for an employer established in or on the territory of one of those States and who does not engage in business for a driver
(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 police of the Czech Republic, the municipal police, the prison service of the Czech Republic, the customs administration of the Czech Republic, the General Inspection of Security Corps and the intelligence services of the Czech Republic,
(c) vehicles of the Czech Fire Rescue Corps and fire protection units, the health rescue service provider and the State Material Reserve Administration,
(d) vehicles used in the provision of civil protection and mining rescue services;
(e) vehicles in test operation and in test run in connection with their repair and maintenance;
(f) vehicles used in the training and testing of the acquisition and improvement of professional competence of motor vehicle drivers under special legislation4);
(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; or
(i) agricultural and forestry tractors. ';
Paragraph 4 shall become paragraph 6.
7. In Article 5, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) to endanger a cyclist crossing the road on the crossing for cyclists;
(i) drive a vehicle on which are impurities, icing or snow which prevent vision from the driver's position forward, backward and sideways;
(j) to drive a vehicle on or on which there is ice which, when released, could endanger road safety. ';
8. in Article 6 (7) (c):
"(c) a driver's professional licence or similar document issued by another Member State or the Swiss Confederation, subject to Article 3 (4); this shall not apply if it has a record of professional competence on the driving licence;"
footnote 9 is deleted.
9. In Article 6, paragraphs 8 to 10 are deleted.
Paragraphs 11 and 12 shall become paragraphs 8 and 9.
10.Paragraph 6 (8) reads as follows:
"(8) The driver of a motor vehicle shall present the documents referred to in paragraph 7 at the request of a police officer, a military officer, a municipal police officer in uniform or a customs officer in uniform for inspection. ';
11. in § 6a (1) of the introductory part of the provision, the words "§ 6 (13)" are replaced by the words "§ 6 (9)."
12. The following Sections 6b and 6c are inserted after Section 6a:
(1) Where a dangerous defect is detected in the control of the technical condition of a vehicle or combination or in the clarification of a traffic accident which, because of its nature or scale, significantly increases the risk of road safety or the adverse environmental performance of the vehicle or combination, the officer shall withhold a vehicle registration certificate showing such a defect and issue a document to the driver or his operator, if present. A document of detention of a vehicle registration certificate shall be issued by the police officer even if the certificate cannot be detained because the driver does not carry it.
(2) In the document of detention of the vehicle registration certificate referred to in paragraph 1, the officer shall indicate:
(a) identification details of the vehicle registration certificate withheld;
(b) the defects identified in accordance with paragraph 1;
(c) an indication of whether the vehicle registration certificate has been retained during the inspection of the technical condition of the vehicle or the combination or in the clarification of the accident;
(d) the authority responsible for returning the vehicle registration certificate withheld;
(e) information on the consequences of the retention of the vehicle registration certificate and its conditions of return; and
(f) where the vehicle registration certificate could not be withheld because the driver did not carry it, an indication of that fact.
(3) The retained vehicle registration certificate shall be sent by the police, together with a copy of the document of detention without undue delay, no later than the following working day after the date of detention, to the municipal authority of the municipality with extended competence to enter the vehicle data in the register of road vehicles under special legislature38b) or to the Ministry, if not such an office. If the document of detention of the vehicle registration certificate is not issued in accordance with paragraph 1 to the vehicle operator, the police shall also send a copy of the document to the vehicle operator within the same time limit.
(4) If the vehicle registration certificate cannot be detained because the driver of the vehicle is not in possession of it, the vehicle operator shall submit the certificate within 5 working days of the date of issue of the document of detention or of the receipt of a copy of that document to the competent authority in accordance with paragraph 3. A police officer shall, in the exercise of his supervision of road safety and continuity, withhold a vehicle registration certificate which has not yet been surrendered and send it to the competent authority no later than the following working day; the person holding the certificate shall issue a document. If such a vehicle registration certificate is submitted for inspection by the municipal police officer, the officer shall be obliged to call the police and the driver shall remain on site until the arrival of the police.
(5) Paragraph 1 shall not apply to vehicles of the essential components of the integrated rescue system, of the armed forces, of the intelligence services and of the mountain service vehicles.
(6) Dangerous defects which, by reason of their nature or scope, significantly increase the risk to road safety or the adverse environmental performance of the operation of the vehicle or combination, and the model documents for the retention of vehicle registration certificates referred to in paragraphs 1 and 4, shall define the implementing legislation.
(1) The Office which has been sent or surrendered to the vehicle registration certificate retained pursuant to Article 6b (3) or (4) shall, at its request, return the vehicle registration certificate retained to the vehicle operator if the applicant proves by a technical inspection protocol that:
(a) the dangerous defects identified during the inspection of the technical condition of the vehicle or combination have been removed; or
(b) the vehicle is technically fit for use on the road if it is a dangerous defect detected during the clarification of the accident.
(2) If the Ministry has not received the application referred to in paragraph 1 within 30 days of the date of receipt of the vehicle registration certificate withheld, it shall send the certificate to the competent central authority of the State which issued the vehicle registration certificate.
(3) The technical inspection report proving the removal of defects for which the vehicle registration certificate has been retained shall replace the vehicle registration certificate retained for 5 working days. ';
13. In the last sentence of Article 12 (2), the words "vehicles and motorcycles' are replaced by the words" vehicles, motorcycles' and the words "and cyclists' are inserted after the words" 45 km.h-1 '.
14. In Paragraph 14, at the end of paragraph 1, the sentence "A lane cannot be reserved for motorcycles. 'is added.
15. In Paragraph 14, the following paragraph 5 is added:
"(5) Where a lane is marked with horizontal road signs as a bicycle lane, paragraphs 1 to 3 shall apply mutatis mutandis to cyclists and drivers of other vehicles. On a bicycle lane, the driver of another vehicle may also drive in the longitudinal direction unless the adjacent lane is sufficiently wide for that vehicle. When driving on a bicycle lane, the driver shall not endanger the cyclist driving in that lane. ';
16. in Paragraph 18 (9), the words "the provisions of paragraphs 3, 4 and 8" shall be replaced by the words "the maximum permissible speed referred to in paragraphs 3, 4 and 8 and the maximum permissible speed provided for by local or transitional road traffic arrangements";
17. in Article 21 (5) and (6), the words "and cyclists driving in the bicycle lane" shall be inserted after the words "lane reserved."
18. in Paragraph 27 (1), the words "and bicycle lane" shall be added at the end of the text of point (i).
19. In Article 27, the following paragraph 6 is added:
"(6) The prohibition of stopping and standing referred to in paragraph 1 shall not apply to drivers of vehicles of safety corps, armed forces and military intelligence in the performance of their duties, drivers of a municipal police vehicle in the exercise of its competence and drivers of vehicles of fire protection units, medical emergency services and mountain services in the management of emergencies. The driver of this vehicle shall be obliged to take the necessary measures at the time of stopping and standing so as not to jeopardise or mitigate as far as possible the safety and continuity of road traffic. ';
20. The group title above Paragraph 39 reads:
"Operation in residential, pedestrian and cycling zones."
21. The following Paragraph 39a is inserted after Paragraph 39:
(1) The cyclist zone is an area the beginning of which is marked with the sign "Zone for cyclists" and the end is marked with the sign "End of the zone for cyclists."
(2) In the cycling zone cyclists may use the whole width of the road, not covered by Section 57 (2) and (3).
(3) Vehicles other than bicycles shall be allowed to enter the cycling zone only if they are marked at the bottom of the transport mark referred to in paragraph 1.
(4) In the cycling zone, the driver may drive at a speed not exceeding 30 km.h-1. In doing so, they must take care of increased consideration for cyclists which they must not jeopardise; if necessary, stop the vehicle. Standing is only allowed in places marked as a parking lot.
(5) In the cycling zone, cyclists must allow motor vehicles to travel. '
22. § 40 reads:
(1) Unless otherwise provided for in this Section, the other provisions of this Act apply to operations in residential, pedestrian and cycling zones.
(2) Where cyclists are allowed to enter the pavement or pedestrian path, the provisions of paragraphs 5 and 7 of Section 39 shall apply mutatis mutandis for their movement. '
23. in Paragraph 41 (2) (e):
"(e) used by the Fire Department of the Czech Republic or by fire protection units which are not part of the Fire Department of the Czech Republic,"
24th Paragraph 45 (4) reads:
"(4) Where a vehicle is an obstacle to traffic on the road, the removal of the vehicle shall be decided by a police officer or an officer of the municipal police, taking into account the motorway, shall ensure the removal of the vehicle at the call of the police officer by one of the persons referred to in paragraph 1; the vehicle shall be removed to the cargo of its operator. ';
25. In Paragraph 52, the following paragraph 8 is inserted after paragraph 7:
"(8) The consignor shall transmit the cargo for transport in such a condition and in such a way as to enable the loading, loading and attachment requirements referred to in paragraphs 1, 2 and 7 to be met. ';
Paragraph 8 shall become paragraph 9.
26. In Article 53, the following paragraph 9 is added:
"(9) If a pedestrian moves outside the municipality at reduced visibility along a roadside or along the edge of the road in a place which is not illuminated by public lighting, he shall be obliged to wear elements of retroreflective material placed on him so as to be visible to other road users. ';
27. in Paragraph 57 (1), the words "reserved lane for cyclists" shall be inserted after the words "lane for cyclists."
28. In Paragraph 57 (2), the word "road 'is replaced by" road'.
29. In Paragraph 57, the sentence "This shall not apply if the vehicle turns to the right and gives a sign of a change in direction 'is added at the end of paragraph 4.
30. In Article 57, at the end of paragraph 5, the sentence "Where a combined crossing for pedestrians and cyclists with other roads is established at the point of crossing for pedestrians and cyclists, the provisions governing the behaviour of such users at the crossing for pedestrians and cyclists shall apply mutatis mutandis. '
31. in Paragraph 57 (7), the word "fare" shall be replaced by the words "reserved fare."
32. in Paragraph 57 (7), "3, 5 and 6" is replaced by "2, 3, 5 and 6."
33. In the first sentence of Paragraph 57 (8), the words "to change 'are replaced by the words" to change suddenly'.
34. After Paragraph 60, the following Section 60a is inserted:
Use of personal transporter
(1) On a passenger carrier with a self-balancing device or similar technical device (hereinafter referred to as the "passenger carrier '), it is possible to move at a maximum speed comparable to the walking speed on the sidewalk, pedestrian path and cyclists or on a separate lane for pedestrians and cyclists or on pedestrian and residential zones. Paragraph 54 (2) to (4) shall apply mutatis mutandis for road crossing on a passenger carrier. If a traffic or pedestrian crossing is closer than 50 m, the person on the passenger carrier may only cross the road in such places. Paragraph 55 shall apply mutatis mutandis to the crossing of a railway crossing on a passenger carrier.
(2) Article 57 (2), (3) and (8) and Article 73 shall apply mutatis mutandis for the use of a lane reserved for cyclists, cyclists or separate lanes for cyclists on the pedestrian path and cyclists.
(3) Where there is no sidewalk, pedestrian path, pedestrian and cyclists path, bicycle lane or bicycle path, or where the sidewalk is impassable, the person on the passenger carrier may move along the left side or as close as possible at the left side of the road. In such cases, persons on a passenger carrier may only move individually; Article 53 (9) shall apply mutatis mutandis.
(4) A person on a passenger carrier must not endanger pedestrians or cyclists on the sidewalk, the pedestrian path, the pedestrian path and the cyclists, the lane reserved for cyclists or the path for cyclists, or on pedestrian and residential areas. Paragraph 5 (2) (f) to (h) shall apply mutatis mutandis when crossing the road on a passenger carrier.
(5) The municipality may, by regulation, define in its territory the places where the operation of a passenger carrier on the sidewalk, the pedestrian path, the pedestrian path and the cyclists, the separate pedestrian lane on the pedestrian and cyclists path, the pedestrian and residential areas or the road path is prohibited.
(6) In the case of the delineation of the territory of the place where the operation of a passenger carrier on the sidewalk, the pedestrian path, the pedestrian path and the cyclists, the separate lane for pedestrians and cyclists, the pedestrian and residential areas or the road is prohibited, the municipality is obliged to mark the territory with a transport mark.
(7) The ban on the operation of a passenger carrier imposed by the municipal order shall not apply to the Police of the Czech Republic and the municipal police in the performance of their duties; However, a person using a passenger carrier shall not be obliged to endanger safety and continuity on the road. ';
35. In Paragraph 79, at the end of paragraph 1, the dot is replaced by a comma and the following points (m) and (n) are added:
"(m) whoever is mentioned in the authorisation of the special use of infrastructure consisting of the organisation of sporting, cultural, religious, entertainment or similar events under the Road Act, has reached the age of 18,
(n) he who is mentioned in the authorisation of special use under the Road Act as accompanying the transport of particularly heavy or large objects. ';
36. in Paragraph 79, the following paragraph 8 is inserted after paragraph 7:
"(8) The person referred to in points (m) and (n) of paragraph 1 shall carry, in the exercise of his authorisation, a copy of the special use permit in which he is identified as responsible for the specific use of the infrastructure or as accompanying him in the transport of particularly heavy or large objects and shall be marked in a visible manner. Upon request, this person shall be required to prove to the officer a copy of the permit for special use. ';
Paragraph 8 shall become paragraph 9.
37. in Paragraph 79 (9), "(i) and (j)" shall be replaced by "(i), (j), (m) and (n)";
38. in Paragraph 81 (1), point (c) is deleted;
Points (d) to (j) shall be renumbered (c) to (i).
39. in Paragraph 83 (6) (b) of the Introductory Part of the provision, the words "if he holds a driver's licence" shall be replaced by "if he is professionally competent."
40. In Paragraph 84 (2), the words "(hereinafter referred to as the" Opinion ')' are deleted.
41.In Paragraph 86 (6) (b) (2):
"2. to the basic extent that the driving licence for categories D and D + E and its holder has reached the age of 23 years, or, if the vehicle is driven by regular passenger transport and the line does not exceed 50 km, 21 years."
42.In Paragraph 87a (6):
"(6) The Ministry shall withdraw accreditation to carry out a transport psychological examination if the holder does not fulfil the condition for granting it referred to in paragraph 5 (b). (d) or has repeatedly or in a particularly serious way infringed its obligation under this law relating to the activity of the accreditation holder. ';
43. the following Sections 87b and 87c are inserted after Section 87a:
(1) Transport psychological examinations shall identify the mental fitness to drive motor vehicles (hereinafter referred to as "psychological fitness').
(2) The person undergoing the transport psychological examination referred to in Section 87a (3) shall submit medical examinations to a psychologist who is not more than 30 days old.
(3) The psychologist shall give a written opinion on the outcome of the transport psychological examination carried out. It shall be clear from the conclusion of the assessment whether the person assessed is mentally fit to drive a motor vehicle, psychologically fit to drive a motor vehicle with a condition or mentally unfit to drive a motor vehicle. The same copy of the opinion shall be sent by the psychologist within 5 working days of the date of the examination to the municipal authority of the municipality with extended scope competent according to the usual residence or place of study of the person under assessment.
(4) The psychologist shall keep a record of the transport psychological examinations carried out, in which he shall record at least the name, surname, address and home address of the person under consideration, or the date of birth, if the birth number has not been assigned to him, the date and time of the start and completion of the transport psychological examination, the documents and records of the course and results of the transport psychological examination, a copy of the opinion issued and, where appropriate, the details of a copy of the opinion to the municipal authority with extended scope. The data, documents and records of the transport psychological examination shall be recorded for at least 5 years from the date of its completion.
(5) The scope, content and manner of carrying out the transport psychological examination and the model for the assessment of the result of the transport psychological examination are laid down in the implementing legislation.
(1) If, according to the opinion given on the outcome of the transport psychological examination, the person is mentally fit to drive a motor vehicle with the condition or mentally unfit to drive a motor vehicle, the transport psychological examination carried out before the expiry of 3 months from the date of issue shall not be taken into account, except for the review of the opinion issued.
(2) If the person concerned does not agree with the conclusions of the assessment of the result of the transport psychological examination, he may submit a proposal to the Ministry within 10 working days of its issue. The Ministry shall, within 15 working days of the receipt of the review proposal, designate a panel of 3 accredited psychologists to examine the traffic psychological examination carried out and confirm or issue a new opinion. A psychologist who has issued the peer review report may not be a member of the Commission.
(3) The psychologist who issued the peer review report shall submit to the Commission, at the request of the Ministry, all data, documents and records of the transport psychological examination carried out within 5 working days of the date of receipt of the request. The Commission shall examine the cross-border psychological examination carried out within 10 working days of the date of transmission of the supporting documents. If, on the basis of the evidence submitted, it is not possible to assess the psychological fitness of the person under consideration, the panel shall carry out a new transport psychological examination to the extent necessary.
(4) If the obligation to transmit the supporting documents referred to in paragraph 3 has not been fulfilled, the Commission shall carry out a new psychological examination within a review within 10 working days of the expiry of the deadline for the transmission of the supporting documents.
(5) The costs of reviewing the assessment of the result of the transport psychological examination are borne by the person under consideration. The cost of the transport psychological examination referred to in paragraph 4 shall be borne by the psychologist who issued the opinion reviewed. ';
44. in Article 90 (2) (b), the words "D + E," shall be inserted after the words "B, B + E, C + E, C1 + E, D";
45. in Paragraph 92 (7), the words "paragraph 1" shall be deleted;
46. In Paragraph 102 (6), the word "health 'is replaced by" psychological'.
47. in Article 118a (1), point (h) is replaced by the dot and point (i) is deleted;
48. In Paragraph 119, at the end of paragraph 2, the dot is replaced by a comma and the following point (t) is added:
"(t) records of transport psychological examinations carried out.";
49. In Section 123, the words "and the central register of road accidents' are deleted.
50. Paragraph 123 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
51. in Article 123 (4), the words', details' shall be replaced by 'and details' and the words' and the manner in which the documents are to be transferred to the central register of road accidents' shall be deleted. ';
52. in Article 123d (3), the words "submission of a medical opinion, including a transport psychological examination," shall be replaced by the words "proof of medical and psychological fitness."
(53) In Article 123f (4), the words "If the driver objects to the record made, which has reached a total of 12 points" shall be replaced by the words "If the driver objects to the record made after the total number of 12 points has been reached."
54. Paragraph 124 (8) reads:
"(8) The Ministry of the Interior is working with the Ministry in implementing road safety prevention."
55. in § 124 (10) (j):
"(j) decide to remove a vehicle if it is an obstacle to road traffic, in accordance with the procedure laid down in Article 45 (4), or vehicles which are illegally parked in a reserved parking lot;"
56. in § 124 (10) (l), "under § 125a" is replaced by "under § 124a";
57. In Section 124, at the end of paragraph 10, the dot is replaced by a comma and the following points (m) and (n) are added:
"(m) retain the registration certificate referred to in Article 6b;
(n) provide the vehicle or vehicle registration certificate referred to in Article 124c. ';
58. The following Sections 124a to 124c are inserted after Section 124, including the headings:
Bail collection
(1) A police officer is entitled to collect a bail ranging from CZK 3,500 to CZK 50,000 from a driver who is suspected of committing an infringement under this law if there are reasonable grounds for suspecting that an infringement procedure will be avoided or that any enforcement of the fine imposed would be associated with disproportionate costs or would be impossible.
(2) The amount of the deposit may not exceed the maximum amount of the fine which may be imposed for the offence.
(3) When selecting a bail, the police shall instruct the driver of the purpose of the deposit and the conditions for its repayment and issue in 3 copies a written confirmation of the deposit stating the reason for the deposit, its amount and the administrative authority responsible for conducting the infringement proceedings.
(4) The police officer shall keep 1 copy of the certificate of deposit for the police record purposes, 1 copy to the driver and 1 copy to the administrative authority responsible for conducting the infringement proceedings at the latest on the following working day.
(5) Bail cannot be collected from a person
(a) enjoying immunity and privileges under law or international law;
(b) the conduct of which has the characteristics of an offence shall not be dealt with under the law on offences;
c) Suspected of committing an offence if the maximum amount of the fine for that offence is not at least CZK 5,000.
Repayment, netting and forfeiture of bail
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Regulation Information
| Citation | Act No. 48 / 2016 Coll., amending Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended, Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and on amending certain laws, as amended, and Act No. 200 / 1990 Coll., on infringements, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.02.2016 |
|---|---|
| Effective from | 20.02.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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