Decree No. 522 / 2006 Coll.
Decree on state professional supervision and controls in road transport
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Order
Effective from 15.12.2006
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522
DECLARATION
of 13 November 2006
on State professional supervision and controls in road transport
The Ministry of Transport provides, pursuant to Article 41 (2) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 150 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 229 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 411 / 2005 Coll., Act No. 226 / 2006 Coll., (hereinafter "Act ') for the implementation of § 34 (3) and § 38a Paragraph 4 of the Act:
This decree implements the relevant European Union2 regulations, building on the directly applicable European Union2a regulation) and regulates the uniform procedures, system and subject matter of checks and state professional supervision in road transport (hereinafter referred to as "control ') and sets out the model of the service uniform of the Road Transport Inspection and the model of the special colour and marking of the service vehicle of the Road Transport Inspection.
General provisions
(1) The Authority of the Police of the Czech Republic, the Transport Authority or the Inspection of Road Transport (hereinafter referred to as the "Control Authority") carries out an inspection
(a) on the road (3) or at any other appropriate place outside the premises of the carrier (hereinafter called "road inspection"); and
(b) at the premises of the carriers and of all premises related to the carrier's activities carried out and in the transport of dangerous goods by an entity transmitting dangerous goods for transport and an entity supplying the unloading of dangerous goods (hereinafter referred to as "inspection at the premises").
(2) The control authority shall:
(a) in the case of a controlled vehicle equipped with a recording device as referred to in Article 2 (2) (h), a directly applicable European Union tachograph regulation (1) (hereinafter referred to as the "digital tachograph"), a control card enabling the control authority to make available the data from the digital tachograph and a digital signature control device in accordance with the directly applicable European Union Regulation (3a) attached to the data together with the programme equipment for verifying and checking the digital signature, as well as a detailed vehicle speed profile before checking the recording equipment; or
(b) where the vehicle is equipped with a recording device as referred to in Article 2 (2) (g) of the directly applicable European Union tachograph regulation in road transport1 ("analogue tachograph"), a recording sheet inspection device.
(3) The inspection authority shall send to the Ministry of Transport:
(a) a form with details of the infringement by a foreign carrier in the territory of the Czech Republic, completed in accordance with the model set out in Annex No 2 to this Order, no later than the 15th day of the following month in which the infringement was detected;
(b) a form containing the information obtained during the checks, completed in accordance with the model set out in Annex 3 to this Regulation, by the 15th day of the following month at the latest. When completing the data on the transport of dangerous goods, the infringements identified shall be classified into the risk categories set out in Annex 4 to this Regulation.
(4) The Transport Authority shall send to the Ministry of Transport the results of the administrative procedure recorded in the form set out in Annex 6 to this Order by the 15th day of the following month at the latest, in which the administrative procedure has been definitively completed.
Subject matter of control
(1) During the roadside inspection, the control authority shall focus on:
(a) compliance with the daily and weekly driving times, safety breaks and daily and weekly rest periods;
(b) record sheets from previous days and the period in which the driver was driving, or on a certificate issued by the carrier, that he did not drive the vehicle during that period, including a statement of the reasons, or, where appropriate, a certificate of performance other than driving the vehicle during that period, or of data stored for the same period on the driver's card or in the memory of the recording equipment or on the data on their copies;
(c) the identification of the vehicle and its equipment with the documents and permits for the transport in question;
(d) whether the vehicle is equipped for the transport in question under the law;
(e) compliance with the conditions for the transport of dangerous goods laid down by law and special legislation5);
(f) the proper functioning of the recording equipment, in particular to determine whether the recording equipment, driver card or record sheets are misused;
(g) the detection of the installation of the apparatus or the use of such apparatus which could destroy, remove or modify data or the speed of transmission thereof, or the apparatus intended to interfere with the electronic transmission of data between components of the recording equipment;
h) compliance with the conditions for the transport of animals, goods or persons between places situated in the Czech Republic by a carrier not established in the Czech Republic;
(i) compliance with extended weekly working hours or 60 hours of activity, food and rest breaks and breaks as provided for in Section 9b (2) of the Act.
(2) In addition to the facts referred to in points (a) to (g) of paragraph 1, the inspection authority shall:
(a) compliance with 14-day driving time limitations;
(b) record sheets, vehicle instrument data and their copies and driver cards;
(c) whether the carrier holds the necessary documents;
(d) compliance with the special obligations of road transport operator operated by large vehicles pursuant to Section 9b of the Act.
Road inspection
The inspection authority shall carry out roadside checks:
(a) at any time at different places of road (3) suitable for road safety and continuity;
(b) so as to make it difficult to avoid control points;
(c) in such a way that it is not unilaterally aimed at the State of registration of the vehicle, the State where the carrier has its registered office or the place of business or the driver's residence, the place of origin and destination or the type of tachograph (analogue or digital);
(d) in such a way as to target a carrier presenting an increased risk in accordance with a risk assessment carried out in accordance with a directly applicable European Union Regulation establishing a common formula for the calculation of the risk assessment9).
Inspection at the premises
(1) The inspection authority shall always carry out an inspection at the premises of the carrier:
(a) when the infringement is found to be classified as the most serious infringement and falls under Group B in accordance with Annex 8 to this Decree;
(b) in the detection of an infringement which is classified as a very serious breach and which falls within group H1 to H9, I5 and J1 in accordance with Annex 8 to this Decree;
(c) when a breach is found to be classified as a very serious infringement, it falls within Group B, C, D, I2, I6 and I7 in accordance with Annex 8 to this Order and has been found repeatedly with the carrier;
(d) in the detection of an infringement which is classified as a very serious infringement and which falls in the Annex (Article 1 (3) of the directly applicable European Union Regulation on the classification of serious infringements of Union rules which may lead to the loss of reputation of road transport operator), or
(e) for a carrier presenting an increased risk, based on a risk assessment carried out in accordance with a directly applicable European Union Regulation laying down a common formula for the calculation of the risk assessment of a haulier (9).
(2) An inspection at the premises shall also be considered to be carried out by the inspection authority on the basis of documents relating to the operation of road transport submitted to it at its request.
(3) The inspection authority will take into account, during the inspection, the data provided to the Ministry of Transport by the competent authority of another Member State as regards the activities of the carrier concerned in that other Member State.
System of checks on compliance with vehicle driving times, safety breaks and rest periods
(1) The inspection authority shall carry out checks on compliance with vehicle driving times, safety breaks and rest periods to cover, in summary, at least 3% of the working days of drivers of vehicles covered by directly applicable European Union6).
(2) Of the number of checks referred to in paragraph 1, road checks shall comprise at least 30% of all vehicle drivers' working days checked and at least 50% of all vehicle drivers' working days checked.
(Paragraph 34 (4) of the Law)
The model of the unique special mark affixed by the control authority to the seal placed on the tachograph is set out in Annex 9 to this Decree.
Control of the transport of dangerous goods
(1) The inspection authority shall indicate the results of the inspection of the transport of dangerous goods in the checklist, a model of which is contained in Annex 7 to this Regulation. The detected infringement of the legal obligation shall be specified by the control authority by the photo-documenting, by a description in a note or otherwise.
(2) The roadside inspection authority shall always transmit a copy of the checklist to the driver of the vehicle.
(Paragraph 38a (5) of the Law)
(1) The model of the certificate of prevention or retention of vehicle documents and documents related to the transport carried out or the plates of vehicle registration plates is set out in Annex 10 to this Regulation.
(2) The model of the proof of deposit is set out in Annex 11 to this Order.
(3) Where the certificate referred to in paragraph 1 or 2 is completed electronically, only items relating to the case may be entered for alternative items.
(Articles 34d (9) and 38 (6) of the Law)
(1) Selected serious infringements of the obligation to ensure compliance with the requirements for the driving time, safety breaks and rest periods at the work of drivers or the obligation to ensure proper keeping of records of the driving time, safety breaks and rest periods are:
(a) an infringement which is classified as the most serious infringement and which falls under Group B in accordance with Annex 8 to this Order;
(b) an infringement which is classified as a very serious infringement and falls within Group H1 to H9, I5 and J1 as set out in Annex 8 to this Decree; or
(c) the infringement, classified as a very serious infringement, falls within Group B, C, D, I2, I6 and I7 in accordance with Annex 8 to this Order and has been found repeatedly with the carrier.
(2) The model of the notification by the State Office of Labour Inspection to the Ministry of Transport of checks on compliance with requirements laid down by other legislation10) for weekly working hours, the length of shift at night and the breaks on food and rest of drivers, drivers' helpers and guides, the results of these checks and decisions which have imposed administrative penalties for detected infringements are set out in Annex 12 to this Decree.
Service uniform Road Transport Inspection
(1) The service uniform of the Road Transport Inspection shall consist of:
(a) polo-shirts with a short or long sleeve of dark blue colour with reflective elements on the sleeves at the upper arms, the graphic marking "INSID" on the front and the graphic marking "INSID INSPECTION OF SILENCE TRANSPORT" on the back,
(b) dark blue pants with reflective elements on the legs,
(c) hoodies, summer and winter jackets of blue or dark blue with reflective elements, graphic marking "INSID" on the front and graphic marking "INSID INSPECTION OF SILICITY TRANSPORT" on the back; and
(d) reflective jackets of yellow reflective colour with the graphic marking "INSID" on the front and the graphic marking "INSID INSPECTION OF STRENGTH TRANSPORT" on the back.
(2) Graphic marking
(a) "INSID" consists of the red letters IN, the longitudinal red intermittent line and the blue or white letters SID, all depicted without background or on a coloured background;
(b) "INSID INSPECTION OF SIGNIFICANT TRANSPORT" consists of the red letters IN, the longitudinal red intermittent line, the blue or white letters SID, the red letters INSPECTION, the longitudinal red intermittent line and the blue or white letters SIGNIFICANT TRANSPORT, all depicted without background or on a colour background.
(3) The uniform of the Road Transport Inspection can include reflective braces, warning reflective vest, shoes and winter and summer caps.
(4) The depiction of the graphic marking "INSID" and "INSID INSPECTION OF SILENCE TRANSPORT" is set out in Annex 13 to this Decree.
(5) The model of the service uniform of the Road Transport Inspection is set out in Annex 14 to this Decree.
Special colour and marking of the service vehicle Road Transport Inspection
(1) The service vehicle of the Road Transport Inspection with special colour and marking is white with silver and blue elements on the side and back. On the rear of the vehicle is the blue sign "TRAFFIC CONTROL ', the graphic marking" INSID', the reference to the road transport inspection website and the vehicle number. On the side parts of the vehicle is the graphic marking "INSID ', the blue inscription" INSPECTION OF SILENCE TRANSPORT' and the link to the road transport inspection website. In front of the vehicle is the blue heading "TRAFFIC CONTROL 'and the graphic marking" INSID'. The special colour and marking may be reflective.
(2) Where the construction of a service vehicle does not enable road transport inspection to be marked in accordance with paragraph 1, the inscriptions and graphic markings shall be placed as far as possible in the construction of the vehicle in question.
(3) The service vehicle of the Road Transport Inspection which does not have a special colour design as referred to in paragraph 1 may be marked on the side by the blue inscription "INSPECTION OF STRENGTH TRANSPORT," on the front by the graphic marking "INSID" and on the back by the blue inscription "TRAFFIC CONTROL" and on the graphic marking "INSID."
(4) The model of the special colour design and marking of service vehicles is set out in Annex 15 to this Decree.
This decree shall take effect on the 15th day of the calendar month following its publication.
Minister:
Ing. Říček v. r.
Příloha č. 2
Annex No 2 to Decree No 522 / 2006 Coll.
Infringements by foreign carriers in the Czech Republic and selected bail
Příloha č. 3
Annex No 3
1. STRENGTH CONTROL
1.1. Number of vehicles stopped for road inspection by road type and country of registration of the vehicle, of which with fault
1.2. Number of drivers checked on roads by country of registration of the vehicle and the main type of transport, of which with fault
1.3. Number of working days of drivers checked on the roads by main transport type and country of registration of the vehicle, of which with defect
1.4. Number of vehicles checked by tachograph type
1.5. Number of controlled foreign cabotage carriers
1.6 Cabotage checks - number and type of infringements; N - Regulation (EC) No 1072 / 2009 of the European Parliament and of the Council
1.7. Control of the transport of dangerous goods
1.8. Infringement - number and type of infringements detected on the roads; N - Regulation of the European Parliament and of the Council, Z - Act No. 111 / 1994 Coll., NV - Government Decree No. 589 / 2006 Coll.
1.9. Checks on high-risk road carriers
2. CONTROL OF TRANSPORT OPERATIONS
2.1. Number of drivers checked and number of driver working days checked at the premises of carriers, of which with defect
2.2. Infringement - number and type of infringements detected at the premises of the carriers; N - Regulation, Z - Act No. 111 / 1994 Coll.
2.3. Number of checked carriers and drivers by fleet size
2.4. Control of high-risk carriers at premises
Příloha č. 4
Annex No 4 to Decree No 522 / 2006 Coll.
RISK CATEGORISATION
The following list divided into three risk categories (categories) I represents the most serious risks), for the purposes of filling in statistics, is the guidance for determining what is considered an infringement.
The determination of the relevant risk category shall take into account the relevant circumstances and shall be subject to the full discretion of the control authority.
Weaknesses not listed in any of the risk categories will be classified according to the description of these categories.
Where more than one infringement is detected within one transport unit, only the category of most serious risk shall be used for reporting purposes.
1. Risk Category I
If non-compliance with the relevant ADR regulations poses a high risk of death, serious injury to a person or significant damage to the environment, the detection of such non-compliance usually leads to the immediate implementation of appropriate corrective measures such as the withdrawal of the vehicle.
These include:
1. the transport of dangerous goods prohibited;
2. leakage of hazardous substances;
3. transport by prohibited means or by inappropriate means of transport;
4. the transport of bulk substances in a container which is not structurally operational;
5. in-vehicle transport without an appropriate approval certificate;
6. the vehicle no longer complies with the approval standards and presents an imminent danger (otherwise it falls under risk category II);
7. use of unapproved packaging;
8. The packaging does not comply with the relevant packing instructions;
9. Special provisions for combined packaging have not been complied with;
10. the rules for securing and storing the cargo have not been complied with;
11. the common loading rules for cuts have not been complied with;
12. the permitted levels of filling of tanks or packaging are not respected;
13. the provisions limiting the quantities carried in the transport unit have not been complied with;
14. the transport of dangerous goods without identification of their presence on the vehicle (e.g. appropriate documents, identification of items, marking of the vehicle);
15. transport without vehicle identification;
16. missing information to identify risk category I for the transported substance (e.g. UN number, official name for transport, packaging group);
17. driver does not have a valid professional training certificate;
18. use of open fire or unprotected light source;
19. Non-smoking.
2. Risk Category II
Where non-compliance with the applicable ADR regulations poses a risk of injury to a person or damage to the environment, the finding of non-compliance shall normally lead to the implementation of appropriate corrective measures, such as the on-site repair requirement, where possible and appropriate, but not later than after the completion of the transport operation.
These include:
1. the transport unit includes more than one trailer;
2. the vehicle no longer complies with the approval standards but does not present an imminent danger;
3. the vehicle is not equipped with functional fire extinguishers as required; the extinguisher may be considered functional if only the prescribed seal and / or the expiry date are missing; However, this does not apply if the extinguisher is visibly inoperative, e.g. the pressure gauge shows 0;
4. the vehicle is not equipped according to ADR requirements or written instructions;
5. the dates of tests and inspections and the shelf life of packaging, IBC or large packaging are not respected;
6. pieces are transported with damaged packaging, IBC or large packaging, or damaged uncleaned empty packaging;
7. transport of packaged goods in a container which is not structurally operational;
8. tanks / tank containers (including empty and uncleaned) are not properly closed;
9. Transport of goods in group packaging with an outer packaging which is not properly closed;
10. incorrect marking by means of safety marks, inscriptions or large safety marks;
11. there are no written instructions in accordance with the ADR, or written instructions do not correspond to the type of goods carried;
12. the vehicle is not properly guarded or parked.
3. Risk Category III
Where non-compliance with the relevant rules poses a low risk of injury to a person or damage to the environment and where appropriate corrective measures need not be taken on site but may be carried out at a later date in the undertaking of the carrier.
These include:
1. the size of the large security marks or marks or the size of the font, digits or symbols on the large security marks or marks does not comply with the regulations;
2. the transport documentation lacks information other than that relating to risk category I / (16);
3. the driver training certificate is not in the vehicle, but there is evidence that the driver has it.
Příloha č. 6
Annex 6 to Decree No 522 / 2006 Coll.
Number and amount of fines imposed by the Transport Authority by final decision in administrative proceedings
Příloha č. 7
Annex No 7
Model of the checklist
Příloha č. 8
Annex No 8
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Regulation Information
| Citation | Decree No. 522 / 2006 Coll., on state professional supervision and controls in road transport |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2006 |
|---|---|
| Effective from | 15.12.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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