Act No. 546 / 2005 Coll.
Act amending Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, and other related laws
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01.01.2006
30.12.2005
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546
THE LAW
of 14 December 2005
amending Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Armed Forces of the Czech Republic
Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended by Act No. 352 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 253 / 2005 Coll. and Act No. 413 / 2005 Coll., is amended as follows:
1. Paragraph 2 (1) reads as follows:
"(1) Military objects are objects important for the defence of the State serving the Ministry of Defence (" Ministry '), the Army of the Czech Republic ("Army') and the Castle Guard to ensure training, accommodation of soldiers in active service, storage, storage, treatment and repair of military equipment, or to ensure their tasks. Military objects are state property. They shall be managed by the Ministry and the bodies of the State established by it. '
2. In Paragraph 2 (7), the words "the armed forces shall be used to ensure the training and performance of their tasks' shall be replaced by the words" they shall be used to carry out or carry out the tasks of the armed forces'.
3. In Paragraph 2 (8), the words "in active service 'and the words" and sleeve characters' are replaced by the words ", sleeve marks and value marks'.
4. In Article 2 (9), the words "a 'are replaced by the words" a' after the word "systems'.
5. Paragraph 2 (10), including footnote 2, reads:
"(10) Military equipment consists of vehicles of the armed forces, military vessels and military aviation,
(a) vehicles of the armed forces are motorised and trailers and military vehicles registered under the military registration mark; designated road motor vehicles and trailers of the armed forces may be registered under the registration mark 2); outside the performance of the tasks of the armed forces, military vehicles are not authorised for road traffic;
(b) military vessels are ships, small vessels, floating machinery, floating equipment and other manageable floating bodies which have been designed, constructed, modified and intended to carry out the tasks of the armed forces and are registered under military registration;
(c) military aviation equipment consists of military aircraft, military aviation technology products, military aircraft parts or equipment and military aircraft ground equipment; The Ministry shall establish by decree the types and categories of military aircraft, military aviation technology products, military parts or equipment and military aerial ground equipment.
2) Paragraph 4 (4) (c) of Act No. 56 / 2001 Coll., on the conditions of the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 307 / 1999 Coll. '
6. Paragraph 2 (11), including footnote 3, reads:
"(11) A soldier in active duty who holds a mandate to manage road traffic and carries out activities under special legislation (3) shall be a member of the Military Order Service. The authority to control road traffic shall be issued by the commander of the military unit, the military rescue unit or the chief of military equipment.
3) § 75 paragraphs 5 to 7 of Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws. "
7. Paragraph 2 (12) is deleted.
Paragraphs 13 and 14 shall become paragraphs 12 and 13.
8. In Article 2 (12), the word "electrical," "electrical," and "and" after the word "technology" shall be replaced by "or" and the words "to be used for filling" shall be replaced by "used for filling or securing."
9. In Article 3 (3), the words "and soldiers outside active duty 'are deleted.
10. in Article 5 (c) and (d):
"(c) bestows honorary or historical names on military services, military facilities and military rescue services;
(d) lend combat battalions to military services, military equipment and military rescue services. ';
11. in Article 7, the words "in active employment" shall be added at the end of the text of paragraph 2.
12. Paragraph 7 (5), including footnote 7, is deleted.
13. in Paragraph 10 (2):
"(2) The armed forces shall participate in peace and security activities, in particular by participating in peace-support and peacekeeping operations, rescue and humanitarian actions; in these operations and events, professional soldiers may also be broadcast as individuals. '
14. in Article 14 (1), the words "or to remedy the consequences of a disaster" shall be added at the end of the text of point (c).
15. in Paragraph 14 (1) (e), the word "transport" is replaced by "transport" and in Paragraph 14 (1) (i), the word "transport" is replaced by "transport."
16. in Article 14 (1) (h):
"(h) the provision of air services,"
17. In Article 14, at the end of paragraph 1, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) to ensure cultural, educational, sporting and social events;
(k) to carry out humanitarian civil protection tasks. ';
18. At the end of the title above Section 15, the words "and to remedy the consequences of the disaster 'shall be added.
19. In Article 15, the words "and to deal with the consequences of a disaster 'are inserted after the words" or the consequences of a disaster'.
20. In Article 16, the following paragraph 4 is added:
"(4) The government, acting on a proposal from the Minister, shall decide on the use of the army to resolve the consequences of the disaster. '
21. In Paragraph 17 (1), the words "or to deal with the consequences of disaster" shall be inserted after the words "works."
22. In the second sentence of Paragraph 18, the word 'path' is replaced by 'u' and the word 'minister' is deleted and the third sentence is replaced by 'Chief of General Staff shall inform the Minister who subsequently informs the Government of the use of military equipment'.
23. In Section 19, the words "to carry out humanitarian civil protection tasks' are deleted.
24. In the second sentence of Article 19 (1), the words "and to remedy the consequences of disaster" shall be inserted after the words "work."
25. In Section 19, paragraph 3 is added, including footnote 11a:
"(3) Military rescue services shall carry out other tasks under special legislation11a).
11a) For example, Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '
26. In Section 20, the word "transport 'is replaced by" transport' and in Section 20, the word "transport 'is replaced by the word" transport', and after the word "factors' the words" including the necessary number of persons accompanying them, resulting from the purpose of transport, 'are inserted.
27. Paragraph 22 to 24, including the headings, read:
Security of aviation activities for own needs
(1) The army provides for the service of military transport by military aircraft of active duty soldiers, soldiers of the armed forces of foreign States, civil servants of the Ministry and of the armed forces, their family members, civilian personnel of the armed forces of foreign States and persons who receive care under special legislation (12).
(2) The transport of other persons may be provided by the army in respect of persons carrying out tasks for the benefit of the armed forces or in cooperation with the armed forces, at the decision of the Minister.
(3) At the same time, when providing the service referred to in paragraph 1, the army may also provide the service of staff of other ministries and staff of their subordinate organisational units, provided that they hold diplomatic or service passports.
Provision of air services
(1) The army provides air services for military purposes. The military can provide air services for civil air13) to the extent provided for by the agreement between the Ministry of Transport and the Ministry of Transport.
(2) The military is involved in providing air search and rescue services (13) to the extent specified by the Ministry in the agreement with the Ministry of Transport and the Ministry of Interior.
Security of air transport by government decision
On the basis of a government decision, the military will be used to secure air traffic.
(a) humanitarian and medical assistance;
(b) humanitarian persons;
(c) athletes and artists in connection with the representation of the Czech Republic abroad. "
28. The following Section 24a is inserted after Section 24:
Securing cultural, educational, sport and social events
On the basis of a decision by the Minister, the army shall provide cultural, educational, sporting and social events to promote the armed forces in public, unless this limits the performance of other military tasks. '
29. in Paragraph 29 (1), the words "military weapons, military equipment" are replaced by the words "military material."
30. In Paragraph 29 (3), the words "military equipment 'are deleted.
31. In Article 29, the following paragraph 5 is added:
"(5) Training in the management of vehicles of the armed forces may be carried out on the road under the conditions laid down in special legislation13a).
13a) Act No. 13 / 1997 Coll., on roads, as amended. '
32. In Paragraph 31 (1), the sentence "Military material, with the exception of military equipment, may also be used by the State or legal entity established or set up by the Ministry, only to the extent of their business or main activity."
33. In Article 31, the sentence "To the extent provided by the service body, the military uniform or its components may also be worn by pupils and students of military schools at the end of paragraph 3. 'is added.
34. In Part 2 of Title II of Part 2 of Section 1, the words "and registration of vehicles of the armed forces' shall be replaced by the words" registration and periodic technical inspection of vehicles of the armed forces'.
35. in Paragraph 32 (2):
"(2) The Ministry shall determine, by decree, the types and categories of military vehicles and the method of approving their technical competence."
36. Paragraph 32 (3) is deleted.
37. After Paragraph 32, the following Section 32a is inserted:
Regular technical inspections, measurement of emissions of vehicles of the armed forces and testing of designated technical equipment of vehicles of the armed forces
(1) Regular technical inspections and measurements of emissions of road motor vehicles and trailers shall be carried out in accordance with the specific legislation14a).
(2) Regular technical inspections and measurements of emissions of military vehicles, tests on designated technical equipment of military vehicles and vehicles of the armed forces incorporated to carry out tasks in foreign missions shall be carried out in facilities designated by the Ministry.
(3) By decree, the Ministry sets out the method and dates for carrying out periodic roadworthiness tests for military vehicles, periodic measurements of emissions of military vehicles and tests of designated technical equipment for military vehicles.
14a) Act No. 56 / 2001 Coll., as amended. Decree No. 302 / 2001 Coll., on technical inspections and measurement of vehicle emissions, as amended. '
38. in Paragraph 33 (1):
"(1) Military police shall register vehicles of the armed forces in the vehicle register, assign them a military registration number, issue certificates of the technical licence of the armed forces vehicle and issue a technical licence of the military vehicle to military vehicles. Road vehicles shall be equipped with a technical licence for a road motor and trailer pursuant to the special legislation 14a. ';
39. In Part 2 of Title II of Part 2 of Section 3, the words "military aircraft and their records' are replaced by the words" military aircraft and military aircraft records'.
40.
(1) The technical competence of military aviation equipment is approved by the Ministry if it has not already been approved by the competent approval authority (13), and
(a) keep records of military aircraft in the military aviation register of the Czech Republic, assign a registration mark to the military aircraft and issue a certificate of registration of the military aircraft;
(b) decide on the type-approval of military aircraft, military aircraft technology products and military aircraft ground equipment, assess and verify the conformity of the characteristics of military aircraft, military aircraft equipment and military aircraft ground equipment;
(c) decide on airworthiness, issue a certificate of airworthiness and verify the airworthiness of military aircraft and military aircraft products;
(d) conduct airworthiness reviews;
(e) retain the airworthiness certificate until the airworthiness defect has been remedied;
(f) decide on the airworthiness of a military aircraft and withdraw the airworthiness certificate and recognise it as a valid airworthiness certificate issued by another State;
(g) issue, detain and withdraw certificates of operational competence for military air ground facilities;
(h) carry out checks on the operational capability of military aircraft ground facilities;
(i) agree to test flight;
(j) agree to test the operation of military aircraft ground facilities;
(k) entrusts the assessment and verification of the conformity of the characteristics of military aviation technology, the assessment and verification of the airworthiness or the airworthiness check of military aircraft to a legal person or a natural person authorised to do so under special legislation13) and suspends or withdraws such mandate;
(l) approve, recognise and control the competence of military parts and appliances and military aircraft ground facilities;
(m) issue, suspend and withdraw certificates of competence for the development, design, production, testing, maintenance, repair, modification, design and installation of military aviation technology.
(2) The military aviation register of the Czech Republic is not publicly available and the following information on the military aircraft is entered:
(a) the operator;
(b) the registration mark;
(c) the type and serial number of the military aircraft and other basic technical data;
(d) the date of registration and deletion of the registration from the military aviation register of the Czech Republic.
(3) Technical inspections and tests of military aviation technology and designated equipment for military aviation technology are carried out in facilities designated by the Ministry.
(4) The Ministry shall determine by decree:
(a) the method of approving the technical competence of military aviation equipment, carrying out technical examinations and tests of military aircraft technical equipment;
(b) the particulars of the application for registration of an aircraft in the military aviation register, the documents to be attached to the application and the model certificate for registration of a military aircraft in the military aviation register;
(c) the particulars of the application for type-approval of military aircraft, military aviation technology products and military aircraft ground equipment, the documents to be attached to the application and the type-approval procedure for military aircraft, military aviation technology products and military aircraft ground equipment;
(d) the method of assessment and verification of the conformity of the characteristics of military aircraft, military aviation technology products and military aerial equipment;
(e) the airworthiness conditions of each type of aircraft with regard to their design, technical parameters and their use, the model airworthiness certificate and the method of airworthiness verification of military aircraft and military aviation technology products;
(f) the scope and manner of conducting airworthiness checks on military aircraft;
(g) conditions for the detention of a military aircraft airworthiness certificate until the airworthiness defect has been remedied;
(h) the method of deciding on the airworthiness of a military aircraft;
(i) the conditions and manner of recognition of the airworthiness certificate of a military aircraft issued by another State;
(j) the means of issuing, detaining and withdrawing certificates of operational competence of military ground-based air equipment;
(k) the scope and manner of carrying out checks on the operational capability of military aircraft ground facilities;
(l) the conditions for the approval of the test flight of military aircraft;
(m) the conditions for the approval of the test operation of military aircraft ground facilities;
(n) the procedure for the approval and recognition of the competence of military parts and appliances and military aircraft ground equipment;
(o) the manner and scope of checking the competence of military parts and appliances and military aircraft ground equipment;
(p) the conditions and manner of issuing, suspending and withdrawing certificates of competence for the development, design, manufacture, testing, maintenance, repair, modification, design and installation of military aviation equipment. ';
41. After Paragraph 35, the following Section 35a is inserted:
Aircraft accident and expert detection
(1) An aircraft accident is an event involving the flight of an armed forces or armed forces of another State
(a) to kill or harm the health of persons;
(b) failure or damage to a military aircraft which affects its airworthiness; or
(c) the destruction or disappearance of a military aircraft.
(2) The investigation of the causes of military aircraft accidents shall be carried out by an expert panel designated by the Minister.
(3) Members of the Panel of Experts are entitled to:
(a) free access to the site of the military aircraft accident, to the military aircraft and its contents and to the wreckage of the military aircraft, provided that there is no risk of life risk and rescue operations are carried out by components of the integrated rescue system;
(b) ensuring the immediate detection and examination of evidence and control of the disposal of military aircraft debris for the purpose of examination;
(c) the immediate access and use of flight recorder records and any other records and information relating to the operation of the military aircraft, the aerodrome and the authorities responsible for the services provided in accordance with the task performed by the military aircraft crew;
(d) immediate access to the results of the explanations of military personnel and tests carried out on samples taken from their tissues, witness explanations, as well as other persons involved in carrying out the task of the crew of the aircraft, in particular by controlling its training, establishing and preparing for the task and preparing the military aircraft for flight. ';
42. in Part 2 of Title II of Part 2, the following Section 5 is added:
Approval and registration of technical capability of military weapons and ammunition
(1) The technical competence of military weapons and ammunition which have been designed, constructed or modified for the performance of the tasks of the armed forces is approved by the Ministry.
(2) Technical inspections and tests of military weapons and ammunition used by the armed forces to carry out their duties shall be carried out in military facilities designated by the Ministry.
(3) The Ministry records military weapons and ammunition used by the armed forces to carry out their tasks in the military central register of weapons and ammunition. The military central register of weapons and ammunition shall not be publicly accessible. ';
43. Paragraph 37, including footnote 16, reads as follows:
(1) The driver of a vehicle of the armed forces is the person holding the relevant driving licence (16) and holding the certificate for driving the vehicles of the armed forces (hereinafter referred to as the "driving certificate").
(2) The driving certificate shall be a document authorising drivers of vehicles of the armed forces to drive vehicles of the armed forces of the group concerned. The driving certificate shall be valid only with the relevant driving licence (16). When driving a vehicle of the armed forces, its driver shall carry a driving certificate.
(3) A person referred to in paragraph 1 or a person undergoing training or testing to obtain a driving licence or driving certificate may drive a vehicle of the armed forces.
16) Act No. 361 / 2000 Coll., as amended. '
44. The following Sections 37a and 37b are inserted after Section 37, including footnote 17:
(1) The preparation of applicants for the driving authorisation of the group or sub-group concerned and the proficiency tests for motor vehicle driving are carried out in accordance with the special legislation (17) in the driving schools designated by the Ministry.
(2) The training of drivers to obtain a driving certificate shall be carried out in driving schools operated by the Ministry or in military training facilities. In preparation for obtaining a driving certificate, soldiers in active duty and civil servants may be included. In addition, other persons may also be included in the preparation if necessary to ensure the needs of the armed forces. Persons included in the training shall hold the relevant driving licence and be fit to drive vehicles of the armed forces.
(3) Upon completion of the preparation to obtain the driving certificate and to pass the prescribed test, the Military Police shall issue the driving certificate to the driver, indicating the group concerned.
(4) Military police may withdraw a driving certificate if the driver of a vehicle of the armed forces has repeatedly violated his obligations or ceased to comply with the conditions under which the driving certificate was issued to him.
(5) Only a member of the Military Police with the necessary expertise may be the Military Test Commissioner for Drivers. The licence of the Military Test Commissioner for Drivers shall be issued by the Military Police; it may withdraw it if the military examiner has repeatedly or grossly infringed his duties or has ceased to comply with the conditions under which the licence of the military examiner of drivers was issued to him.
The Ministry shall determine the medical fitness assessment for driving vehicles of the armed forces, the group of driving certificates, the conditions for teaching, training and testing to obtain a driving certificate, the scope of the professional competence of the military test commissioner of drivers, the models of the driving certificates and the manner in which the data are entered, the model of the military test commissioner's licence, the scope of the professional competence of a member of the military order service, the conditions for obtaining an authorisation to manage traffic on the road and the qualifications of a military order teacher.
17) Act No. 247 / 2000 Coll., on obtaining and improving professional competence to drive motor vehicles and amending certain laws, as amended. '
45. In Paragraph 40, the following paragraph 1 is added:
"(1) Military air personnel shall consist of natural persons holding a military flight crew licence. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
46. In the heading of Part Seven, the word "MILITARY 'is replaced by" AND SPECIFIC ENVIRONMENT'.
47. After Paragraph 42, the following Section 42a is inserted:
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Regulation Information
| Citation | Act No. 546 / 2005 Coll., amending Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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