Decree No. 55 / 2003 Coll.
Decree amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act
Valid
Effective from 28.02.2003
55
DECLARATION
of 10 February 2003
amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act
The Ministry of Transport 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., ("the Act ') for the implementation of § 3 (1) (b) and § 22 (5) of the Act:
Decree No. 478 / 2000 Coll., implementing the Road Transport Act, is amended as follows:
(1) Paragraph 16, including footnote 8, reads:
(1) The delegation of legal or natural persons to activities related to the implementation of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) 8 (hereinafter referred to as "the Agreement") is granted by the Ministry of Transport (hereinafter referred to as "the Ministry") on the basis of a request which includes proof of compliance with the conditions for the operation as determined by the Agreement and also those laid down by the Ministry.
(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.
8) Decree No. 64 / 1987 Coll., on the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), as amended, and the current version of the Annexes published in the Collection of International Contracts. '
2. Paragraph 17, including the title, reads:
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 advisers"), as set out in the Agreement, do not apply to persons whose activities relate to the 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, point 1.1.3.6, Part 2, Chapter 2.2, Section 2.2.7.1.2, Part 3, Chapter 3.3 and Part 3, Chapter 3.4.
(2) In accordance with the Agreement, the activities of a safety adviser may be carried out only by a natural person holding a valid certificate of professional competence of a safety adviser. This certificate shall be subject to completion of the training and successful passing of the examination referred to in Article 17b. '.
3. after Article 17, the following paragraphs 17a to 17c are inserted:
Training of security advisers
The training of security advisers shall meet the content 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 shall be organised by a person authorised by the Ministry in accordance with the Agreement of Part 1, Chapter 1.8, points 1.8.3.10, 1.8.3.11 and 1.8.3.12. The Ministry shall appoint and dismiss a three-member examination committee, which shall act by a majority of votes, and the Ministry shall also approve a test order which it shall publish in the Transport Bulletin. 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 test of security advisors to a person authorised by the Ministry whose name and surname, business company or legal entity the Ministry shall publish in the Transport Bulletin. The Ministry will also publish the address at which applications will be accepted. The application is accompanied by proof of completion of the training provided for in § 17a, proof of integrity (8a) and proof of successful graduation.
(3) Upon receipt of the application, 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 tests are to be reimbursed for the safety advisers.
(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) In addition to complying with the conditions referred to in paragraph 2, proof of the identity of the tenderer and presentation of proof of reimbursement of the costs of the safety advisers' examinations shall be a condition of admission to the test.
(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.
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 established by 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 request, extend the validity of the certificate by 5 years if the holder has passed the examination referred to in Article 17b during the last year before its expiry or has completed a renewal course with the person responsible for the operation.
8a) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
4. The following Section 24a is inserted after Section 24:
Common provision
For the purposes of this decree, the payload shall mean the difference between the maximum authorised mass and the vehicle operating mass. ';
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Šimonovský v. r.
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Regulation Information
| Citation | Decree No. 55 / 2003 Coll., amending Decree No. 478 / 2000 Coll., implementing the Road Transport Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2003 |
|---|---|
| Effective from | 28.02.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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