Act No. 57 / 1950 Coll.
Law on the treatment of road transport business
Valid
Effective from 01.06.1951
57.
Law
of 18 May 1950
on the adaptation of road transport business.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
(1) The planned development of the Czechoslovak economy requires economic and uninterrupted road transport; The State therefore manages and regulates road transport and operates its species of importance to the needs of the people through undertakings designated to do so.
(2) The scope of road transport is established by a single economic plan.
The right to transport business.
(1) Only the following are authorised to operate road transport as a general transport needs undertaking ("transport business"):
(a) a national road transport undertaking within the territory of the whole State;
(b) municipal undertakings in their interest area without authorisation, outside that area generally on authorisation.
(2) The authorisation referred to in paragraph 1 (b) is granted by the Regional and, where appropriate, by the Regional National Committee; If transport is to exceed the perimeter of one region, the Ministry of Transport shall be authorised in agreement with the Ministry of Interior or the Regional National Committee empowered by them. Conditions may be laid down in the authorisation.
(3) The interest area (paragraph 1 (b)) consists of the territory of the municipality concerned and those parts of the territory of neighbouring municipalities which form a single residential or economic area; it shall be defined by the relevant Regional National Committee. The principles for coordination of transport in the interest area between the national road transport undertaking and the municipal undertakings are laid down by the Ministry of Transport in agreement with the Ministry of Interior.
Transport business obligations.
(1) Undertakings entitled to transport business may not refuse transport provided that the conditions of the relevant Regulations [paragraph 2 (b)] are met, provided that transport is possible by their operating facilities, unless it is prohibited by the laws, regulations or measures of the public authorities, and that transport does not impede circumstances which the undertaking could not reverse or overcome (transport obligation).
(2) Furthermore, the following undertakings are required in particular:
(a) operators of transport on a regular basis without interruption, but the safety of road traffic, the life and health of persons carried or the safety of goods carried would be compromised in transport;
(b) to carry out the transport of persons and goods under the conditions laid down (Regulations);
(c) to compile tariffs and comply with the conditions laid down in (b) and the rates issued and declared by the Ministry of Transport in the relevant official document in accordance with the rules on planning and pricing; the transport conditions as well as the conditions for determining the amount of fare and transport must be clear from the tariffs;
(d) compensations for the regular transport of passengers, within the limits of the technical and economic effectiveness of public needs and compliance with the rules in the framework of transport safety; However, transport users are not entitled to compensation, which may result from failure to comply with the timetable.
(3) Undertakings authorised to carry out transport activities may operate in conjunction with a transport undertaking other than road undertakings under uniform conditions and tariffs; The Ministry of Transport, as far as municipal undertakings are concerned, in agreement with the Ministry of the Interior or, where appropriate, the Regional National Committee empowered by them, may impose this on them. The conditions and tariffs referred to in paragraph 2 (b) and (c) may be waived.
(4) The conditions for the operation of regular road transport, which are included in urban transport under the planning rules, will, if the nature of the matter so permits, be identical to those for other urban transport modes.
Road transport which is not a transport business.
(1) The transport of persons and goods for their own use and for foreign purposes must not contradict the single economic plan and the principles of economic transport arrangements.
(2) It is possible to transport for your own needs in principle without permission, for foreign needs in principle for permission.
(3) The provisions on transport business shall apply mutatis mutandis to transport for which authorisation is required.
Specific provisions for certain undertakings and authorities.
(1) Undertakings and authorities of air, postal, travel, accommodation and recreational services, as well as national railway undertakings, may operate road transport of a particular kind, provided that it is at least a transport-efficient complement to their main business or activity. According to its nature and scope, such transport may be subject to authorisation.
(2) Foreign entrepreneurs may be authorised by road transport operators to and from the territory of the Czechoslovak Republic to travel through the territory of the Czech Republic for authorisation by the Ministry of Transport or the Regional National Committee authorised by it.
(3) The provisions on transport business shall apply mutatis mutandis to transport carried out in accordance with paragraphs 1 and 2.
Postal transport.
(1) The transport of mail and staff accompanying them is subject to the provisions of Act No. 222 / 1946 Coll., on Post Office (Postal Act).
(2) If there is no agreement between the road transport operator and the transport compensation agreement referred to in paragraph 1 (Section 10 (3) of the Postal Act), the Ministry of Transport shall decide on the compensation in agreement with the Ministry of Posts and on the operation of the transport by a municipal undertaking, also in agreement with the Ministry of Interior.
State control.
(1) The national committees shall ensure that road transport is carried out in accordance with the provisions of this law and the regulations and measures adopted pursuant to it. To this end, national committees may also supervise vehicle holders and overlook their transport facilities; vehicle holders and transport persons shall be obliged to provide the necessary explanations upon request. The Ministry of Transport is responsible for overseeing.
(2) In the exercise of supervision, orders and prohibitions may be given, as well as appropriate interim measures to remedy defects.
Special acts of public administration.
(1) Where a single economic plan, economic organisation of road transport or other public interest so requires, the Ministry of Transport may provide for the necessary adjustment of road transport by means of a decree in the relevant official document, issued in agreement with the other ministries involved; within the limits of this decree, the Regional National Committee may do so.
(2) If urgent transport needs or other urgent public interest so require, regional or regional national committees may take the necessary measures, in particular:
(a) impose certain transport tasks on road vehicle holders; Where more than one task is involved, the order of urgency may be determined taking into account the type of persons or goods carried;
(b) require vehicle holders to renounce or subject to other restrictions;
(c) establish that certain road vehicles are to be used for certain modes of transport.
(3) The Ministry of Transport approves agreements with foreign undertakings on the operating community as well as participation of domestic companies in international road transport organisations.
Until now, the authorisation to operate the traffic.
(1) Persons entitled to transport business in force on the date of entry into force of this Act may operate transport services under that authorisation; In so doing, they shall be obliged to carry out the tasks assigned to the Single Economic Plan and the obligations arising from this Act and the original authorisation, provided that they do not conflict with that Act. This provision does not apply to authorisations to transport abroad and abroad and to transport by transit through the territory of the Czechoslovak Republic.
(2) Where compliance with a single economic plan or other public interest so requires, the district national committee may change the authorisation referred to in paragraph 1, in particular as regards its scope, or withdraw that authorisation, in particular if it fails to fulfil the legitimate obligations referred to in paragraph 1.
(3) Transport shall be permitted only by the authorised operator; Exemptions may be authorised only in cases of special consideration to the Regional National Committee.
(4) If the authorisation is withdrawn in any way or if the scope of the authorisation is limited, the road vehicles used for the operation of the service may be redeemed. The purchase procedure shall be carried out by the District National Committee and, according to its decision, the owners of the vehicle shall be obliged to sell the vehicle. The details of the ransom procedure and the method of buying-in shall be adapted by the Ministry of Transport by a decree in the relevant official document.
Exemptions from the law.
(1) The provisions of this Act do not apply
(a) transport by trolling vehicles;
(b) transport by armed forces;
(c) transport by public health authorities for medical purposes and transport by sick and injured sanitary vehicles.
(2) The Ministry of Transport may, in agreement with the participating ministries, provide for derogations from the provisions of this Act for the authorisation of a transport undertaking and for its conditions as regards road transport by means other than motor vehicles. In the same way, special conditions may be laid down for the operation of road transport across the border of the Czechoslovak Republic, even by way of derogation from the provisions of this law.
Relation to other legislation.
(1) The provisions of the Commercial Code (Act) and the Regulations amending or supplementing it do not apply to the operation of road transport.
(2) The provisions of Act No. 131 / 1936 Coll., on State Defence, and Act No. 117 / 1924 Coll., on Requesting Means of Transport for Military Use, remain unaffected.
Implementing regulations.
(1) In order to implement this law, the Government will issue more detailed provisions, in particular:
(a) the characteristics of each type of road transport;
(b) the types and extent of transport which may be authorised by municipal undertakings or by certain other undertakings and authorities and the need for such transport;
(c) the conditions which may be contained in the authorisation to operate the transport;
(d) on transport business obligations, in particular on the principles of transport conditions (Regulations), on the approval of tariffs and timetables and on their general knowledge, on obligations at the start of transport and on changes in operations;
(e) the cases in which transport may, for its own use, be subject to authorisation or in which no authorisation for carriage for foreign purposes is required;
(f) which provisions on transport business apply mutatis mutandis to other fields of road transport (Sections 4 (3) and 5 (3));
(g) on specific acts of public administration, in particular when measures may be taken under the provisions of Paragraph 8 (2).
(2) Government regulations issued for the implementation of this Act may entrust further provisions to general legislation.
Criminal provisions.
(1) Who fails to fulfil his duty in road transport will be punished by the District National Committee - unless it is a criminal offence - by a fine of up to 100,000 CZK or by a prison (lockdown) for up to three months; in the event of non-availability of the fine, a replacement prison sentence (lockdown) shall be set at the same time according to the guilt rate, for a maximum period of three months.
(2) In the same way, it will be punished who illegally operates road transport.
Repeal clause.
The validity, where applicable, of any provisions which contravene this Act, in particular Act No. 77 / 1935 Coll., on the Transport of Motor Vehicles and their Taxation, as amended by the Regulations amending it, Decree No. 153 / 1935 Coll. and No. 229 / 1935 Coll. implementing this Act, Decree No. 285 / 1944 Coll., on the Contributions to Owners of Stopped Transport Enterprises, Decree of the President of the Republic No. 76 / 1945 Coll., on the Requesting of Transport Means for the Period of Exceptional Economic Conditions, Ordinance of the Board of Authorisers No. 42 / 1946 Coll.
Efficiency and execution.
This law shall take effect on the date laid down by the Government by the Regulation; it shall be implemented by the Minister for Transport in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Petr v. r.
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Regulation Information
| Citation | Act No. 57 / 1950 Coll., on the treatment of road transport business |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1950 |
|---|---|
| Effective from | 01.06.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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