Act No. 68 / 1979 Coll.
Law on road transport and national mail
Valid
Effective from 01.01.1980
Contents
§ 1
§ 2
§ 3
§ 4
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA DRUHÁ
Oddíl 1
§ 12
§ 13
§ 14
§ 15
Oddíl 2
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
Oddíl 3
§ 23
HLAVA TŘETÍ
§ 24
HLAVA ČTVRTÁ
Oddíl 1
§ 25
§ 26
§ 27
Oddíl 2
§ 28
Oddíl 3
§ 29
§ 30
§ 31
§ 32
Oddíl 4
§ 33
HLAVA PÁTÁ
§ 34
§ 35
HLAVA ŠESTÁ
§ 36
§ 37
§ 38
§ 39
HLAVA SEDMÁ
§ 40
ČÁST DRUHÁ
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST TŘETÍ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
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68
THE LAW
of 20 June 1979
on road transport and national mail
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
The Act regulates the conditions for the operation of road transport and national mail, as well as the rights and obligations of organisations and citizens and the competence of public authorities in this section.
(1) Road transport is a summary of the activities which ensure the movement of persons (passenger transport) and goods (freight transport) by road vehicles (road transport vehicles) as well as the movement of road vehicles themselves on roads, transport areas and free terrain.
(2) Road transport is the actual transfer of persons and goods by road vehicles on roads, transport areas and open terrain.
(3) The operator of a motor or trailer road vehicle shall be the organisation or person that is registered in the vehicle technical licence as its holder.
(4) National shipping is the provision of domestic transport of goods and services connected with transport in its own name and on an external account for a Czechoslovak organisation or citizen, or for a foreign legal entity, if they have their registered office (permanent residence) in the territory of the Czechoslovak Socialist Republic.
(1) Road transport organisations or national shipping organisations shall be required to create organisational, operational and technical conditions so that the activities they carry out can fulfil their functions in the planned, economical and efficient fulfilment of the transport needs of the national economy and the population, in particular in terms of safe, smooth, timely and cultural transport of persons and goods, in accordance with the protection of the environment, the development of standard of living and the need for defence and protection of the state.
(2) Other organisations and persons involved in road transport are obliged to contribute to its safety, continuity and economy by discipline, attention and prudence to the appropriate nature of its operation, and to refrain from anything that might jeopardise it.
The authorities of the state administration shall, in accordance with the needs of the Czechoslovak national economy, ensure optimum development and the planned, economical and efficient operation of road transport and national shipping.
ROAD TRANSPORT
GENERAL PROVISIONS
Labelling of road vehicles
(1) Road vehicles intended for freight transport and road vehicles intended for public passenger transport, as well as road vehicles intended for non-public passenger transport, for which this Act provides for (Article 16 (1) (d) and (23) (1)), must bear the name (s) or the name (s) of the operator (s) known in general and the registered office (permanent residence).
(2) The central authority of the state administration in transport matters of the Czech Socialist Republic1) or the central authority of the state administration in transport matters of the Slovak Socialist Republic2) (hereinafter referred to as the "central authority of the Republic") may, where justified on a proposal from the competent central authority, authorise an exemption from the vehicle identification; on the proposal of the competent central authority, it may also authorise an exemption from the designation of the registered office of the authority or organisation which operates throughout the territory of the Czech Socialist Republic, the Slovak Socialist Republic or the Czechoslovak Socialist Republic.
(3) The implementing act lays down details of the labelling of road vehicles; it may also provide for an obligation to indicate road vehicles intended for non-mass passenger services other than those referred to in paragraph 1.
Record of road vehicle operation
(1) Organisations operating road transport by motor vehicles and citizens operating road transport by motor vehicles for hire or reward are required to keep a record of the operation of the vehicle, the model of which is laid down by the Federal Statistical Office in cooperation with the Federal Ministry of Transport pursuant to specific legislation.3)
(2) The driver is obliged to report to the competent authorities at the request of the competent authorities (4) by recording the vehicle's operation.
(3) The organisations and citizens referred to in paragraph 1 and other organisations and persons involved in road transport are responsible for the accuracy and completeness of the data which they have entered or confirmed in the vehicle traffic record.
(4) A more detailed modification of the record keeping of the vehicle's operation shall be laid down in the implementing regulation.
Safety and continuity of operations at the place of loading and unloading
An organisation which has a place and facilities for loading and unloading in the management, ownership or use shall establish conditions for the safety and continuity of operations and the economical use of means of transport at that place and facilities; In particular, it shall be required to maintain this place and equipment in a state which allows safe, smooth and rapid loading and unloading, to ensure proper lighting, to ensure sufficient reinforcement of all areas used for the carriage of vehicles, including access roads, and to keep them in a safe and accessible condition.
Transport of persons by road vehicles intended for freight transport
(1) A maximum of six persons over 15 years of age may be carried in the loading area of a motor vehicle intended for freight transport without authorisation
(a) to and from the workplace, where this is strictly necessary for the performance of economically important tasks; or
(b) if they are persons intended for loading or unloading;
the safety of the persons transported must be ensured.
(2) Transport of more than six persons in the loading area of a motor vehicle intended for freight transport is permitted only at the permission of the competent authority of the State (Paragraph 29 (1) (2)), which may be granted only if the following conditions are met:
(a) transport is essential for the performance of economically important tasks;
(b) vehicles intended for the transport of persons cannot be used;
(c) the safety of the persons carried is ensured; and
(d) the technical competence of the vehicle has been checked in accordance with the Specific Regulations (5) and no longer than the implementing regulation has elapsed since the examination.
(3) In the loading area of the trailer for agricultural and forestry tractors, it is permitted to carry persons only to the workplace and back if this is strictly necessary to carry out the economic tasks and to ensure the safety of the persons carried.
(4) The provisions of paragraphs 1 to 3 shall not apply to the transport of persons in the event of a natural disaster; the provisions of paragraphs 1 and 2 (a) and (b) shall not apply to the carriage of persons for civil defence purposes and to the performance of the tasks of the Union for cooperation with the military.
(5) More detailed conditions for the carriage of persons in the loading area of road vehicles intended for freight transport shall be laid down in the implementing regulation.
Transport of dangerous goods
(1) Goods for whose characteristics the safety of persons and goods may be compromised in road transport, and goods which are resistant (hereinafter referred to as dangerous goods) are permitted to be used for transport and transport only subject to the specific conditions laid down in the implementing Regulation and the specific regulations, (6) in particular for the type and construction of vehicles, their accessories, their equipment and equipment, their testing and marking, the packaging and labelling of dangerous goods, the way in which loading operations are carried out, the storage and attachment of dangerous goods in the vehicle, the crew of the vehicle and accompanying persons, the means of driving, stopping, parking and the surveillance of vehicles.
(2) In the case of passenger transport for hire or reward, it is permissible to take as luggage into the vehicle only the dangerous goods and to the extent that they are provided for in the timetable (§ 14). The rules of transport shall also specify the means of securing the items, their location in the vehicle and other conditions of transport.
(3) Dangerous goods provided for in the implementing regulation may be transported only for authorisation granted by the competent authority of the State (§ 29 (1) (b), § 39 (1)) if the applicant certifies that:
(a) the conditions laid down for their transport pursuant to paragraph 1 or resulting from the characteristics of a dangerous item are fulfilled;
(b) measures are taken to prevent the release or escape of dangerous goods during transport.
Transport of live animals by road vehicles intended for freight transport
(1) Transport of live animals by road vehicles intended for freight transport can only be carried out by vehicles the construction and construction of which ensure the safety of the driver, operator and other road users as well as the safety of the animals transported and prevent the pollution of the infrastructure and the harassment of their users.
(2) The implementing regulation lays down more detailed conditions for the transport of live animals by road vehicles intended for freight transport.
Exceptional tasks
(1) If emergency transport needs are to be overcome, the District National Committee, and if the scope of such needs exceeds the scope of the District National Committee, the Regional National Committee may impose an obligation on the operators of motor vehicles or trailers for a period of time strictly necessary and to the extent necessary to:
(a) they have carried out certain transport operations, including outside the jurisdiction of the District or Regional National Committee, as appropriate;
(b) restrict the operation of their vehicles.
(2) Tariffs and any compensation for damage to road vehicle operators arising from the fulfilment of obligations imposed must be paid by the person for whom the obligation has been imposed, unless the economic compensation has been made under special rules (7) by the national committee which imposed the obligation.
(3) An appeal brought against a decision imposing an obligation under paragraph 1 shall not have suspensory effect.
ROAD TRANSPORT FOR FOREIGN NEEDS
General provisions
Definition of terms
(1) Road transport for hire or reward is a transport which arises between a road transport operator and an organisation or person whose transport needs are met, a legal relationship based on a contract for the carriage of persons or goods. Road transport for hire or reward is also transport carried out in the provision of accommodation, recreation and other services.
(2) Road transport for foreign purposes operated to meet general transport needs and accessible for each according to pre-declared conditions is public transport; other road transport for hire or reward is non-public.
Transport document
(1) In the case of road haulage for hire or reward, the consignment shall be accompanied by a transport document supporting the transport of the consignment; the consignor shall submit the transport document to the road transport operator no later than when the consignment is submitted for transport.
(2) Road transport operators and other organisations and persons involved in transport are responsible for the accuracy and completeness of the data they have entered or verified in the transport document.
Transport Regulations
(1) The detailed arrangements for the conditions laid down in this Act for the carriage of persons and their luggage and the transport of goods in road transport for hire or reward are laid down in the transport rules.
(2) The rules of transport shall be adapted in more detail:
(a) the rights and obligations of organisations and persons involved in transport;
(b) in which cases passengers, consignors or recipients are required to pay the transport operator a sum of up to 500 Kcs for the infringement of the provisions of the transport schedule or tariff, damage or pollution of the vehicle or other equipment of the transport operator or of the effect of a breakdown in transport; payment of this amount is without prejudice to the right of the transport operator to make good the damage caused,
(c) the conditions under which persons may be refused access to, or excluded from, a vehicle;
(d) which baggage and consignments are excluded from transport;
(e) in which cases persons, their baggage and consignments may be transported only under special conditions as well as specific conditions for such carriage;
(f) the binding content of the transport document (Section 13), who is obliged to enter or verify the individual particulars in the transport document and under what conditions the completion of the transport document may be waived.
(3) The rules of transport may specify which of its provisions and under which conditions divergent local arrangements are permitted and under which conditions the right to payment referred to in paragraph 2 (b) may be waived.
Tariffs and substitutes
(1) Rates for road transport operations for hire or reward and conditions for their use are shown in tariffs and other price measures. The implementing regulation or special Regulation (8) may provide that road transport operations for hire or reward shall be subject to reimbursement of costs and shall determine the conditions and amount or method of calculation of the refund.
(2) Specific regulations apply to the production, approval and declaration of tariffs. 9) Tariffs which are uniform for the entire territory of the Czechoslovak Socialist Republic are declared by the Federal Ministry of Transport upon approval.
(3) A general binding legislation may provide for fixed amounts of compensation for damage caused by minor disturbances in service, pollution or damage to the vehicle or equipment intended for use, or, where appropriate, a specific method of calculating certain refunds.
Public road transport
Obligations of public road transport operators
(1) The public road transport operator shall:
(a) to notify the commencing of the operation of the transport or to inform the reasons why the operation of the transport was not initiated or not initiated to the extent specified, to the district national committee, and to the extent that it has granted permission to operate the public road transport by the Regional National Committee or if it is an operator authorised to operate public road transport directly under this law, including the Regional National Committee;
(b) to operate the transport within the specified and, where appropriate, permitted scope and under the specified conditions throughout the duration of the authorisation; in order to cease operation (temporary or permanent) or to restrict it, it is required to seek the approval of the authority which granted the authorisation to operate the transport and, if the operator authorised to operate public road transport directly under this Act, the approval of the Regional National Committee;
(c) to operate transport on its own behalf;
(d) indicate the road vehicles used in service in accordance with Section 5;
(e) establish and maintain a technical base appropriate to the scope and equipment of traffic needs;
(f) use only vehicles whose technical condition has been found to be satisfactory during a technical inspection from which a period of more than 1 year or a shorter period has elapsed, as the case may be, as determined by the administrative authority which authorised the operation of road transport;
(g) in the case of the operation of vehicles, to comply with safety breaks, rest periods and driving times specified for drivers of road motor vehicles by means of a special Regulation (1);
(2) The public scheduled passenger road transport operator shall also:
(a) maintain bus stations which are in its administration;
(b) to equip and maintain stops and timetables at operated lines, or waiting rooms and shelters at such stops;
c) maintain waiting rooms set up in its premises;
(d) indicate the relevant line from which the initial and final stop is visible;
(e) to compile and declare in due time for the routes operated by it and their changes and to operate the transport according to these timetables.
(3) The public road transport operator shall carry out the transport of members of the armed forces and armed corps and their consignments under specific conditions agreed between the central authorities of the Republic and between the central authorities concerned by such transport.
Authorisations of public bus operators
(1) In public bus transport, transport service workers in a uniform manner and workers authorised to control transport services and measures shall be entitled to a check badge or check card in the performance of their tasks:
(a) to instruct passengers in the interests of safety and continuity of transport;
(b) exclude from transport a person who distorts or threatens to distort the safety and continuity of transport, the safety of life or of the health of persons, property or is illegally present on the bus or, where appropriate, to impose payment of the amount provided for in Article 14 (2) (b);
(c) require the person referred to in point (b) to prove his or her identity and, if he or she is unable to prove his or her identity, invite him or her to follow them to the nearest department or member of Public Security.
(2) In accordance with the conditions laid down in paragraph 1, they shall have the same authorisation as regards the maintenance of order in service facilities and premises of the transport operator serving the public, its personnel responsible for supervision in such facilities.
Timetables
(1) Timetables are based on the economic and cultural needs of society as well as individual territorial areas; they contain all the data on regular road transport to which they relate and ensure optimum interconnectivity and continuity to the timetables of other public passenger transport operators.
(2) Timetables for public scheduled bus services and their amendments are subject to approval
(a) the central authority of the Republic, where long-distance and international lines are concerned; the central authority of the Republic shall, after consulting the regional national committees concerned, decide in agreement with the central authority of the other Republic on the lines which pass through the two Republics;
(b) the Regional National Committee, if any; the regional national committee, after consulting the regional national committees concerned, shall decide on the lines which pass through the territory of two or more regions in agreement with the regional national committees concerned; If no agreement is reached between participating regional national committees, the competent central authority of the Republic shall decide, where appropriate, in agreement with the central authority of the other Republic.
(3) In the public interest, the public authority responsible for the timetable approval may impose a change in the timetable if, after the timetable approval, the relevant circumstances have changed substantially or the conditions for a better organisation of transport in a particular territorial area which can be met by a change in timetable have been met.
(4) If, when operating a public scheduled bus service, the length of the road is changed as a result of the closure of traffic on the road or a detour order for more than 7 days, the transport operator shall declare a new timetable for that line corresponding to its actual length; The Regional National Committee may, at the request of the transport operator, authorise an exemption from this obligation.
(1) The approval of timetables and the imposition of amendments thereto is not governed by the general rules on administrative procedures.
(2) The implementing regulation lays down the formalities, procedure for discussing and declaring timetables.
(1) The location of the public scheduled bus stop referred to in the timetable shall be determined by the district national committee in whose territory the stop is newly established or moved, in accordance with the traffic requirements and the specific transport situation; This shall be done with the agreement of the relevant Public Security Service and after consultation with the authority (s) to which the management of the relevant infrastructure belongs and the road transport operator and, where appropriate, other authorities or organisations whose interests are affected by the location of the stop.
(2) The procedure for placing a stop shall not be governed by general administrative rules.
Combined transport
In order to ensure the best possible provision of transport needs in line with the social interests and with the greatest possible saving of social work, the road transport operator shall be entitled to operate together with the operator of another mode of transport combined transport under uniform transport and tariff conditions.
Taxi service
(1) A taxi service is a public road transport service which ensures the immediate and prompt transport of persons and their baggage by road vehicles intended for non-mass passenger transport (passenger taxi service) and transport of goods by road vehicles of less useful mass intended for freight transport (freight taxi service) and where the transport contract is usually concluded directly with the driver of the vehicle without prior order.
(2) The conditions for the operation of a taxi service in respect of vehicles which may be used in a taxi service, their equipment and the obligations of operators are laid down in an implementing regulation.
Non-public road transport for hire or reward
(1) Paragraph 16 (1) shall apply to the operation of non-public road transport for foreign purposes which is the subject of an economic activity.
(2) Paragraph 16 (1) (c) shall apply to the operation of non-public road transport for hire or reward, which is carried out on an isolated basis, occasionally or in the short term.
STRENGTH TRANSPORT FOR OWN NEEDS
(1) Road transport for the organisation's own needs is the transport carried out by the organisation for its own needs and purposes, as well as the transport of goods which are the subject of its own production or commercial activity, unless a legal relationship is established between the transport organisation and the customer based on a contract involving the transport of persons or goods.
(2) Socialist organisations operating road transport for their own use are required to organise such transport in order to ensure the timely and proper performance of the tasks planned in their economic activities, while fully, efficiently and economically being used.
(3) Road transport for the citizen's own needs is
(a) own the transport of his or her person, his or her relatives in a direct line, his or her siblings and spouse and other persons, if they are members of his or her household, 10)
(b) the transport of goods for his personal needs as well as for the personal needs of the persons referred to in (a);
(c) the transport of goods for the purpose of carrying out the activity to which it is entitled;
the road vehicle of which the citizen is entitled to use.
(4) Paragraph 16 (1) (f) and (g) shall apply to transport for own needs operated under paragraph 3 (c).
CERTIFICATE FOR OPERATING THE STRENGTH TRANSPORT
Authorisation to operate road transport for hire or reward
(1) The organisation of Czechoslovak state car transport is authorised to operate public road transport on the territory of the entire Czechoslovak Socialist Republic.
(2) Other organisations or natural persons (2) may carry out road motor services for hire or reward only if, in the absence of cases referred to in § 26, they are authorised by the competent authority of the State.
(1) Authorisation to operate road transport for hire or reward pursuant to § 25 is not required if:
(a) the transport of persons and goods carried out in the framework of the care of their own workers, members of cooperatives, where the content of membership is also a working relationship, including their transport to employment and the transport of their children to schools;
(b) irregular public transport by a social or cooperative organisation for its members and their family members;
(c) regular public transport of children for recreational, cultural or physical purposes and to school establishments;
(d) the transport of goods which are the subject of their own production or commercial activity to customers;
(e) transport by the parties to the contract for association or cooperative cooperation;
(f) the transport of passengers, baggage and air mail from the airport to and from the city centre or place of accommodation, as well as the replacement transport by the Czechoslovak air carrier;
(g) transport for organisations and equipment carrying out maintenance of motorways, roads and local roads as part of the winter maintenance of such communications.
(2) In an agreement with the Federal Ministry of Transport, the central authorities of the Republics determine the type of transport to which extent and under which conditions they can operate without authorisation in addition to their main object of activity of the State Travel Agency.
(1) Operators authorised to carry out road transport for hire or reward on the basis of an authorisation of a public authority shall be required to have in each vehicle to which they are authorised to carry out the transport, proof of the authorisation granted to the transport service and to report it to the competent authorities, as well as to the organisations and persons for whom they carry out the transport.
(2) Organisations and citizens may not use the services of an organisation or a citizen known neither to be authorised nor authorised to carry out transport under this law or regulations and measures issued under it to satisfy their transport needs.
Authorisation to operate road transport for own use
Road transport for own use shall be carried out without authorisation, except where:
(a) referred to in Articles 8 (2) and 9 (3),
(b) where, in the interest of safety of operations or of other urgent public interest, an implementing act so provides.
Authorisation procedure
(1) Road transport permits
(a) the district national committee, if transport is not to exceed its scope and not for the transport of dangerous goods (§ 9 (3));
(b) the Regional National Committee in other cases.
(2) The District National Committee may delegate the power to authorise the carriage of more than six persons in the loading area of a motor vehicle intended for freight transport (Section 8 (2)) to the municipal National Committee.
(3) The local authority shall be the national committee in whose territory road transport is to be operated; where road transport is to be operated on the territory of two or more regional national committees, one of them or each of the relevant national committee for its territorial area shall be authorised by mutual agreement.
(4) Where the vehicle to be used is registered in the territory of the district national committee outside the territorial district of the national committee responsible for granting the authorisation, authorisation shall be granted only with the agreement of the district national committee in whose territory the vehicle is registered.
(5) If there is doubt as to whether the transport operation is subject to an authorisation procedure, the authority responsible shall decide to grant authorisation to carry out such transport.
If the Authority has not ordered oral hearing of the application for road transport authorisation or has not set a time limit for submitting observations, the parties shall be required to submit their comments within 15 days of the date on which they were notified of the application by the State Administration.
Contents
§ 1
§ 2
§ 3
§ 4
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA DRUHÁ
Oddíl 1
§ 12
§ 13
§ 14
§ 15
Oddíl 2
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
Oddíl 3
§ 23
HLAVA TŘETÍ
§ 24
HLAVA ČTVRTÁ
Oddíl 1
§ 25
§ 26
§ 27
Oddíl 2
§ 28
Oddíl 3
§ 29
§ 30
§ 31
§ 32
Oddíl 4
§ 33
HLAVA PÁTÁ
§ 34
§ 35
HLAVA ŠESTÁ
§ 36
§ 37
§ 38
§ 39
HLAVA SEDMÁ
§ 40
ČÁST DRUHÁ
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST TŘETÍ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
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Regulation Information
| Citation | Act No. 68 / 1979 Coll., on road transport and national mail |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1979 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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