Decree No. 72 / 2011 Coll.
Ordinance amending Decree No. 277 / 2004 Coll., on the determination of medical fitness to drive motor vehicles, medical fitness to drive motor vehicles, with the condition and necessity of a medical certificate certifying health reasons for which the seat of the motor vehicle cannot be restrained by a safety belt (the fitness certificate for driving motor vehicles), as amended by Decree No. 253 / 2007 Coll.
Valid
Effective from 15.04.2011
72
DECLARATION
of 14 March 2011
amending Decree No 277 / 2004 Coll., on the determination of the medical fitness to drive motor vehicles, medical fitness to drive motor vehicles, with the condition and requirements of a medical certificate certifying the health reasons for which the seat of the motor vehicle cannot be restrained by a safety belt (the certificate of medical fitness to drive motor vehicles), as amended by Decree No 253 / 2007 Coll.
According to § 137 (3) for the implementation of § 84 (7) and § 85 (7) of Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended by Act No. 411 / 2005 Coll.:
Decree No. 277 / 2004 Coll., on the determination of the medical fitness to drive motor vehicles, medical fitness to drive motor vehicles, with the condition and requirements of a medical certificate certifying the health reasons for which the safety belt (certificate of medical fitness to drive motor vehicles) cannot be fastened to the seat of a motor vehicle, as amended by Decree No. 253 / 2007 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
This decree implements European Union1) and regulates the details of medical fitness to drive motor vehicles and the particulars of medical certificates certifying health reasons for which the seat of a motor vehicle cannot be restrained while driving.
1) Council Directive 91 / 439 / EEC of 29 July 1991 on driving licences, as amended by Commission Directive 2000 / 56 / EC of 14 September 2000 amending Council Directive 91 / 439 / EEC on driving licences. Council Directive 91 / 671 / EEC of 16 December 1991 on the approximation of the laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes, as amended by Directive 2003 / 20 / EC of the European Parliament and of the Council of 8 April 2003 amending Council Directive 91 / 671 / EEC on the approximation of the laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3,5 tonnes. Commission Directive 2009 / 112 / EC of 25 August 2009 amending Council Directive 91 / 439 / EEC on driving licences. Commission Directive 2009 / 113 / EC of the European Parliament and of the Council on driving licences. '
2. In Paragraph 4 (1), the words "in the model of the opinions set out in the Annex 'are replaced by the words" in the opinion provided for in the Annex'.
3. Paragraph 4 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
4. In Article 4 (2) (a), "influencing 'is replaced by" influencing' and "or 'is deleted.
5. In Article 4 (2), at the end of the text in point (b), the dot is deleted and the words "at least 1 in 5 years, or 'are added.
6. In Article 4, the following point (c) is added at the end of paragraph 2:
"(c) if, at the end of the professional examination referred to in Article 6 (2) (c), an earlier date is indicated by which the person concerned is to be subjected to a further professional examination than that of a regular medical examination.";
7. In Section 4, the following paragraph 4 is added:
"(4) The judgment under this decree may be replaced by an opinion on fitness for work, including the driving of a motor vehicle, which is a type of work agreed in the contract of employment, provided that, in addition to the formalities laid down by the legislation governing the content and formalities of the medical documents4), the requirements laid down in paragraphs 2, § 5 (1) and the year of the transport psychological examination and the neurologicalexamination 5).
4) Annex No. 1, Part 8, Section B of Decree No. 385 / 2006 Coll., on Health Documentation, as amended by Decree No. 64 / 2007 Coll.
5) § 87a of Act No. 361 / 2000 Coll., as amended by Act No. 411 / 2005 Coll., Act No. 342 / 2006 Coll., Act No. 374 / 2007 Coll. and Act No. 274 / 2008 Coll. '
8. In Article 5 (1) (b), the part of the sentence after the semicolon, including the semicolon and footnote 1a, is deleted.
9. In Article 6 (1), at the end of the text in point (b), the words "with a targeted focus on the detection of the symptoms of the disease listed in Annex 3 'are added.
10. in Article 6 (1) (c):
"(c) any further necessary professional examination by a doctor of the relevant specialised competence (hereinafter referred to as" professional examination ") requested by the assessor where it is necessary to rule out suspicion of a disease or to identify the stage of the disease referred to in Annex 3, or other diseases likely to restrict medical fitness for motor vehicles,"
11. in Article 6 (1) (d), the words "listed in Annex 3 or any other disease" shall be inserted after the words "for the disease."
12. in Article 6 (1) (e), the words "requested by the medical assessor," "epileptic syndromes" are deleted and the words "including the risk of recurrence of epileptic seizures or impaired consciousness" shall be added after the words "treating physician."
13. the following point (f) is inserted after point (e) of Annex 1, including footnote 3:
"(f) the period without symptoms of illness, defect or condition lasts: 3).................................
3) To be completed when this is relevant for the medical assessment under Decree No. 277 / 2004 Coll., on fitness to drive motor vehicles, as amended. The number of months or years where the disease or condition does not manifest shall be indicated. ';
14. Annex 2 shall read as follows:
"Annex No 2 to Decree No 277 / 2004 Coll.
Medical opinion on fitness to drive motor vehicles (pursuant to Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws, as amended, and Decree No. 277 / 2004 Coll., on fitness to drive motor vehicles, as amended)
"
15. In the introduction to Annex 3, the words "(§ 81 of Act No. 361 / 2000 Coll.) 'are inserted after the words" A1 and B1'.
16. In Annex 3, Part I:
"I. Diseases, defects or visual defects which exclude or restrict medical fitness to drive motor vehicles
1. Diseases, defects or visual defects which exclude medical fitness for the driving of motor vehicles are diseases, defects or visual defects which cause health complications or variations which are dangerous for road traffic, in particular:
Group 1
(a) binocular visual acuity, including using corrective lenses, *) less than 0,5 with both eyes;
(b) visual acuity less than 0,5 for complete functional loss of vision on one eye or in the case of use of only one eye, for example in the case of diplopia, including using corrective lenses;
(c) total functional loss of vision on one eye or use of only one eye if this condition lasts less than 6 months;
(d) a horizontal field of vision of both eyes of less than 120 degrees, a monocular range of less than 50 degrees to the left and right, a vertical field of vision of less than 20 degrees up and down;
(e) changes in the central field of vision up to 20 degrees; or
(f) intolerance to corrective lenses if necessary to achieve visual acuity.
Group 2
(a) the diseases, defects or conditions laid down for Group 1, unless otherwise specified;
b) binocular visual acuity in a better eye of less than 0,8 and in a worse eye of less than 0,1, even using corrective lenses;
(c) achieving the minimum visual acuity referred to in (a) or (b) by using glasses with a force exceeding + 8 dioptres;
(d) a horizontal field of vision of both eyes of less than 160 degrees, an additional range of less than 70 degrees to the left and right,
(e) a vertical field of vision of less than 30 degrees upwards and downwards;
(f) changes in the central field of vision up to 30 degrees;
(g) diplopia; or
(h) severe contrast sensitivity disorder.
*) Note: For the purpose of the decree, intraocular lenses are not considered to be corrective lenses.
2. Diseases, defects or visual defects affecting road safety and for which the applicant or the driver can be recognised as fit to drive a motor vehicle only on the basis of the conclusions of the expert examination, in particular:
Group 1
a) binocular visual acuity less than 0.7 using corrective lenses;
(b) visual acuity of less than 1,0 in the case of complete functional loss of vision on one eye or in the case of use of only one eye, for example in the case of diplopia, and this condition lasts for more than 6 months;
(c) a change in the field of vision;
(d) diseases of the eye and eye adnex, if they cause a reduction in visual acuity or change the range of field of vision referred to in (a), (b) or (c);
(e) visual disturbances beyond light non-serious forms; or
(f) severe colour disturbances in the field of basic colours.
Group 2
(a) the diseases, defects or conditions laid down for Group 1, unless otherwise specified below;
(b) severe colour disturbances,
(c) visual disturbances; or
(d) visual disturbances in the dark. "
17. In Annex 3, Part In to VII:
"V. Diabetes mellitus disease excluding or contingent upon medical fitness to drive motor vehicles
1. The diabetes mellitus disease excludes medical fitness to drive motor vehicles if it causes health complications that are dangerous for road traffic, in particular:
Group 1 and 2
(a) second and other hypoglycaemia that occurs within 12 months of the first hypoglycaemia and that need to be managed by another person, or
(b) the second and other hypoglycaemia occurring within 12 months of the first hypoglycaemia, with or without warning symptoms, or the applicant or driver is unaware of them.
2. Stations related to diabetes mellitus disease affecting road safety and for which the applicant or driver can be recognised as fit to drive a motor vehicle only on the basis of the conclusions of a professional examination
Group 1
(a) a condition within 12 months of the first hypoglycaemia requiring the assistance of the other person; or
(b) diabetes mellitus accompanied by organ complications.
Group 2
(a) the diseases, defects or conditions laid down for Group 1, unless otherwise specified;
(b) diabetes mellitus, when treatment has been initiated with medicines that are at risk of causing hypoglycaemia and no hypoglycaemia has occurred in the previous 12 months requiring the assistance of another person, there are no medical complications associated with diabetes mellitus and the driver or the applicant
1. realizes hypoglycaemia or its warning symptoms,
2. it is able to demonstrate regular measurement of the glucose, which it performs at least twice a day, and if it is a driver, then during the driving time; and
3. Prove that it understands the risks posed by hypoglycaemia; the method of demonstration shall be recorded by the physician in the medical file kept on the person under assessment.
Regular medical examination of the medical condition by the physician of the relevant specialised competence is always a condition of medical fitness, to be performed at least once every 3 years.
VI. Diseases, defects or states of the nervous system excluding or inducing medical fitness to drive motor vehicles
1. Diseases, defects or states of the nervous system excluding medical fitness to drive motor vehicles are those diseases, defects or states of the nervous system which pose a serious risk to road traffic, in particular:
Group 1
(a) epilepsy where the duration of the seizure-free period is less than 12 months; epilepsy for the purposes of this decree means two or more epileptic seizures that have occurred in the person under consideration for a maximum interval of 5 years,
(b) a condition after an isolated or first unprovoked epileptic seizure, if antiepileptic treatment has been initiated, for 12 months;
(c) a condition after an isolated or first unprovoked epileptic seizure, if anti-epileptic therapy has not been initiated, for 6 months;
(d) a condition following a provoked epileptic seizure caused by a identifiable causative factor likely to be repeated while driving; or
(e) seizures with impaired consciousness or momentum such as uncompensated narcolepsy or cataplexy.
Group 2
(a) the diseases, defects or conditions laid down for Group 1, unless otherwise specified;
(b) epilepsy for 10 years without seizure after discontinuation of antiepileptic therapy;
(c) a condition following an isolated, unprovoked epileptic seizure where anti-epileptic therapy has not been initiated for 5 years after the seizure,
(d) seizures with impaired consciousness or momentum, including those in a history of such conditions as narcolepsy or cataplexy.
(e) conditions associated with diseases, accidents or surgical interventions affecting the central or peripheral nervous system and causing serious psychological, sensory or motor disorders; or
(f) sleep disturbances seriously affecting alertness.
2. Diseases, defects or states of the nervous system which affect road safety and for which the applicant or driver can be recognised as fit to drive a motor vehicle only on the basis of the conclusions of the expert examination, in particular:
Group 1
(a) conditions associated with diseases, accidents or surgery affecting the central or peripheral nervous system and causing psychological, sensory or motor disorders;
(b) epilepsy where the seizure-free period is longer than 12 months;
(c) epilepsy with seizures occurring only in sleep, a history of awake seizures and epilepsy lasting at least 12 months;
(d) epilepsy with seizures that do not affect driving ability has not occurred in a history of seizures other than those that have been shown not to affect driving ability, and epilepsy lasts for at least 12 months;
(e) epileptic seizures which occur as a result of a change in anti-epileptic therapy as indicated by the doctor; if an epileptic seizure occurs during a change in treatment or a reduction in the therapeutic dose, a period of 3 months when the assessed person is not driving should the previously effective treatment be resumed;
(f) a condition after an isolated epileptic seizure or after the first non-provocative seizure when antiepileptic treatment was initiated, 12 months after the seizure,
(g) a condition after an isolated epileptic seizure or after the first non-provocative seizure where anti-epileptic treatment has not been initiated, 6 months after the seizure,
(h) a condition following a provoked epileptic seizure caused by a recognizable causative factor which is unlikely to be repeated while driving;
(i) seizures with impaired consciousness or momentum, such as compensated narcolepsy or cataplexy; or
(j) sleep disturbances seriously affecting alertness.
Group 2
(a) the diseases, defects or conditions laid down for Group 1, unless otherwise specified;
(b) a condition following an isolated, unprovoked epileptic seizure, unless antiepileptic therapy has been initiated and no related brain pathology is found in the neurological examination and no epileptiform activity on the electroencephalogram (EEG) is recorded, 5 years after the seizure,
(c) epilepsy or post-epileptic seizure if anti-epileptic therapy has been initiated and no associated brain pathology is found in the neurological examination and no epileptiform activity is observed on the electroencephalogram (EEG), 10 years after treatment discontinuation; in the case of prognostic conditions such as benign epilepsy with Rolandic spikes, after 5 years of withdrawal,
(d) a condition following a provoked epileptic seizure caused by a recognizable causative factor which is unlikely to be repeated while driving; the risk of seizures must not exceed 2% per year;
(e) other loss of consciousness; the risk of recurrence of loss of consciousness must not exceed 2% per year;
(f) diseases associated with an increased risk of epileptic seizures, such as arteriovenous malformations or intracranial bleeding, although seizures have not yet occurred; if there is structural damage to the brain where there is an increased risk of seizure, this risk must not be more than 2% per year; or
(g) sleep disturbances affecting alertness.
In the cases referred to in points (d) to (g), periodic medical checks shall always be a medical condition; is carried out in the framework of regular medical examinations provided for in the law; This does not apply if the opinion expires earlier.
VII. Diseases, defects or conditions causing mental disorders excluding or contingent upon medical fitness to drive motor vehicles
Group 1 and 2
1. Mental disorders excluding medical fitness to drive motor vehicles are diseases or conditions which cause health complications or derogations which are dangerous for road traffic, in particular:
(a) organic mental disorders manifested by dementia (dementia in Alzheimer's disease, vascular dementia, dementia in diseases classified elsewhere, unspecified dementia),
(b) organic amnesty syndrome,
(c) organically contingent personality and behavioural disorders,
(d) non-specific organic or symptomatic mental disorders;
(e) acute, chronic or untreated forms, in particular schizophrenia, schizophrenia, acute and transient psychotic disorders, schizophrenia, permanent mental disorder with delusions, induced delusion disorder, other non-organic psychotic disorders,
(f) mental retardation; or
(g) pervasive developmental disorders.
Group 1 and 2
2. Mental disorders affecting road safety and for which the applicant or driver can be recognised as fit to drive a motor vehicle only on the basis of the conclusions of the expert examination, in particular:
- serious mental disorders congenital, caused by illness, injury or neurosurgery,
- organically contingent personality and behavioural disorders, or
- clinically serious forms of specific personality disorders leading to serious impairment of judgement, behaviour or adaptability.
Mental or personality disorders as referred to in point 2, where they cannot be classified under mental disorders as set out in point 1, shall mean in particular:
(a) healing, remission or clinically sufficient form of remission in schizophrenia, schizophrenia, acute and transient psychotic disorders, schizophrenic disorders, persistent mental disorders with delusions, induced delusions or other non-organic psychotic disorders,
(b) other mental disorders (a history) resulting from illness, brain impairment or dysfunction or from somatic illness;
(c) postencephalic syndrome, or
(d) delirium other than alcohol and other drugs (a history), severe neurotic disorders, behavioural syndromes associated with physiological disorders and somatic factors, personality and behaviour disorders in adults, severe psychological development disorders. "
Transitional provision
If, prior to the date of entry into force of this Order, no opinion has been given on the basis of the medical assessment under Decree No 277 / 2004 Coll., on the medical fitness to drive motor vehicles, as effective before the date of entry into force of this Order, the medical assessment under Decree No 277 / 2004 Coll., on the medical fitness to drive motor vehicles shall be carried out as from the date of entry into force of the Decree.
Efficacy
This Decree shall take effect on 15 April 2011.
Minister:
Doc. MUDr. Heger, CSc., v. r.
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Regulation Information
| Citation | Decree No. 72 / 2011 Coll., amending Decree No. 277 / 2004 Coll., on determining the medical fitness to drive motor vehicles, medical fitness to drive motor vehicles, with the condition and formalities of a medical certificate certifying the health reasons for which the safety belt (the Motor Vehicle Health Order), as amended by Decree No. 253 / 2007 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.03.2011 |
|---|---|
| Effective from | 15.04.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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