Decree of the Ministry of Transport and Communications No. 74 / 1961 Coll.
Decree of the Ministry of Transport and Communications on the rental and use of road vehicles for motor transport
Valid
Effective from 01.08.1961
74
DECLARATION
Ministry of Transport and Communications
of 11 July 1961
on the rental and use of road vehicles for motor transport
The Ministry of Transport and Communications, in agreement with the participating authorities and authorities and with the Central Council of Trade Unions, announces, pursuant to § 10 (2) of Government Decree No. 60 / 1959 Coll., on the scope of planning, pricing and control, and pursuant to § 8 (1) of Act No. 57 / 1950 Coll., on the regulation of road transport business:
General provisions
Scope
(1) This Order regulates the conditions and refunds applicable to:
(a) hire of road vehicles for motor transport, i.e. motor vehicles, their trailers and semi-trailers (hereinafter referred to as "vehicles"), socialist organisations (hereinafter referred to as "organisations") and private vehicles between organisations or persons;
(c) the use of personal vehicles of organisations or persons for external use which are not a branch of their business.
(2) This decree also provides for compensation for the use of vehicles between budgetary organisations. This use is considered to be rental.
(3) This decree does not apply to the use of vehicles of an organisation for the needs of its own units of the People's militia. In such cases, specific provisions shall apply. *)
Rental of vehicles
Conditions of rental
(1) Organisations whose business is transport or other performance by vehicles for hire or reward (hereinafter referred to as "transport undertaking") may rent
(a) performance for hire or reward
1. vehicles intended to carry out the performance of their business, only to transport undertakings with the same business,
2. other vehicles, i.e. those not intended to carry out the performance of their business, only those transport undertakings to which they serve to carry out the performance of their business;
(b) performance for own use
1. the vehicles referred to in point (a) No 1 only to transport undertakings with the same business field;
2. the vehicles referred to in point (a) (2) to all organisations without restriction.
(2) Organisations whose business is not transport or other performance by vehicles for hire or reward ("transport organisations") may rent vehicles
(a) performance for hire or reward only to transport undertakings to which such vehicles serve to carry out the performance of their business;
(b) performance for own use to all organisations without restriction.
(3) All organisations may:
(a) lease vehicles necessary for such training to organisations which perform driver training under the applicable regulations;
(b) lease or hire vehicles, if they are required by the competent authority in the general interest.
(4) Organisations may not lease vehicles to private persons.
(5) They may hire vehicles
(a) only transport undertakings with regard to performance for hire or reward, and only vehicles which serve to carry out their business tasks;
(b) all organisations, for their own use, to the extent that they are authorised to lease vehicles;
(c) to train drivers of an organisation carrying out such training under the applicable regulations;
(d) organisations from private persons only if the regional national committee so agrees after finding that the organisation cannot provide the tasks in time by its own vehicles or that it cannot be provided by a legitimate transport undertaking and that it cannot be provided by vehicles hired by another organisation;
(e) private persons from private persons.
(6) The duration of the same rental of vehicles from state socialist organisations must not exceed one year. *) If there has been no interruption between the successive rentals of the same vehicle for more than one month, the subsequent lease shall be considered as a continuation of the previous lease, even if a new agreement has been negotiated for the subsequent lease. The length of time for which the lessee could not use the hired vehicle to perform a medium or general repair of the vehicle shall not be included in the total rental time.
(7) Private persons may lease vehicles to each other without restriction and to organisations only for special permission (paragraph 5 (d)), or where they are required by the competent authority in the general interest.
(8) The performance for foreign purposes under this decree shall be considered to be those where the organisation (s) performing the performance is obliged to count as compensation for the organisation (s) for which the performance is performed.
Renting
(1) The lease of vehicles between the lessor and the lessee, if one of the contracting parties to the organisation, shall be negotiated with a written agreement the original of which shall be retained by the lessor.
(2) The rental agreement contains:
(a) the designation (address) of the lessor and the lessee;
(b) the data on the vehicle necessary for the determination of the rental and ancillary compensation, in particular the number of basic kilometres (Section 5 (2)) travelled since the vehicle has been placed in service or, where applicable, since the last intermediate or general repair, indicating how much repair was involved and the technical condition of the vehicle,
(c) the reasons for the lease, the estimated duration of the lease and the provision for termination;
(d) the agreement on measures to carry out a mid-term or overhaul of the vehicle, if taken into account at the time of the lease, and the agreement on who and which work planned to maintain * *) at the time of the lease,
(e) the level of the rent rate (§ 6) and the ancillary compensation (§ 7 (1) (a)) and the agreement on how to pay the rent and ancillary compensation;
(f) other arrangements (e.g. limiting the scope of use of the vehicle, measures to control performance at the time of rental, insurance).
Cases which are not considered rental
(1) Lease under this Decree shall not be deemed to be
(a) where the organisation provides the transport organisation in all cases and the transport undertaking for its own use a vehicle, including the driver, or where it supplies the fuel for the performance carried out, except where the organisation also supplies the vehicle with fuel when renting vehicles for driver training;
(b) if the intermediate holder (tenant) performs extraneous performances by the vehicle which are not his business if they have not been imposed on him in accordance with the rules governing the management of road freight transport and, where appropriate, other regulations;
(c) a written agreement has not been negotiated if one of the Contracting Parties is an organisation;
(d) the use of a vehicle of a state socialist organisation by another organisation over the maximum permissible rental period (Section 2 (6)).
(2) The cases referred to in paragraph 1 shall be assessed for the determination of refunds as if the vehicle owner had carried out the vehicle itself for the intermediate performance holder; is therefore obliged to calculate compensation for them in accordance with the price regulations applicable to the performance of the corresponding performance for foreign use. If, in such cases, the owner of the vehicle did not deliver on his own cargo to the driver or, where applicable, propellant and lubricants, etc., the intermediate holder shall be entitled to invoice the corresponding costs to the owner of the vehicle in accordance with the applicable price and wage regulations.
(3) The provisions and rates of this Part do not apply to the lending (rental) of vehicles by organisations as their business.
Types of rental refunds and power units
(1) The total refund for the lease is composed of:
(a) rent and, where appropriate, use compensation - hereinafter referred to as "rent" - Paragraph 6,
(b) secondary refunds (Section 7).
(2) Compensation for rental is calculated by the number of kilometres travelled in favourable operating conditions, i.e. basic kilometres.
(3) If the lessee does not show the performance of the vehicle in the base kilometres according to the special regulations, *) it shall be considered as the base kilometres
(a) if the lessor is an organisation, the number of kilometres actually travelled, increased by 15% for passenger vehicles and 25% for other vehicles;
(b) in other cases, the number of kilometres actually travelled increased by 10%.
(4) In cases where the number of kilometres actually travelled cannot be reliably determined, or where such a finding is very difficult (tractor performance, etc.) or where the performance of the vehicle does not matter in driving but is in the operation of its motor equipment, with the exception of the use of a tipper or lifting platform to which the vehicle is equipped, each minute of such power shall be deemed to be 0,2 basis kilometres.
(5) The basis for determining the amount of the rent and the ancillary compensation is the cost standards for each component of the rent and those laid down in specific regulations. *) Where the standards are not laid down or do not apply to the lessor, the actual costs or costs corresponding to paragraph 6 shall be the basis.
(6) For vehicles for which the cost standards are not established or for which the actual cost can only be established after a longer period of time (later than one month), the cost standards and, where applicable, the actual costs of another vehicle, which are closest to the cost, maintenance costs, identification, permissible load, number of axles, special equipment, cylinder capacity, etc. In cases of doubt, the District National Committee shall decide.
Rent
(1) The rent per base kilometre is:
(a) if the lessor is a private person to whom the rental of the vehicle has been deposited in the general interest, or an organisation [except for the use of vehicles between the budgetary organisations referred to in (c)] is the amount which is composed of:
1. the depreciation standard of the vehicle, i.e. the depreciation of the purchase value of the vehicle and the share of overhaul per base kilometre;
2. of the average vehicle repair cost standard per base kilometre on average, * *)
3. Of the standard cost of rubber hoops per base kilometre, unless the tenant owns the rubber hoops,
(b) where the lessor is a private person other than the case referred to in (a), the maximum amount to be composed of:
1. the share of the depreciation standard of the vehicle intended for overhauls per base kilometre;
2. the standard of the cost of rubber hoops, corresponding to the base kilometre, unless the tenant owns the rubber hoops,
(c) where the use of vehicles between budgetary organisations is not a legal person, the amount to be composed
1. the share of the depreciation standard of the vehicle intended for overhauls per base kilometre;
2. the cost standards referred to in (a) 2 and 3.
(2) The rent referred to in paragraph 1 shall be calculated if the lessor:
(a) a private person without regard to the duration of the lease;
(b) the organisation,
1. if it is for the hire of vehicles to train drivers carried out in accordance with the applicable regulations, without account being taken of the duration of the lease;
2. in other cases, if the lease lasts more than six consecutive straight days.
(3) If the lessor is an organisation and the duration of the lease is not more than six consecutive days, the rent increased
(a) 100% if the lease period is up to two days;
(b) 50% if the lease period lasts for three to four days;
(c) 25% if the lease period lasts for five days;
(d) 10% if the lease period lasts for six days.
(4) Paragraph 3 shall not apply to the use of vehicles between budgetary organisations where one of them is not a legal person.
By-refunds for hire
(1) In addition to rent, the lessor is entitled to reimbursement
(a) the costs of routine repair of the vehicle and maintenance costs carried out by it for its own cargo in the framework of planned maintenance, relating to the performance performed by the vehicle at the time of lease, at an amount corresponding to the standards laid down in the specific regulations; *) if any part-work of the lessee is performed on his own cargo, the procedure laid down in paragraph 2 shall be followed;
(b) the cost of routine repair of vehicle faults or damage caused by the lessee by non-professional treatment, accidents, by an unavoidable accident, for that part of the cost paid by the lessor himself;
(c) the difference between the actual costs of vehicle repair or overhauls and the standards of such costs, if a medium or general repair has to be carried out on the vehicle to eliminate damage or damage from the causes referred to in point (b), if this difference is incurred by the lessor.
(2) The refunds referred to in paragraph 1 (a) are calculated on the basis of the number of basic kilometres underlying the rental calculation. If the lessee carries out normal repair of the vehicle on his own load, if it did not take place for the reasons referred to in paragraph 1 (b), or some part of the work planned for maintenance, the lessee shall be entitled to reimbursement of the costs associated with it at an amount corresponding to the relevant cost sub-standards. If partial cost standards are not established, the lessee shall be entitled to reimbursement of actual verifiable costs. The lessor and the lessee may agree that the compensation referred to in paragraph 1 (a) shall be reduced, mutatis mutandis, by the extent of the work carried out by the lessee but not more than 30% for the treatment of the vehicle in the framework of the planned maintenance.
(3) Where the lessor is a private person who does not demonstrate that the normal repair and maintenance of the vehicle within the framework of the planned maintenance is being carried out in a supplier's manner, he shall be obliged to reduce the compensation referred to in paragraph 1 (a) due to him pursuant to paragraph 2 by 10%.
Use of passenger vehicles for hire or reward
General provisions
(1) The provisions and rates of this Part apply to performance performed by passenger vehicles for hire or reward by organisations or persons for whom this activity is not their business.
(2) For the performance carried out by passenger vehicles for hire or reward referred to in paragraph 1, the owner of the vehicle shall be entitled to compensation pursuant to Paragraph 11, the use of a passenger vehicle for hire or reward shall be assessed according to the performance carried out by the vehicle owner.
(a) in the framework of performance for own use ("occasional use");
(b) exclusively for the needs of the applicant.
(3) For the use of passenger vehicles for the non-mass transport of persons operated by organisations or, where appropriate, persons such as their business, the rates laid down for organisations whose business is that activity. *)
Compensation for the use of passenger vehicles for external performance
(1) Refunds for the use of passenger vehicles for external performance are set out in Section 2 of the Annex. They shall be graduated according to the type of passenger vehicle, if applicable, and according to the type of passenger vehicle and the contents of its cylinders, and if the owner of the passenger vehicle is an organisation or a private person, if the performance is exclusively for the applicant's needs.
(2) For occasional use, the owner of the vehicle shall be entitled to the maximum compensation provided for in item 21 of the Annex for the actual number of kilometres travelled for hire or reward, without account being taken of the owner of the vehicle. However, the refund shall be limited to the extent agreed between the owner of the vehicle (his representative) and the occasional user before the journey takes place.
(3) For the performance performed solely for the applicant's needs, the vehicle owner shall be responsible for the compensation provided for in item 22 of the Annex, on the one hand, for the actual number of kilometres travelled in the interest or benefit of the applicant, on the other hand, and for the actual period of use of the vehicle in the interests or for the benefit of the applicant (including the journey time) and for the necessary expenses (e.g. storage of the vehicle outside its regular post), if any. For the calculation of the refund, the rest period of the driver for which he is not entitled to pay shall not be taken into account for the period of use of the vehicle.
(4) Where a private person is required in the general interest to carry out performance by his own vehicle solely for the needs of the applicant, he shall be responsible for such exercise.
(a) for each kilometre in the performance of the refund paid at the rate laid down in item 22 of the Annex for organisations;
(b) for the period of performance (including journey time), compensation at the rates set out in item 22 of the Annex for private persons;
(c) reimbursement of any verifiable expenditure (e.g. storage of a vehicle outside its regular post).
(5) The compensation referred to in paragraph 2 applicable to the organisations and any compensation under this Part applicable to private persons shall be the highest. Non-compliance with the prices laid down in this Part shall not be considered as non-compliance if, instead of the highest refund, a lower refund is claimed, or if the refund is waived.
(6) The owner of the vehicle (his representative) shall be obliged to issue a certificate for compensation paid in cash.
(7) Where it is found that the performance of the performance solely for the applicant's needs is not in accordance with the rules on transport business, *) such performance shall be considered as performance on occasional use in respect of compensation, the maximum compensation provided for in item 21 of the Annex being agreed.
Final provisions
Transitional provision
(1) If the duration of the same lease or, where applicable, the use of the vehicle is affected by the duration of the same lease until both the date and the date of application of this decree, the provisions and rates of that decree are binding from the date of its effectiveness. If it contradicts any arrangement previously made for new provisions and rates, it shall be brought into line with them.
(2) The duration of the same lease with a change in the conditions and rates referred to in paragraph 1 does not interrupt in relation to the provisions of Paragraph 2 (6).
Repeal
The provisions of the existing provisions on the matters covered by this Decree are hereby repealed, in particular Decree No 377 / 1949 of Ú. l. I, on the rates for the rental and use of motor vehicles, Decree No 505 / 1950 of the Ú. l. I, which lays down provisions on compensation for the use of own motor vehicles in the course of work and external proceedings, and Decree No 317 / 1953 of the Ú. l, on the rates for driving by road.
Efficacy
This decree shall take effect on 1 August 1961.
Minister:
Hair Inc.
Annex to Decree No 74 / 1961 Coll.
Refund rates using a passenger vehicle for external performance
Item 21 The rates of refund per km of driving on occasional use of a passenger's vehicle for foreign performance shall not exceed:
| Kčs | |
|---|---|
| a) za motorové vozidlo do 100 ccm | 0,05 |
| b) za motocykl nebo tříkolku přes 100 ccm | 0,10 |
| c) za osobní automobil bez zřetele k obsahu valců | 0,20 |
Item 22 The refund rates for the performance of passenger vehicles carried out exclusively for the applicant's needs shall be:
| Druh vozidla | obsah válců v ccm | vlastníkem vozidla je | ||||
|---|---|---|---|---|---|---|
| organizace | soukromá osoba | |||||
| přes | do | za 1 km jízdy Kčs | za 15 min. doby výkonu Kčs | za 1 km jízdy nejvýše Kčs | za 15 min. doby výkonu nejvýšeKčs | |
| a) motorové | ||||||
| kolo | 100 | 0,20 | 0,13 | |||
| motocykl | 100 | 150 | 0,30 | 0,20 | ||
| nebo skútr | 150 | 250 | 0,35 | 1,50 | 0,22 | 0,80 |
| 250 | 350 | 0,40 | 0,25 | |||
| 350 | 0,45 | 0,30 | ||||
| b) motocykl s postranním vozíkem, tříkolka | 150 | 0,55 | 1,50 | 0,32 | 0,80 | |
| c) osobní automobil | 750 | 0,65 | 0,45 | |||
| 750 | 1100 | 0,80 | 0,55 | |||
| 1100 | 1500 | 0,85 | 2.- | 0,60 | 1,20 | |
| 1500 | 2000 | 1.- | 0,70 | |||
| 2000 | 1,15 | 0,80 | ||||
Note: Rate specified in item 22
(a) for 1 km of journey, the costs incurred by the operation of the vehicle, including the insurance of statutory liability and the cost of garaging the vehicle at its regular station, excluding driver costs, without general direction and without profit;
(b) 15 minutes (including journey time) valid
1. for the organisation, the driver's salary, the average share of his premiums and the remuneration for work over time and reduced reimbursement of travel expenses, the employer's contribution to sickness insurance and the general overhead share;
2. for private persons, the driver's salary shall be included;
(c) 15 minutes' time (including driving time) shall not be counted unless the owner of the vehicle pays the driver's salary.
*) Guidelines of the Ministry of Finance for the Financing of Certain Costs, No. 117 / 35 000 / 60, of 15.7.1960, published in the Bulletin of the Ministry of Finance No. 13-14 / 1960.
*) Exemption from the provisions of Article 16 (1) of Decree No. 205 / 1958 Ú. l implementing the Government Decree on the Management of National Assets, as amended by Decree No. 133 / 1960 Coll. authorised by the Ministry of Finance pursuant to Article 45 (3) of the same Decree.
* *) Decree No. 114 / 1958 Ú. l.
*) Decree No 144 / 1958 Ú. l.
* *) The average standard is equal to the cost standard for the planned number of medium repairs divided by the number of basic kilometres of business fitness.
*) Decree No 144 / 1958 Ú. l., Annex 1, Part VI.
*) Price list for transport services MH 107 Administration for the development of the local economy and the Central Association of Production Cooperatives, Section A, issued by the Press and Editorial and Promotion Service of the local economy, Prague 1, Hybernská 10, as Volume II / 326 of the local economy.
*) Act No. 57 / 1950 Coll., Decree No. 36 / 1951 Coll. and Decree No. 160 / 1952 Ú. l.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 74 / 1961 Coll., on the rental and use of road vehicles for motor transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.1961 |
|---|---|
| Effective from | 01.08.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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