Act No. 80 / 2006 Coll.
Act amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
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Effective from 01.01.2007
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80
THE LAW
of 8 February 2006
amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Road Act
Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 489 / 2001 Coll., Act No. 256 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 358 / 2003 Coll. and Act No. 186 / 2004 Coll., is amended as follows:
1. In Article 9 (3), the words "and Class I roads' shall be inserted after the words" motorways'.
2. the following Section 12a is inserted after Section 12:
(1) The competent administrative authority of the road shall be responsible for the safety of the operation of a tunnel of more than 500 metres in length (hereinafter referred to as the "tunnel over 500 m '). The competent road administration office in the management of the tunnel above 500 m based on the infrastructure manager's documentation, including the tunnel above 500 m
(a) compile and continuously record changes in the security documentation;
(b) draw up an emergency report in a tunnel over 500 m;
(c) authorise coordination of measures to ensure the safe operation of the tunnel above 500 m by a natural person meeting the requirements laid down in the implementing legislation for professional qualifications and practice (hereinafter referred to as the "authorised person").
(2) The report drawn up in accordance with paragraph 1 (b) shall be sent by the tunnel administrator over 500 m within 30 days of the date of the emergency of the Ministry of Transport and the components of the integrated rescue system11c). Data from these reports shall be reported by the Ministry of Transport to the European Commission every two years.
(3) The details of the tunnel safety documentation above 500 m, the model of the tunnel emergency report above 500 m, the definition of the activity of the authorised person in coordinating measures to ensure the safety of tunnel operation above 500 m, the requirements for its professional qualifications and practice shall be laid down in implementing legislation. ';
3. In Article 13, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) technical installations and their components intended to measure, select and control the payment of the infrastructure charge (hereinafter referred to as the" electronic toll system "), if located on the road or on a road parcel."
4. Paragraph 15 (2) reads as follows:
"(2) On a proposal from, or after consultation with, the competent authority of the Police of the Czech Republic or on a proposal from, or after consultation of, the Road Administration Office, the owner of the motorway, road and local roads shall be entitled to cut down timber on the road parcels in accordance with the specific regulations (3). '
5. In Article 16 (2), the following sentence is added: "The applicant shall attach, in addition to the formalities required by the special legislature5, to the application for the opening of a zoning procedure and construction procedure for the construction of a tunnel above 500 m. If the Ministry of Transport does not exercise the competence of a special building office, the authority concerned is in the territorial and building procedure for the construction of a tunnel above 500 m. '
6. Paragraph 17 (3) reads as follows:
"(3) Where the construction of a motorway, road or local communication on a foreign land and the owner of the building has been established and the property settlement with the owner of the land has not been demonstrated to be achieved by agreement with the owner of the land at the price laid down in the implementing legislation, the competent special construction office may, on the basis of a proposal from the owner of the construction, establish a material burden which is necessary for the exercise of the right of ownership of the construction, for a one-off compensation of the amount provided for by the implementing legislation. Proof that the owner of the building has failed to reach an agreement with the owner of the land is a written call for the conclusion of the agreement, sent to the owner of the land, containing a proposal by the owner of the building to establish a material burden, a proposal for remuneration and a notice that if the owner of the land has not responded to the request within 30 days of its receipt, the agreement shall be deemed to be rejected. '
7. In Paragraph 18a, the words "or Class I road 'shall be inserted after the word" motorway'.
8. In Paragraph 18b, the words "or Class I road 'are inserted after the words" motorway'.
9. In Section 18b, the words "and first class roads' shall be inserted after the words" motorways'.
10. in the first sentence of Paragraph 18d (1), the words "or first class roads" shall be added after the word "motorway."
11. in Article 18d (1), in the second sentence after the word "motorway," the words "or first class roads" shall be inserted.
12. in Article 18d (2), the words "or Class I road" shall be inserted after the word "motorway."
13. In Paragraph 18d (3), the words "or Class I road" shall be inserted in the first sentence after the words "motorway."
14. In Paragraph 18d (3), in the sentence of the second sentence, the words "or first class roads" shall be inserted after the word "motorway."
15. in Article 18e (a), the words "or Class I road" shall be inserted after the word "motorway."
16. in Paragraph 18e (c), the words "or Class I road" shall be inserted after the word "motorway."
17. in Paragraph 18e (d), the words "or first class roads" shall be inserted after the word "motorway."
18. in Paragraph 18e (e), the words "or Class I road" shall be inserted after the word "motorway."
19. in Paragraph 18e (f), the words "or first class roads" shall be inserted after the word "motorway."
20. In Paragraph 18e (g), the words "or Class I road" shall be inserted after the word "motorway."
21. In Paragraph 18e (i), the words "or Class I roads" shall be inserted after the word "motorway."
22. in Article 18e (j), the words "or Class I road" shall be inserted after the word "motorway."
23. in Article 18e (k), the words "or Class I road" shall be inserted after the word "motorway."
24. in Paragraph 18e (l), the words "or Class I road" shall be inserted after the word "motorway."
25. in Paragraph 18e (m), the words "or the first-class road" shall be inserted after the word "motorway."
26. in Article 18f (1), the words "or Class I roads" shall be inserted after the word "motorway."
27. in Article 18f (2), the words "or Class I road" shall be inserted after the word "motorway."
28. In Article 19 (6), the words "its owner if owner 'are replaced by the words" its operator if operator';
29. Paragraph 20 to 21, including the headings and footnotes No 11a to 11h, read:
"Charging of general use and types of charging
(1) The use of infrastructure, as determined by the implementing legislation, which is marked by a road mark indicating the charge of 11a), determined by the type of motor vehicle, is subject to a charge (hereinafter referred to as "toll infrastructure").
(2) The charging shall be determined in accordance with:
(a) the vehicle type and the distance travelled over the toll road (tolls); or
(b) the time period of use of the toll infrastructure (hereinafter referred to as the time fee).
(3) A time fee and toll may not be imposed at the same time with the use of the toll infrastructure specified by the type of motor vehicle.
(4) The funds obtained from the levy constitute the revenue of the State budget.
Exemption from charging
(1) Charging is not subject to use of toll infrastructure by road motor vehicle
(a) equipped with a special warning light in accordance with a special regulatory provision 11b) in the case of a vehicle
1. Prison services of the Czech Republic,
2. medical emergency services and transport of sick, injured and parents,
3. components of the integrated rescue system 11c) not specified in points 1 to 3;
(b) Ministry of Interior used by the Czech Police and bearing the inscription "POLICE,"
(c) the armed forces of the Czech Republic (11d), including vehicles used by the Military Police and bearing the inscription "MILITARY POLICE" and vehicles of the armed forces of another State on a reciprocal basis,
(d) the customs authorities bearing the words "CUSTOMS GOVERNMENT" 11e;
(e) fire brigades and volunteer fire brigades bearing the words "HASIČI,"
(f) transporting severely disabled citizens who have been granted, under special legislation 11f, the benefits of Grade II, except for those affected by complete or practical deafness, or level III, provided that the holder of a road vehicle is the person affected or is close to him (11g);
(g) carrying unprovided children who are treated for cancer or hemoblastosis, provided that parents or assimilated persons receive a contribution to the operation of a road motor vehicle in accordance with special legislation11f;
(h) in the removal of the consequences of road accidents on road charges, in the execution of rescue and liquidation work and in the protection of the population (11c), or in the rescue of life and the protection of the health of persons;
(i) Administration of State tangible reserves in the transport of material of State tangible reserves or humanitarian aid to the State in crisis situations under special legislation 11h);
(j) the infrastructure manager.
(2) If it is necessary to use the toll communication to guide the detour when closing pursuant to § 24, this communication may be used without charging.
Time fee
(1) A road vehicle with at least four wheels with a maximum authorised mass of less than 12 tonnes, or a combination of vehicles with a maximum authorised mass of less than 12 tonnes (hereinafter referred to as the "vehicle in a time charging system '), may be used by the toll on the road. The time fee may be paid for a calendar year, one month or seven days.
(2) The upper limit of the time fee per calendar year for a vehicle in a time charging system is:
(a) up to the maximum authorised weight of 3.5 tonnes,
b) with a maximum authorised weight of over 3.5 tonnes to the maximum authorised weight of less than 12 tonnes, 20 000 CZK.
(3) The amount of the time fee per month and seven days shall be fixed in proportion to the amount of the time fee per calendar year for a road motor vehicle or a combination of vehicles, according to their largest weight. The amount of time fees shall be determined by implementing legislation.
11a) Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws (Road Traffic Act), as amended. Decree No. 30 / 2001 Coll., implementing the rules on road traffic and the adaptation and management of road traffic, as amended.
11b) Decree No. 341 / 2002 Coll., on the approval of technical competence and on technical conditions for the operation of vehicles on the road, as amended.
11c) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended.
11d) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
11e) Decree No. 197 / 2001 Coll., on the method of external marking and customs office badges, models of service uniforms and special colour design and marking of service vehicles of customs administration.
11f) Decree No. 138 / 1997 Coll., amending and supplementing Decree No. 182 / 1991 Coll., implementing the Social Security Act and the Act on the Jurisdiction of the Bodies of the Czech Republic in Social Security, as amended.
11g) Act No. 40 / 1964 Coll., Civil Code, as amended.
11h) Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Provisions, as amended. Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended. '
30. The following Sections 21a to 21e are inserted after Section 21, including the headings and footnotes No 11i:
Method of payment
(1) The time fee is paid before the use of the toll infrastructure. The payment of the time fee shall be demonstrated by a valid two-part coupon. The coupon shall conform to the model laid down, shall have a value corresponding to at least the amount of the time charge applicable to the maximum authorised mass of the vehicle in the time charging system and shall include:
(a) an indication of the registration mark of a motor vehicle the use of which is demonstrated by the coupon on the road charge and which corresponds to the registration mark affixed to that vehicle in the time charging system;
(b) an indication of the period of validity corresponding to the period of use of the toll infrastructure.
(2) The indication of the registration mark shall be indicated by the driver on both sections of the coupon at the latest before the use of the toll infrastructure.
Coupon validity
(1) The term of validity of a coupon proving payment of a time fee per calendar year shall begin on 1 December of the year immediately preceding the calendar year indicated on the coupon and end on 31 January of the immediately following calendar year, with the exception of a coupon showing payment of a time fee for the calendar year immediately preceding the calendar year of entry into force of this Law. In that calendar year, the coupon proving payment of the time fee for the calendar year shall expire on 31 December of the calendar year indicated on the coupon.
(2) The term "coupon" proving the payment of a time fee per month shall begin on the day indicated on the coupon and end on the day immediately following the month which corresponds to the day indicated on the coupon. If there is no such day in the relevant calendar month, the expiry date shall be the last day of that calendar month.
(3) The term "coupon" proving the payment of the seven-day fee shall begin on the day indicated on the coupon and end on the seventh calendar day.
Marking of coupon duration
On a coupon showing the payment of a time fee for one month or seven days, the seller shall indicate the beginning of the term of validity of the coupon on sale.
Issue and sale of coupons
The State Fund for Transport Infrastructure is responsible for issuing and selling coupons. The State Fund for Transport Infrastructure may delegate to a natural or legal person activities related to the issue and sale of coupons. The price for brokering sales is negotiated according to price regulations 11i).
Obligations of the driver of the vehicle in the time charging system
(1) The driver of the vehicle in the time charging system is obliged to:
(a) to pay the time fee and to attach to the implementing act a specified part of the coupon proving the payment of the time fee an entire area at a visible point in the vehicle;
(b) indicate the vehicle registration mark on the coupon proving payment of the time fee;
(c) submit, upon request, to the inspection of a member of the Police of the Czech Republic ("the policeman") or to the customs officer the part of the coupon proving payment of the time fee;
(d) remove the part of the coupon proving payment of the time fee at a visible point in the vehicle as soon as it has expired.
(2) The implementing legislation sets out coupons' designs, the place where the coupons must be affixed to the vehicle, the way in which they are completed, the way in which they are recorded and, in the case of coupons with less than one year of validity, the way in which they begin to be valid.
11i) Act No. 526 / 1990 Coll., on Prices, as amended. '
31. Paragraph 22, including the title and footnote 11, reads as follows:
"Toll
(1) The use of toll infrastructure by a road vehicle with at least four wheels, the maximum authorised mass of which is at least 12 tonnes, or a combination whose maximum authorised mass is at least 12 tonnes (hereinafter referred to as "an electronic toll system vehicle"), is subject to tolling.
(2) The amount of tolls is collected by means of an electronic toll system, which includes an electronic on-board device approved under the Special Act 11j) to which a vehicle must be equipped in an electronic toll system (hereinafter referred to as "electronic equipment"). The electronic device is non-transferable and its use is linked to a specific vehicle registered in the electronic toll system. The amount of tolls is determined by the product of the toll rate and the distance travelled over the toll road.
(3) For vehicles exempted from charging pursuant to § 20a tolls are not paid. The vehicle in the electronic toll system shall be equipped with electronic equipment for inspection purposes.
(4) The level of tolls is laid down in the implementing legislation.
11j) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
32. The following Sections 22a to 22d are inserted after Section 22, including the headings and footnotes No 11k to 11m:
Operation of electronic toll system
(1) The operation of the electronic toll system and toll collection is provided by the Ministry of Transport. The Ministry of Transport may entrust the operation of the electronic toll system and the choice of toll organisation set up by the Ministry of Transport (hereinafter referred to as the "electronic toll system operator ') on the basis of the Government's consent.
(2) The Ministry of Transport and the organisation responsible for the operation of the electronic toll system and toll collection cooperate in the operation of the electronic toll system and the collection of electronic tolls with the Police of the Czech Republic. To this end, the organisation responsible for operating the electronic toll system shall, in particular on the network of motorways and express roads, establish organisational and technical conditions for the supervision of the safety and continuity of traffic flows, emergency situations and traffic on motorways and express roads. ';
(3) The electronic toll system must comply with the following basic conditions:
(a) make it easier to connect electronic toll systems within the European Communities (hereinafter referred to as interoperability) in accordance with the relevant European Communities Regulation 11k;
(b) its introduction must not discriminate against domestic users or users from other Member States of the European Communities.
(4) The technical conditions of the electronic toll system are laid down in implementing legislation.
Rights and obligations of the electronic toll system operator
(1) The electronic toll system operator is obliged to:
(a) identify the types of electronic equipment that can be registered in the electronic toll system;
(b) keep data records for the purpose of operating an electronic toll system (hereinafter referred to as "Toll data records");
(c) ensure the free provision of electronic equipment to each vehicle operator in an electronic toll system or a person authorised by it (11l) who so requests;
(d) ensure the collection of tolls from the vehicle operator in the electronic toll system or from the person authorised by him (11l).
(2) The registration of toll data is a public administration information system pursuant to a special law of 11m), the administrator of which is the electronic toll system operator. Toll data records shall contain data on:
(a) vehicle operators in the electronic toll system and their owners, if the owner is not an operator;
(b) vehicles registered in an electronic toll system;
(c) the time and place of passage of vehicles in the electronic toll system;
(d) electronic equipment used,
(e) vehicles for which the tolling obligation has not been met and the kilometres carried by them,
(f) other facts necessary for the operation of the electronic toll system provided for in the implementing legislation.
(3) The electronic toll system operator processes data in the Toll Data Record in a manner specified by special law 11m). The electronic toll system operator provides data from the toll data log on written request to infrastructure managers, road administrations, the police of the Czech Republic, the Security Information Service and the Central Transport Information System.
(4) An electronic toll system operator is entitled to require a vehicle operator in an electronic toll system or a person authorised by it (11l), with the exception of a vehicle in an electronic toll system whose use is not subject to a charge on a toll road,
(a) payment of tolls;
(b) the composition of the deposit up to the maximum cost of the electronic equipment.
(5) The deposit is a guarantee that the electronic equipment will be returned to the functional and undamaged operator of the electronic toll system. Upon receipt of a functioning and undamaged electronic device, the electronic toll system operator shall return in full to the person who made the bail or to another authorised person 11l).
(6) The amount of the deposit is laid down in the implementing legislation.
Obligations of the operator and driver of the vehicle in the electronic toll system
(1) The vehicle operator in the electronic toll system is obliged to:
(a) provide the electronic toll system operator with the data necessary to register the vehicle operated by it in the electronic toll system;
(b) ensure the installation of registered electronic equipment on a vehicle in an electronic toll system;
(c) instruct the driver of vehicles operated by him about how the electronic equipment is handled and used.
(2) The vehicle operator in the electronic toll system shall ensure payment of tolls under conditions agreed with the electronic toll system operator.
(3) The vehicle operator must not:
(a) use registered electronic equipment in another vehicle in an electronic toll system;
(b) to order, permit or entrust the control of a vehicle in an electronic toll system for toll road communications, unless the vehicle is registered and equipped with an electronic vehicle equipment.
(4) The implementing legislation sets out the way in which the electronic toll system is to be registered, the way in which the electronic equipment is handled and used, the conditions for ensuring the interoperability of electronic toll systems in accordance with the relevant European Communities Regulation (11k), the way in which the toll is to be paid and the way in which the toll is to be proved.
(5) The details of the conditions for payment of tolls for toll roads in the electronic toll system may be laid down in the contractual terms of the electronic toll system operator.
(6) In determining and accounting for freight customers, the vehicle operator shall also be required to specify the level of tolls relating to the transport carried out in the electronic toll system, if the domestic carrier is obliged.
(1) The driver of the vehicle in the electronic toll system is obliged to:
(a) before using the toll infrastructure, ensure that the vehicle is registered in an electronic toll system and that the electronic equipment is installed in a registered vehicle in an electronic toll system, unless the obligations have been fulfilled by the vehicle operator pursuant to § 22c (1) (a) and (b), and enter in the electronic equipment data enabling correct toll determination;
(b) maintain electronic equipment in operation throughout the journey on the toll road;
(c) to dispose of electronic equipment only in the manner laid down in the implementing legislation;
(d) to pay tolls if they have not been paid by the vehicle operator in the electronic toll system;
(e) at the request of a police officer or customs officer, to allow the payment of tolls and functionality of electronic equipment to be checked.
(2) A vehicle driver in an electronic toll system shall not drive a vehicle in an electronic toll system after a toll road communication unless the vehicle is registered in an electronic toll system and equipped with an appropriate electronic device.
(3) The types of data which are necessary for entering into electronic equipment and which allow the determination of tolls and the conditions of use of electronic equipment are laid down in the implementing legislation.
(11k) Directive 2004 / 52 of the European Parliament and of the Council on the interoperability of electronic road toll systems in the Community.
11l) § 31 et seq. of the Civil Code. Act No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the authenticity of the signature by the municipal authorities.
11m) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll. '.
33. In Article 23 (1) (c), the words "or is the owner of the property" shall be inserted after the words "or at the standstill of a road motor vehicle of a natural person having a permanent residence."
34. In Article 23, the following paragraph 4 is added:
"(4) For the purpose of organising transport within the municipality, the municipality may define in the municipality's order areas with time and species restrictions on supply. In the order of the municipality, the municipality provides for the types and categories of road vehicles, time limits and activities subject to restrictions. '
35. in Article 24 (2), the words "after the prior approval of the Ministry of the Interior, if there are motorways or express roads, in other cases after the prior approval of the competent authority of the Czech Police" shall be deleted.
36. in Article 24 (5), the following point (e) is added:
"(e) The Ministry of the Interior, if on motorways or express roads, in other cases the competent authority of the Police of the Czech Republic."
37.Paragraph 27 (6) reads:
"(6) Road and local road sections on which, due to their low transport significance, the mobility and efficiency of snow and ice removal are not ensured, the owner shall be required to indicate according to the specific legislation (2) or implementing legislation. The definition of such road sections shall be laid down by the relevant county by its regulation and the definition of the local road sections shall be laid down by its regulation. ';
38. After Paragraph 29, the following Section 29a is inserted:
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Regulation Information
| Citation | Act No. 80 / 2006 Coll., amending Act No. 13 / 1997 Coll., on Road, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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