Decree of the Minister for Foreign Affairs No. 82 / 1971 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on International Road Transport
Valid
Effective from 05.06.1971
82
DECLARATION
Minister for Foreign Affairs
of 5 June 1971
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on international road transport
On 10 November 1970, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on international road transport was signed in Prague.
Pursuant to Article 13 (1) thereof, the Agreement entered into force on 5 June 1971.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Marko v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning international road transport
Government of the Czechoslovak Socialist Republic and Government of the United Kingdom of Great Britain and Northern Ireland
led by efforts to facilitate international road transport between the two States and transit through their territories
agree as follows:
GENERAL PROVISIONS
Definitions
For the purposes of this Agreement:
(a) the term "carrier" shall mean a person (including a legal person) who is entitled, either in the Czechoslovak Socialist Republic or in the United Kingdom of Great Britain and Northern Ireland, in accordance with the relevant national rules, to transport and transport passengers or road costs for remuneration or for his own account; the expression of the carrier of a Contracting Party shall be read accordingly;
(b) the term "passenger vehicle" means a mechanically propelled road vehicle which:
(i) is designed or adapted for use and used for the carriage of passengers by road;
(ii) has at least eight seats except the driver's seat;
(iii) it is registered in the territory of a Contracting Party and is owned or used by, or under the name of, a carrier, which is entitled to carry passengers in that territory;
(iv) is temporarily imported into the territory of the other Contracting Party for the purpose of carrying out the international carriage of passengers from or transit through that territory;
(c) the term "goods vehicle" means, in Article 11 of this Agreement, a mechanically propelled road vehicle which:
(i) is designed or adapted for use and used for the carriage of goods by road;
(ii) registered in the territory of one Contracting Party; and
(iii) is temporarily imported into the territory of the other Contracting Party for the purpose of the international transport of costs, their unloading or loading at any point in that territory or for the purpose of transporting costs by transit through that territory;
or this term means a trailer or semi-trailer to be connected to such a goods vehicle and further to this Agreement means a goods vehicle which is owned or used by, or under the name of, the carrier, where that carrier is entitled to carry the costs in the territory where the vehicle is registered;
(d) the term "territory" as regards the Czechoslovak Socialist Republic means the territory of the Czech Socialist Republic and the Slovak Socialist Republic;
(e) the term "territory" as regards the United Kingdom shall mean England, Wales, Scotland and Northern Ireland.
Competent authorities
The Contracting Parties shall notify each other in writing of the competent authorities for the purposes of this Agreement in their territories.
Compliance with and application of road transport rules
The carrier of one Contracting Party shall comply in the territory of the other Contracting Party with the national provisions in force in that territory relating to road transport and road traffic, working hours and maximum permissible driving times, including the provisions of international conventions or agreements applicable in that territory.
Non-compliance
(1) In the event of a breach of the provisions of this Agreement by the operator of a passenger or freight vehicle or by a driver of such a vehicle, the competent authority of the Contracting Party in whose territory the infringement has taken place (without waiving the legal penalties which may be applied by the courts or administrative authorities of that Contracting Party) may notify the infringement to the competent authority of the other Contracting Party which may take appropriate action under its national rules.
(2) The competent authority which has received such notification shall inform the competent authority of the other Contracting Party of the action taken as soon as possible.
TRANSPORT OF TRAVELERS
Occasionally passenger transport
(1) The carrier of one Contracting Party may use a passenger vehicle for the following international carriage of passengers to the territory of the other Contracting Party without being required to do so under the national provisions of the other Contracting Party:
(a) "closed door tours," i.e. transport to or through the territory of the other Contracting Party where a passenger vehicle enters and leaves the territory without passengers entering or leaving the territory;
(b) "transport in the direction of there," i.e. transport where a group of passengers is transported by a carrier of one Contracting Party to the territory of the other Contracting Party for temporary stay and the passenger vehicle leaves that territory empty;
(c) "back-to-back transport," that is to say, a transport operation whereby the carrier of one Contracting Party uses empty passenger vehicles to enter the territory of the other Contracting Party and transports a group of passengers back to the territory in which the carrier is authorised to carry out the transport, each of the following passengers:
(i) has been transported to the territory of the other Contracting Party by that carrier; and
(ii) prior to the start of such transport, the contract for both journeys on the territory of the Contracting Party in which the carrier is authorised to carry out the carriage.
(2) The replacement of a passenger vehicle which has become immobile in carrying out the above-mentioned shipments by another passenger vehicle may also take place without authorisation.
Other passenger transport
International passenger transport (other than those referred to in Article 5 of this Agreement) carried out by a carrier of one Contracting Party in the territory of the other Contracting Party shall be subject to an authorisation procedure under the national rules in force in that territory.
TRANSPORT OF COSTS
Applications for authorisation
(1) The carrier of one Contracting Party shall be authorised to carry out the international carriage of goods by road, with the exception of those referred to in Article 8 of this Agreement, in or through the territory of the other Contracting Party. The authorisation shall be issued by:
(a) carriers authorised to carry out transport operations in the Czechoslovak Socialist Republic, the competent authority in the Czechoslovak Socialist Republic or any other authority in the Czechoslovak Socialist Republic entrusted with this activity;
(b) carriers authorised to carry out transport operations in the United Kingdom, the competent authority in the United Kingdom or any other authority in the United Kingdom responsible for such activities.
(2) The authorisation authorises one journey to and from the territory of the other Contracting Party or one transit journey to and from that territory.
(3) The authorisation model shall be agreed by the competent authorities of the Contracting Parties.
(4) The competent authority of one Contracting Party shall send the competent authority of the other Contracting Party an appropriate number of outstanding authorisations in force.
Transfers not subject to authorisation
Authorisation under Article 7 of this Regulation Agreements shall not be required for:
(a) the transport of damaged vehicles;
(b) the transport of works of art;
(c) the occasional carriage of articles and equipment intended solely for advertising or educational purposes;
(d) the transport of goods, equipment or animals intended for theatrical, musical, film or circus performances or sports undertakings, exhibitions or fairs, or for radio, television or film shooting, both on the way there and back;
(e) freight transport for fairs and exhibitions;
(f) funeral services;
(g) the transport of mail;
(h) the transport of the uppers moved by undertakings having special staff and equipment for that purpose;
(i) the carriage of goods in motor goods vehicles with a useful load (including trailer) not exceeding 1000 kg;
(j) the transport of costs to and from the airport in the event of diversion of air services;
(k) the transport of animal carcasses for disposal (not for consumption);
(l) the transport of bees and fish seines;
(m) the carriage of goods in trailers or semi-trailers which are owned or used or under the name of a carrier of one Contracting Party, unless such trailers or semi-trailers are towed by a tractor registered in the territory of that Contracting Party.
Recovery costs
(1) The carrier of one Contracting Party may, upon delivery of the costs in the territory of the other Contracting Party, take over the cargo for re-transport in that territory.
(2) The carrier of one Contracting Party may, in accordance with paragraph 3 of this Article, enter the territory of the other Contracting Party with an empty truck for the purpose of taking over the transport costs.
(3) Carrier of one Contracting Party wishing to take over cargo within the territory
(a) a third State for delivery in the territory of the other Contracting Party; or
(b) the other Contracting Parties for delivery to a third State shall apply to the competent authority of the other Contracting Party for authorisation to carry out such transport.
Exclusion of cabotage
This Agreement shall not allow a carrier of one Contracting Party to take over cargo between two locations situated within the territory of the other Contracting Party.
Taxation
(1) Freight vehicles registered in the territory of one Contracting Party which are owned by persons resident in that territory shall be exempt from taxes and levies on the operation or use of vehicles and from the fees for the issue of authorisation for carriage to the territory of the other Contracting Party.
(2) The exemptions referred to in paragraph 1 of this Article shall not apply to taxes or levies on fuel consumption or special charges (compensation for certain bridges, tunnels, ferries or road sections).
(3) The exemptions referred to in paragraph 1 of this Article shall be granted in the territory of each Contracting Party to vehicles subject to the provisions of this paragraph, provided that the conditions laid down in the customs legislation in force in that territory concerning temporary importation without payment of import duties and taxes levied on importation are fulfilled.
FINAL PROVISIONS
Implementation of the Agreement
(1) At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party shall provide the essential information available concerning the development of shipments carried out under this Agreement.
(2) At the request of one or the other competent authority, the representatives of both parties shall meet within the agreed deadline as Joint Commission to examine the implementation of this Agreement and, if necessary, agree on the number of authorisations to cover normal and anticipated cost transport requirements by road.
Validity of the Agreement
(1) Each Contracting Party shall notify the other Contracting Party that it has complied with the procedure required by national provisions for the entry into force of the Agreement. The Agreement shall enter into force 30 days after the date indicated at the later of these notifications.
(2) The Agreement will remain in force one year after its entry into force. It shall remain in force unless it is denounced in writing by one of the Contracting Parties within a six-month notice period.
To prove the signature, for that purpose, duly authorised, they signed this Agreement.
In Prague on 10 November 1970, in two original copies, each in the Czech and English languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist
Republic:
Dr. Jar.
For the Government
United Kingdom
and Northern Ireland:
Howard Smith v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 82 / 1971 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on International Road Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1971 |
|---|---|
| Effective from | 05.06.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0